Spotlight On...

The UK Supreme Court Clarifies State Immunity in ICSID Award Enforcement

In a joint appeal looking at state immunity in the context of the recognition and enforcement of arbitral awards under the International Centre for Settlement of Investment Disputes Convention, the Supreme Court unanimously concluded that by ratifying the ICSID Convention, contracting states waived state immunity. 

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Legal Updates and Insights 

Transnational Issue Estoppel and Enforcement of Foreign Awards

A recent Indian Supreme Court decision has generated significant interest among international arbitration practitioners and stakeholders in India’s commercial landscape. Notably, this is the first instance in which an Indian court has applied the doctrine of transnational issue estoppel in proceedings relating to the enforcement of foreign arbitral awards.

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HMRC Expands Use of AI-led Fraud Detection, Increasing Personal Claims Against Ex-Directors 

HMRC’s expanding use of AI driven enforcement and joint and Several Liability Notices is exposing former directors to significant personal tax liabilities long after restructurings, raising concerns about fairness and the effect on business risk taking.

 read crispin and THOMAS' insights 

The Enhanced Games on Metaphorical Trial: Is the Risk Worth it For Partners?

City AM  recently published this article by Rufus Scholefield analysing the controversial “Enhanced Games”. The article examines the legal, ethical and reputational risks for commercial partners considering involvement in a competition that challenges the foundations of modern sport.

READ RUFUS' ANALYSIS 

News from the Bridge

LIDW Emergency Arbitration Panel

The team was pleased to co-host a recent London International Disputes Week (LIDW) panel discussion: International Perspectives on Emergency Arbitration: Emergency Arbitrators, Remedies and the English Arbitration Act 2025.

Alongside co-host One Essex Court the team contributed practical insights on and international perspectives on emergency arbitration, examining the growing use of emergency arbitrator procedures and the implications of the English Arbitration Act 2025. 

If you have any questions on this topic, please contact us.

Insolvency Corner

Waldorf's Second Bite at the Cherry: Take Aways From Re Waldorf Production UK Plc's Latest Sanction Hearing

The High Court’s decision in Waldorf is one of the first contested sanction hearings since the high-profile trio of decisions in Thames Water, Adler and Petrofac, and the first example of the Court using its cross-class cram down powers against HMRC since those decisions. 

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And now for something completely different ... 

In a recent case that reads more Black Mirror than Chancery Division, the High Court rejected the evidence of a claimant found to be getting help during cross‑examination, courtesy of smart glasses linked to his phone. Suspicious pauses, mysterious electronic noises and a disembodied voice (from a contact saved as "abra kadabra") unravelled the illusion and left the judge unimpressed by explanations provided. The result: a wholesale rejection of the evidence, with a clear warning that in an age of wearable tech, the age-old requirement remains - your evidence must still be your own.