Commercial Litigation Podcast Series – Episode 37: Special Edition – Force Majeure

Over a series of short articles, I intend to examine ways in which legal advisers in the field of trusts and tax can methodically minimise risk in the way that they advise.

This comprehensive guide examines the procedural framework of LCIA arbitration from commencement through enforcement, analyzing strategic decisions at each stage including tribunal formation, document production, interim relief mechanisms, and cost allocation.

Meta has agreed to pay up to $18 billion over 10 years to settle claims by 52 US state and territory attorneys general in the largest state consumer-protection settlement in American history outside tobacco. The settlement imposes binding child-safety obligations including time limits and age assurance, but leaves the core algorithmic feed unchanged and raises questions about whether this represents genuine accountability or a commercially managed outcome.

That has changed and since 31 July 2020, it has been possible to raise group proceedings (also known as class or mass actions) in Scotland. This means that two or more people with the same...

A High Court ruling examines a contentious dispute between a video game developer and publisher over milestone-based funding and "step in" rights for the first-person shooter Six Days in Fallujah. With over $50 million in development costs at stake and allegations of conspiracy to acquire proprietary source code, the court declined to grant either party interim control of the game's development, leaving both sides without the "keys to the kingdom" pending a full trial.

The Civil Justice Council has released its Final Report on AI use in court documents, proposing 15 recommendations that balance innovation with integrity in civil litigation. The report introduces differentiated disclosure requirements for witnesses versus experts, while maintaining existing professional duties for legal representatives in written advocacy.

A split-second decision can change lives forever. In one-punch manslaughter cases, a single impulsive blow, perhaps thrown in anger, fear or misguided bravado, leads to a tragic death. These ‘death by a single punch’ incidents are more common in the UK than many realise. Dozens of families every year are left devastated, with one family grieving an unimaginable loss, and another family shocked and fearful as their loved one faces a homicide investigation for an outcome no one intended. It’s a tragic reality, one moment of anger, one fatal assault involving a single blow, and two lives (and families) ruined.

The decision makes it very clear that the consequences for lawyers who breach their professional obligations by misusing AI are likely to be serious.

This edition focuses on rulings issued between February 16, 2018, and June 15, 2018.

The Commercial Court ruled on a USD 29 million dispute over an LNG carrier charterparty's index-linked pricing formula, determining whether the "JKM-TTF spread" operated bidirectionally or only when JKM exceeded TTF. The decision examines how unprecedented market conditions—where European gas prices surged above Asian prices due to the Ukraine war—tested the contractual formula's application and whether rectification could remedy an alleged drafting oversight.

As a result of operational constraints related to the enhanced social media vetting of H-1B and H-4 visa applicants that will go into effect on December 15, 2025, U.S. consulates in India have begun automatically...

President Trump issued an executive order implementing the Graham Act, which establishes substantial new tariffs on Russian goods and countries purchasing Russian energy, but simultaneously waives their application. The order creates a monitoring framework that leaves open the possibility of future enforcement while maintaining existing Russia sanctions regimes.

On January 12, 2026, President Trump announced via Truth Social: "[e]ffective immediately, any Country doing business with the Islamic Republic of Iran will pay...

On September 18, 2026, President Donald Trump signed into law the Lindsey O. Graham Sanctioning Russia and Iran Act of 2026 (Act), a significant package of sanctions, trade restrictions and related measures...

The US Department of the Treasury’s Office of Foreign Assets Control (OFAC) today issued Russia-related General License 135 (GL 135), “Authorizing Transactions Related to the Sale, Delivery...

The U.S. Department of Homeland Security published a final rule that will shift the H-1B cap registration selection process from a random lottery to a weighted selection process...

China has a VAT rebate system that reduces the 13% domestic value-added tax (VAT) on certain exported goods.

On August 25, 2026, the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) published a proposed rule that would impose a $103,265 fee on all cap-subject H-1B petitions.

Last month, the Securities and Exchange Commission (SEC) issued an order granting a five-year exemption from registration as a national securities exchange under the Securities Exchange Act of 1934...

The U.S. Treasury's Office of Foreign Assets Control has implemented sweeping changes to Cuba sanctions, establishing a new regulatory framework that targets foreign persons and financial institutions while significantly restricting previously authorized activities. These measures create potential sanctions exposure for non-U.S. businesses and banks conducting Cuba-related transactions, fundamentally altering the compliance landscape for international financial intermediaries.