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  • Article

    Enka V Chubb: Recent UK Supreme Court Decision Might Require Parties To Consider Adding Additional Language To International Arbitration Clauses Where London Is The Seat Of Arbitration

    The UK Supreme Court has issued a decision clarifying how English law will determine the governing law of an arbitration clause in an international contract.
    United KingdomLitigation, Mediation & Arbitration
    Volterra Fietta
    Volterra Fietta
  • Article

    Does The Sun Still Shine On Solar Power In France? The Proposed Amendment To France's Solar Feed-In Tariffs And The Rights Of Solar Investors

    On 13 November 2020, the French National Assembly adopted an amendment (the "Amendment" or the "Proposed Measure") which, if approved by the Senate and passed into...
    FranceGovernment, Public Sector
    Volterra Fietta
    Volterra Fietta
  • Article

    An UNCLOS Annex VII Tribunal Upheld The Immunity Of The Italian Marines But Found Italy Itself Liable For The Unlawful Killing Of Two Indian Fishermen

    On 15 February 2012, the M.V. Enrica Lexie, a commercial oil tanker flying the Italian flag, was transiting in international waters approximately 20.5 nautical miles off the coast of India.
    United KingdomLitigation, Mediation & Arbitration
    Volterra Fietta
    Volterra Fietta
  • Article

    Increased Control Of Foreign Investment In Response To COVID-19

    Foreign investors should, in the early planning stages of their investments, carefully assess risks resulting from these regulations.
    United KingdomGovernment, Public Sector
    Volterra Fietta
    Volterra Fietta
  • Article

    Formation Of A New Arab-African Council Signals The Deepening Of Regional Cooperation Over Waterways

    On 6 January 2020, the Council of Arab and African States Bordering the Red Sea and the Gulf of Aden (the "Council") was created as a mechanism for improving the security of regional waterways
    WorldwideTransport
    Volterra Fietta
    Volterra Fietta
  • Article

    The Enforceability Of Conditional Fee Agreements: Diag Human v Volterra Fietta [2022] EWHC 2054 (QB)

    The High Court (the "Court") has upheld a decision finding that a law firm which charged its client nearly $3m under an unenforceable conditional fee agreement ("CFA") has to repay the money to the client.
    United KingdomLitigation, Mediation & Arbitration
    Debevoise & Plimpton
    Debevoise & Plimpton
  • Article

    Canadian Courts Assert Jurisdiction Over Allegations Against Canadian Mining Company For Alleged Complicity In Modern Slavery And Human Rights Abuses In Eritrea

    On 28 February 2020, a majority of the Supreme Court of Canada (the "SCC") ruled in Nevsun Resources Ltd. v. Araya, [2020] SCC 5 that Canadian courts have jurisdiction over modern slavery claims
    CanadaGovernment, Public Sector
    Volterra Fietta
    Volterra Fietta
  • Article

    UK In The Market For New Trade Deals: Potential New Benefits For States And Investors

    The United Kingdom ("UK") is in the market for trade deals, with potential new benefits for a number of States and both inbound and outbound investors.
    United KingdomInternational Law
    Volterra Fietta
    Volterra Fietta
  • Article

    A New Era Of Trade And Investment Between The EU And Vietnam

    The EU-Vietnam Free Trade Agreement and the EU-Vietnam Investment Protection Agreement will usher in a new wave of trade between the EU and Vietnam and foster new opportunities for foreign...
    WorldwideInternational Law
    Volterra Fietta
    Volterra Fietta
  • Article

    Client Alert: European Commission Starts State Aid Investigation Into Belgium's Power Capacity Mechanism – How Could This Affect The UK?

    On 4 April 2019, the Belgian Parliament approved a bill setting out a national capacity mechanism aimed at safeguarding the security of electricity supply in Belgium.
    European UnionEnergy and Natural Resources
    Volterra Fietta
    Volterra Fietta
  • Article

    African Continental Free Trade Area: A New Hope For Continental Integration

    On 21 March 2018, the Agreement Establishing the African Continental Free Trade Area (the "Agreement") was signed by 44 of the 55 member States...
    WorldwideInternational Law
    Volterra Fietta
    Volterra Fietta
  • Article

    Increased Business And Human Rights Risks And Regulations For Companies Operating In The Netherlands

    On 18 September 2020, the Dutch Socio-Economic Council recommended that the Netherlands enact a mandatory human rights due diligence.
    NetherlandsCorporate/Commercial Law
    Volterra Fietta
    Volterra Fietta
  • Article

    What Are The Implications Of The COVID-19 Pandemic For States And Investors Under The Energy Charter Treaty

    The COVID-19 pandemic poses immense challenges for States, their citizens and businesses alike.
    United KingdomCoronavirus (COVID-19)
    Volterra Fietta
    Volterra Fietta
  • Article

    New Investment Law In Ukraine

    On 17 December 2020 the Ukrainian Parliament adopted the draft law No. 3760 On State Support for Investment Projects with Significant Investments in Ukraine (the "Law")...
    UkraineGovernment, Public Sector
    Volterra Fietta
    Volterra Fietta
  • Article

    Extraordinary Measures In Extraordinary Times: How Can States And Investors Learn From The Lessons Of The 2008 Global Financial Crisis?

    The COVID-19 pandemic crisis and its economic impact on business more broadly bears certain similarities with the 2008 global financial crisis and the measures taken by States to address its aftermath
    WorldwideCoronavirus (COVID-19)
    Volterra Fietta
    Volterra Fietta
  • Article

    Third Party Funding For English-seated Arbitration: Do The English DBA Regulations Apply?

    The decision only affects third party funders, as it was always clear that DBAs issued by law firms were within the scope of the legislation.
    United KingdomLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Severance Denied: Diag Human v Volterra Fietta [2023] EWCA Civ 1107; A Potential Public Policy Warning For Litigation Funders

    The Court of Appeal has held that the severance of terms rendering a CFA unenforceable was not available to solicitors on public policy grounds and that consequently their clients...
    United KingdomLitigation, Mediation & Arbitration
    Gatehouse Chambers
    Gatehouse Chambers
  • Article

    Litigation Funding: A New Era?

    The Supreme Court of the United Kingdom's (Supreme Court) ruling in R (on the application of PACCAR Inc and others) (Appellants) v Competition Appeal Tribunal and others (Respondents) [2023] UKSC 28...
    United StatesLitigation, Mediation & Arbitration
    K&L Gates
    K&L Gates
  • Article

    The Weekly Roundup: The August Edition

    Everyone seems to be on holiday. This is of course cheery news for travel practitioners, who depend on people taking holidays as the foundation for our work, and who are, therefore...
    United KingdomLitigation, Mediation & Arbitration
    1 Chancery Lane
    1 Chancery Lane
  • Article

    Litigation Funding Agreement May Be Enforceable In Part Despite Paccar Decision: High Court Finds There Is "Serious Issue To Be Tried"

    In what appears to be the first decision to consider the implications of the Supreme Court's judgment in Paccar Inc v Road Haulage Association Ltd [2023] UKSC 28 (considered in our previous blog post)...
    United KingdomLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP

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