Spotlight on
Steady as she goes: The Law Commission's Final Report on its review of the Arbitration Act 1996
Following the publication of the Law Commission's final report on its review of the Arbitration Act 1996, Duncan Bagshaw and Ajay Fournillier explain the approach taken by the Commission and the recommendations that have been made.
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Legal updates and insights
The Court's decision in Pantheon: Serving outside the jurisdiction without the court's permission in contractual claims
Krisha Jethani considers the significance of the High Court judgment Pantheon, the first judgment on the Civil Procedure Rules' new jurisdictional gateway.
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Court of Appeal upholds summary dismissal of jurisdictional challenge to USD $2.4bn damages award
The English Court of Appeal has held that it had no jurisdiction to grant permission to appeal under section 67 of the Arbitration Act 1996 without permission from the trial judge. Rebecca Wyke and Heba Ahmad look at the decision in more detail.
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Where now for victims of APP fraud: the Supreme Court's decision in Philipp
The much-anticipated Supreme Court judgment in Phillip reversed the Court of Appeal's extension of the Quincecare duty. In her article, Robyn Watson considers the rationale of the decision and where it leaves victims of APP fraud.
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Insolvency Corner
Re Avanti Communications Limited - A question of control
The determination as to whether a secured creditor holds fixed or floating charge security is of vital importance in the event of insolvency. Vernon Dennis and Josh Page look at the nuanced approach taken by the English courts in Re Avanti.
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Unpacking retail insolvency statistics
Recent statistics from the Insolvency Service confirm that corporate insolvencies in the retail sector have surged by 56% in the past year. Rebecca Stratton considers the key takeaways from the statistics and looks behind the numbers at recent high profile retail insolvencies.
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Birmingham City Council follows other local authorities in declaring 'bankruptcy'
Rebecca Wyke provides an update on the financial strain affecting local authorities in the UK and the recent spate of councils declaring financial distress.
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News from the Bridge
Meet the Commercial Dispute Resolution team's new partners!
We are delighted to welcome Rebecca Hume and Nikki Edwards, who joined the firm as partners in June and September respectively.
Rebecca represents clients in legally complex commercial disputes. These typically involve cross-border creditor-debtor disputes, international fraud and asset recovery as well as international judgment and award enforcement. She has significant expertise in the use of contentious insolvency and receiverships to unlock value for insolvent estates and monetise claims. Her assignments often involve complex hedge funds and private equity structures.
Nikki advises clients on complex and multijurisdictional commercial disputes. She boasts a significant track record assisting with financial and corporate matters, including shareholder and company disputes, fraud and contractual disputes. She also regularly advises on contentious matters related to negligence, insurance and enforcing foreign judgments, in addition to being an accredited mediator.
Rebecca and Nikki's arrival brings the total number of Commercial Disputes partners to 11 and marks the eighth partner hire into the wider Dispute Resolution team in the last two years.
WEBINAR: Drafting your arbitration clause in international contracts: Cross-perspectives from London, Paris and Tel-Aviv
Wednesday 11 October | 9am BST
Head of International Arbitration, Duncan Bagshaw, joins arbitration specialists from Paris and Tel-Aviv to discuss how to draft an arbitration clause in international contracts. The session will cover:
- Choosing the seat of arbitration
- Opting in or out of expedited proceedings
- Points of interest during the conduct of arbitration proceedings
- How to survive an international arbitration proceeding, and more.
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