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RPC | United Kingdom | 28 Nov 2023

Supreme Court rules on admissibility: Dicey, Cum/Ex and SKAT

The Supreme Court ruled that one of the largest fraud cases currently in the Commercial Court can proceed to trial commencing next April after finding that the claim is admissible in the English courts. The defendants had succeeded in persuading the first instance judge that the claimant, the Danish tax authority, was seeking to indirectly enforce Danish revenue or public law through the......
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United Kingdom | 14 Nov 2023

How-to guide: The legal framework for resolving disputes in England and Wales (UK)

This guide will assist in-house counsel and private practice lawyers to understand the dispute resolution framework in England and Wales and provides an overview of procedures both in and out of the formal court system.The guide is a high-level introductory overview for lawyers representing claimants or defendants seeking to resolve a dispute (with an emphasis on commercial disputes) in......
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Shepherd and Wedderburn LLP | United Kingdom | 8 Nov 2023

Commercial Court opens door to enforceability for litigation funders after PACCAR

In this article, we’ll explore how recent Commercial Court Case Therium Litigation Funding A IC v Bugsby Property LLC [2023] was impacted by the…
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Paul Hastings LLP | United Kingdom | 30 Oct 2023

PH arbitration speedread: English court sets aside multibillion-dollar award procured by fraud

In a significant decision, on 23 October 2023 the English Commercial Court (Knowles J) set aside a US$11 billion arbitration award obtained by a…
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RPC | United Kingdom | 17 Oct 2023

High Court refuses remote evidence permission for convicted contemnor

In the latest chapter of the long-running litigation between Deutsche Bank AG and Mr Alexander Vik, the Commercial Court has refused to permit Vik, a convicted contemnor, to give evidence remotely by video link. This was in circumstances where attendance for further examination was a condition of the committal order made against him being suspended.
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Herbert Smith Freehills LLP | United Kingdom | 8 Sep 2023

English Commercial Court refuses to issue anti-suit injunction for Paris arbitration in the case of SQD v QYP

In SQD v QYP [2023] EWHC 2145 (Comm), the English Commercial Court refused to issue an anti-suit injunction (ASI) and anti-enforcement injunction to…
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Stewarts | United Kingdom | 7 Sep 2023

Does SQD v QYP indicate the limits of how far the English courts will promote and police their pro-arbitration credentials?

Vive la déférence? A recent decision by the English Commercial Court may mark a line in the sand for how far the court will go in its approach to…
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HFW | United Kingdom | 30 Aug 2023

Insurers: Do you know what you know?

The Commercial Court has delivered a noteworthy decision which deals with, among other things, whether "knowledge" held by a claims team can also be…
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HFW | United Kingdom, USA | 17 Aug 2023

A warning to non-UK B2C businesses: UK Commercial Court refuses to enforce foreign arbitration award on public policy grounds

The UK Commercial Court has declined to enforce a foreign arbitration award on public policy grounds, ruling that the underlying business-to-consumer…
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Clifford Chance | United Kingdom | 10 Aug 2023

Right to challenge award waived where applicant continued arbitration without objection

In Radisson Hotels v Hayat Otel, the Commercial Court rejected a challenge to a partial award brought under section 68 of the Arbitration Act 1996 (the Act). Section 73 of the Act meant that the claimant was precluded from bringing a serious irregularity challenge, having failed to object during the arbitration once it became aware of the alleged irregularity.
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