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News Archive

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.
Wed, 14/3/2018
Cybersecurity protection in the United Kingdom will be composed of a patchwork of overlapping statutes and European Union regulations in the form of the Data Protection Act 1998 (“DPA”), the General Data Protection Regulation (679/2016/EU) (due to come into force on 25 May 2018, the “GDPR”) and the Network and Information Security Directive (2016/1148/EU) (due to be implemented by 9 May 2018, the “NIS Directive”). There is an issue around the role of the GDPR...
Wed, 7/3/2018
On 6 March 2018, Australia and Timor-Leste signed a treaty establishing their maritime boundaries in the Timor Sea. This historic treaty, concluded as the culmination of the first ever compulsory conciliation under Annex V of the United Nations Convention on the Law of the Sea (UNCLOS), was part of a Comprehensive Package Agreement between the Parties of 30 August 2017 which also included an "action plan" for engagement leading to a decision on the development of the Greater...
Fri, 2/3/2018
The Commercial Court has handed down judgment today in the latest of a series of cases (most recently The Bremen Max [2009] 1 Lloyd’s Rep 81 and The Zagora [2017] 1 Lloyd’s Rep 194) considering the construction and operation of the international P&I Clubs’ standard form for letters of indemnity for delivering cargo without the production of the original bills of lading. The case arises out of a chain of letters of indemnity issued in turn by Glencore to...
Fri, 2/3/2018
An independent investigation initiated by the United Kingdom’s Financial Conduct Authority into the Royal Bank of Scotland’s treatment of small and medium-sized enterprises was published in full in February 2018 by the UK Parliament. Commercial Dispute Resolution Magazine published an anlysis 28 February including expert opinion from Thomas Raphael QC.
Wed, 28/2/2018
Monica Feria-Tinta will be speaking at the "New opportunities for convergence in alternative dispute resolution" conference, organised by the United Nations UNCITRAL Regional Centre for Asia and the Pacific and THAC. She will be joining an esteemed line-up of speakers including Professor Philippe Sands QC (Matrix Chambers) and Mark Feldman (Associate Professor at Peking University), as a panelist on "Alternative Dispute Resolution and its use for the enforcement of...
Mon, 26/2/2018
26 February 2018 Professor Michael Bridge will be appointed QC Honoris Causa. This rare accolade is a fitting tribute to the outstanding contribution he has made in the field of commercial and international trade law.  Professor Bridge is a qualified barrister with a door tenancy at 20 Essex Street. He currently holds posts as Professor Emeritus at the London School of Economics, Professor of Law at the National University of Singapore, a Senior Research Fellow at Harris...
Fri, 23/2/2018
Chambers is deeply saddened to hear of the sudden passing of Professor David D Caron on 20 February 2018. Professor Caron was an esteemed academic, lawyer and arbitrator having served as C. William Maxeiner Distinguished Professor of Law at the University of California at Berkeley and the Dean and Professor of International Law of The Dickson Poon School of Law at King’s College London. He had a busy practice as an arbitrator, a role in which he was much sought after, and was also sitting...
Thu, 22/2/2018
Renewable energy operator RES UK and Ireland Limited, represented in the High Court in Belfast by Gordon Nardell QC, has succeeded in judicial review proceedings about its proposed 7-turbine wind farm at Barr Cregg, near Derry City. Gordon was called temporarily to the Bar of Northern Ireland to appear for RES, which challenged the dismissal of its appeal to the Planning Appeals Commission against refusal of planning permission by Derry City and Strabane District Council. RES brought judicial...
Wed, 21/2/2018
The Court of Appeal handed down judgment on 19 February 2018 in a case raising important questions relating to the law of marine insurance, and in particular to claims for constructive total loss.  The first issue was as to the meaning and proper effect of the requirement in s.62(3) of the Marine Insurance Act 1906 that an assured must serve notice of abandonment with reasonable diligence after receipt of reliable information of the loss. In upholding the Judgment of Knowles J, the Court...