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  • Article

    UK Court Of Appeal Overturns Judgment In Latest Italian Swaps Decision Concerning Corporate Capacity

    In December 2023, the England & Wales Court of Appeal unanimously overturned the high-profile ruling handed down by the Commercial Court in October 2022...
    United KingdomLitigation, Mediation & Arbitration
    Mayer Brown
    Mayer Brown
  • Article

    English Court Of Appeal Confirms New York Convention Ratification Does Not Waive State Immunity In Enforcement Proceedings

    The English Court of Appeal has ruled that a state's ratification of the New York Convention does not constitute a waiver of sovereign immunity in enforcement proceedings. Does this decision create obstacles for investors seeking to enforce arbitral awards against states, and what strategies should parties employ when contracting with state entities?
    Global
International Law
Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
  • Article

    English Courts Reject Spain's Challenge To Enforcement Of An ICSID Award, Asserting Primacy Of UK Law In The Context Of Intra-EU Claims Under The Energy Charter Treaty

    The arbitrability of intra-EU disputes under the Energy Charter Treaty (ECT) has been a vexed issue in recent years, particularly following EU court decisions which have cast doubt on the compatibility with EU law...
    United KingdomLitigation, Mediation & Arbitration
    Norton Rose Fulbright
    Norton Rose Fulbright
  • Article

    The Yukos Enforcement Saga In The US Courts: D.C. Federal Appeals Court Directs Lower Court To Decide Question Of Issue Estoppel

    The court affirmed that district courts must assess the existence of an arbitration agreement under the FSIA, while issues of scope were typically for the tribunal...
    GlobalLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Three Part Series: UK Freezing Orders Against A Foreign State, Part Two

    First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement.
    United KingdomLitigation, Mediation & Arbitration
    Steptoe LLP
    Steptoe LLP
  • Article

    UK Supreme Court Holds That Foreign States Carrying Out Spyware And Hacking Operations Are Not Entitled To State Immunity From TORT Claims

    The UK Supreme Court's narrow 3-2 decision in The Kingdom of Bahrain v Shehabi denies state immunity to foreign governments accused of remotely hacking individuals within UK territory, establishing that cyber surveillance operations causing harm to UK residents fall outside traditional immunity protections. This landmark ruling clarifies the territorial tort exception under the State Immunity Act 1978 and may expose foreign states to liability for state-sponsored cyberattacks targeting UK-based individuals
    United KingdomInternational Law
    WilmerHale
    WilmerHale
  • Article

    The Development Of European Captive Domiciles

    United KingdomEnvironment
    Willis Corroon
    Willis Corroon
  • Article

    UK Bill On The Seizure Of Russian State Assets In Support Of Ukraine: An Opportunity (Not) To Be Missed?

    Abstract: This article discusses the Bill on the Seizure of Russian State Assets in Support of Ukraine, which aims to provide the UK government with investigative powers over Russian...
    United KingdomLitigation, Mediation & Arbitration
    Queritius
    Queritius
  • Article

    Willis "Bullish" Over SA Captives

    United KingdomEnvironment
    Willis Corroon
    Willis Corroon
  • Article

    UK Tax Round Up

    Welcome to July's edition of the UK Tax Round Up. This month has seen an interesting decision of the First-tier Tribunal on the salaried member rules as they apply to asset manager LLPs,
    United KingdomTax
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Domicile Update - Malta - September 1996

    United KingdomEnvironment
    Willis Corroon
    Willis Corroon
  • Article

    The Future Of Bilateral Investment Treaty Arbitrations In The European Union

    The Contracting Parties to the Energy Charter Treaty (ECT) on June 24, 2022, announced their agreement in principle on the modernization of the ECT.
    GlobalLitigation, Mediation & Arbitration
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    The Right Image? Does The UK Need A Stand Alone Image Right For The New Millennium?

    In this article Ben Challis examines current developments in the United Kingdom which could be used to support the concept of a coherent stand alone ‘image right’ for celebrities. But Ben asks whether it is time for legislation to govern an area of such of obvious economic importance.
    United KingdomIntellectual Property
    Ben Challis
    Ben Challis
  • Article

    State Immunity And ICSID Awards: The UK Supreme Court Joins International Consensus On Enforcement

    On 4 March 2026, the Supreme Court of the United Kingdom (the "Supreme Court") held in Kingdom of Spain v Infrastructure Services Luxembourg S.À.R.L. and Republic of Zimbabwe v Border Timbers Ltd that Spain...
    GlobalLitigation, Mediation & Arbitration
    Aceris Law
    Aceris Law
  • Article

    Disputes With States

    In this increasingly globalised and, in some ways, borderless world, an increasing amount of trade is done with sovereign governments, otherwise known as states or countries.
    United KingdomLitigation, Mediation & Arbitration
    W Legal
    W Legal
  • Article

    Thinkhouse - TUPE Public Sector Webinar - July 2023 (Video)

    This webinar focuses on the TUPE and Pensions issues in the lifecycle of a public sector outsourcing deal. It is suitable for all involved in these deals, whether in the public sector or as a contractor.
    United KingdomEmployment and HR
    Gowling WLG
    Gowling WLG
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