English law continues to be one of the most frequently adopted choices of law for international contracts across the world. Likewise, the court service in England, and in London in particular, maintains its reputation worldwide as a destination for international litigation. This article sets out ten key considerations for any person or business considering litigating commercial and corporate disputes in London.
Learn about a 2022 Supreme Court decision that curtails discovery significantly in international arbitration cases.
Learn about the importance of liquidators in Hong Kong and recent increased scrutiny of them in their courts.
Learn about the FTC's priorities under FTC Chair Lina Khan, who has a more expansive view of antitrust enforcement.
The assignment of arbitral claims and arbitral awards is a fast-growing market practice. When entering into agreements for such assignments, it is crucial to ensure that they comply with all the applicable legal requirements. In this context, the assignee should carefully assess the risks that may arise out of the award debtor's rights pursuant to the provisions of the law applicable at the seat of arbitration and/or at the place(s) of enforcement of the award. Under French law there is a specific mechanism called the right of "retrait litigieux" ("disputed withdrawal"). In accordance with this singular legal mechanism, which is designed as a tool to fight against speculation, when a disputed claim is assigned to a third party in the course of any judicial or arbitral proceedings, the debtor is entitled to discharge its debt by paying the assignee the actual price of the assignment, plus interest and costs, instead of the full amount of the original debt (article 1699 of the French Civil Code ). As has been seen in the FG Hemisphere v Democratic Republic of the Congo saga, the conditions and requirements for exercising the right of retrait litigieux in the context of assignment of arbitral claims or arbitral awards are uncertain under French law.
A sample template of an internal preservation notice memorandum relating to litigation or investigation.
Learn about key regulatory developments and perspectives regarding Autonomous Vehicles (AV) in the world.
Learn about key procedures for the recognition and enforcement of judgments and arbitral awards in Southeast Asia, including Singapore, Indonesia, Malaysia, the Philippines, Thailand, and Vietnam.
Learn about the 2022 Arbitration and Mediation Bill and what it means for third party funding in arbitration claims in Nigeria.
Learn about the latest clarifications and remaining questions to the Department of Justice's changes of its corporate enforcement policies, first outlined in October 2021.