Happy New Year, Happy New Rules7 January 2021
This article considers updates to the ICC arbitration rules which came into force on 1 January 2021, including provisions on consolidation and joinder, and the use of remote hearings.
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When a right to possession is ten tenths of the law: the decision in Scipion v Vallis1 July 2020
In this article we consider a recent decision in the English High Court which held that substantial damages are recoverable based on the infringement of a bailor’s right to possession of property.
Caveat Lender: Bankruptcy Considerations for Shipping Lenders1 July 2020
The impact of the COVID-19 pandemic is pushing both US and foreign borrowers to consider US bankruptcy options. This article explores what lenders need to know about US Bankruptcy Code to protect their investment.
Taking evidence for a foreign seated arbitration: as easy as A, B, C?20 May 2020
In this article we discuss the English Court of Appeal’s recent decision in A & B v C, D & E (2020), concerning the court’s power to make an order for the taking of evidence by way of deposition from a non-party witness in aid of a foreign arbitration.
Cancellation, notices and the prevention principle in shipbuilding contracts30 April 2020
In a judgment handed down today, WFW acted for the successful party on an appeal to the English Commercial Court on key questions concerning SAJ Form shipbuilding contracts (SBCs). This article explores the judgment.
Suspension of courts’ operations in Greece22 April 2020
This article discusses developments on the Courts’ operation in Greece, after the suspension of all judicial activities since March, due to the COVID-19 emergency measures.
Court of Appeal upholds exception to “pay now, argue later” principle in adjudication enforcement15 April 2020
This briefing examines the English Court of Appeal’s decision in PBS Energo AS v Bester Generacion UK Limited, an important judgment on the approach to enforcement of adjudication awards.
Impact of Covid‑19 on Dispute Resolution in Germany8 April 2020
The global spread of COVID-19 has a major impact on dispute resolution in Germany in relation to pre-litigation concerns and dispute prevention, as well as the practicality of conducting disputes in front of state courts and arbitral tribunals.
Construction operations or non-construction operations? That is the question2 April 2020
In this article we discuss a recent decision on payment notices issued in relation to construction contracts which do not distinguish between construction and non-construction operations.
COVID 19 – What should we do now?26 March 2020
We have formed a dedicated team to assist our clients worldwide to deal with any and all challenges faced by businesses affected by the government lockdowns.
Check your (legal advice) privilege16 March 2020
The English Court of Appeal has recently revisited the thorny issue of Legal Advice Privilege, providing some much-needed clarification on when it will apply, particularly in the context of communications sent to multiple addressees.
GA guarantees and GA bonds – spot the difference12 March 2020
The English High Court recently handed down a helpful judgment that confirms the longstanding market view on the use of bonds and guarantees issued following a declaration of General Average (GA).
