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News Archive

Wed, 4/4/2018
On 6 March 2018, the Court of Justice of the European Union's (CJEU) judgment in Slovak Republic v Achmea (Case C-284/16) shook the world of investment arbitration to the core. The CJEU held that an arbitration clause in the Slovakia-Netherlands bilateral investment treaty (BIT) – and, essentially, all intra-EU BIT arbitration - was incompatible with EU law. Accepting that it is the law, then it poses a crucial question: if not arbitration, then what? Gordon Nardell QC...
Thu, 29/3/2018
On 4 April 2018 Monica Feria-Tinta will join Ricardo Abello (Agent for Colombia in the Advisory Opinion OC-23/17) and Law Faculty members of Universidad de los Andes in Colombia, on a panel discussing the new frontiers of litigation in international environmental law, in the wake of the Inter-American Court of Human Rights' recently issued Advisory Opinion. The event is organised by Universidad de los Andes, Center for Socio- Juridical Research (CIJUS) and the Colombian Academy of...
Thu, 29/3/2018
The Informa Asset Recovery Asia: Fraud Litigation, Enforcement & Contentious Insolvency Law conference will take place 5 - 6 June 2018 in Singapore. On 5 June Nakul Dewan will join the panel discussing forged documents. This session will provide an insight into the forensic examination of signatures, handwriting and forensic document examination.    If you are interested in attending the conference please contact the Senior Clerks for the 20% discount code on the...
Wed, 28/3/2018
The recent decision in JSC BTA Bank v Khrapunov [2018] UKSC 19 confirms the power and range of the worldwide freezing order (“WFO”). The WFO claimant need not stop at obtaining quasi-criminal sanctions against those who breach or assist in the breach of a WFO. The WFO claimant can also claim damages for conspiracy against any person who assists the WFO defendant in hiding his assets. The claimant thus gains a new target to recover money using a substantive English law tort claim....
Tue, 27/3/2018
Cockerill J sitting in the Commercial Court in London today granted summary judgment allowing in its entirety a claim brought by Eric Daniels against Lloyds Banking Group, which he formerly led as CEO, in relation to its refusal to transfer to him over 2 million shares to which he was entitled under his contractual Long-Term Incentive Plan.  Cockerill J’s judgment is an emphatic vindication of Mr Daniels’ position that will have general relevance beyond the facts of this...
Mon, 26/3/2018
The 2018 ASIL Annual Meeting takes place 4-7 April in Washington DC. The four day conference will focus on international law in action: how and by whom international law is made, shaped, and carried out, both formally and informally; how it is taught; how the practices of international institutions, law firms, companies, not-for-profit organizations, government offices, and militaries generate international rules; how and in what ways states and other actors interact; and how participants...
Mon, 26/3/2018
Monica Feria-Tinta will be joining Lord Carnwath, UK Supreme Court, and a stellar line-up of speakers at the upcoming conference “Environmental Dispute Resolution and Small States", 6-7 September 2018. The event is organised by Wilmer Cutler Pickering Hale and Dorr LLP and the Centre for Small States, Queen Mary University of London. The conference will explore the opportunities and challenges of resolving environmental disputes with and within Small States, in relation to a range of...
Fri, 23/3/2018
In this Bulletin, Lawrence Akka QC and Henry Byam-Cook discuss Bitcoin as a currency or medium of exchange in trade. Recent headlines abound with stories about Bitcoin and other cryptocurrencies. These have been prompted to a large extent by their extreme volatility over the past 18 months. Further, because those stories are principally focused on people and institutions who are trading Bitcoin, a great deal of legal analysis has focused on legal mechanisms for how they can be recovered if...
Thu, 22/3/2018
The International Tribunal for the Law of the Sea (ITLOS) have asked Sir Michael Wood and Penelope Nevill to attend an invitation only roundtable discussion on the topic “Proceedings available before the International Tribunal for the Law of the Sea in cases involving the arrest and detention of vessels” in Hamburg on 28 March 2018. ITLOS President Jin-Hyun Paik, Tribunal Registrar Philippe Gautier, Deputy Registrar Ximena Hinrichs Oyarce and Diter Schwampe of...
Wed, 21/3/2018
Malcolm Holmes QC has written this third 20 Essex Street Bulletin on the use of a fused process involving both arbitration and mediation to resolve an international commercial dispute that has been referred to arbitration. This note considers the possibility of a fused process being used under the 2017 ICC Arbitration Rules, the DIS Arbitration Rules and the ACICA Arbitration Rules.