In February 2024, the International Bar Association (IBA) published the 2024 edition of its Guidelines on Conflicts of Interest in International Arbitration.
Latest Articles
Court Proceedings Stayed in Favour of Arbitration to Which Respondents Were Not Party
In NTT Limited & Others v. Goodall,[1] the Commercial Court of England and Wales stayed litigation proceedings in favour of arbitration proceedings that would involve only three of the seven claimants. The case is a good example of the breadth of the courts’ discretion in such matters.
Law Commission Consultation –Digital Assets and Electronic Trade Documents in Private International Law: Which Court, Which Law?
The Law Commission of England and Wales has, for the last four years, been heavily focussed on addressing the legal issues that arise in the context of emerging technologies.[1] It has now started work on a new project to examine and clarify how existing private international law does and should apply to emerging technologies – specifically, digital assets and electronic trade documents. It has issued a call for evidence from stakeholders, with responses to be submitted by 16 May 2024.
Online Safety Act Update: Ofcom Proposes Categorisation Thresholds
On 25 March 2024, the UK Office of Communications (Ofcom) published its research and advice to the Secretary of State (SoS) on the threshold conditions that it considers appropriate to determine whether a service falls into Category 1, 2A or 2B under the Online Safety Act (OSA). Category 1 and 2B apply to user-to-user services, whereas Category 2A applies to search services. This advice forms part of Ofcom’s phased approach to implementing its codes and guidance for categorised services under the OSA.
Court of Appeal Considers Incorporation of Terms Into Online Contracts
In Parker-Grennan v. Camelot UK Lotteries Limited, the Court of Appeal considered, for the first time, what needs to be done to incorporate standard terms for goods or services into a contract which is made online.
Consultation on Increased Public Access to Documents in Civil Proceedings
The Civil Procedure Rules Committee is consulting on a proposed draft amendment to Civil Procedure Rule (CPR) 5.4, which would allow significantly increased public access to documents with potentially far-reaching impacts.
Litigation Funding Agreements: Developments Since PACCAR
Litigation funding agreements have been very much in the spotlight since the decision in R (on the application of PACCAR Inc and others) v. Competition Appeal Tribunal and others,[1] in which the Supreme Court of the United Kingdom found that a funding agreement that provided for the funder’s remuneration to be calculated as a percentage of any damages recovered was an unenforceable damages-based agreement (DBA). Given the prevalence of such funding agreements, the judgment was a significant cause for concern.
Court Strikes Out Claim Served by Email but Suggests Service Rules Should Be Reviewed
In Chehaib v. King’s College Hospital NHS Foundation,[1] the High Court of England and Wales dismissed the claimant’s application for relief in respect of a claim form that had expired, having been ineffectively served via email without permission. While the master found she was bound by the Civil Procedure Rules (CPR) and case law to dismiss the application for relief, she suggested that it might be time to review the rules on service of proceedings to allow for service via email without the need for permission.
Law Commission Consults on Draft Legislation Relating to Digital Assets
Following the publication of its final report on digital assets last year, on 22 February 2024, the Law Commission of England and Wales launched a consultation on draft legislation confirming the existence of a ‘third category’ of personal property. The intended effect of the new legislation would be to provide confirmation that digital assets, including crypto-tokens, are capable of being recognised by the law as property.
UK Court of Appeal Orders Mandatory Final Anti-Suit Injunction in Foreign-Seated Arbitration
In its recent judgment in UniCredit Bank GmbH v. RusChemAlliance LLC,[1] the Court of Appeal granted a mandatory final anti-suit injunction in support of a French-seated arbitration regarding proceedings brought by the RusChemAlliance (RCA) before Russian courts.