Disputes Yearbook 2015

Introduction Leader: A challenging time for disputes teams in a polarised market Economic recovery will not lead to decline in the disputes sector Opening Statements The specialist court the City needs Legal privilege: the ripples flow on still from Three Rivers Features Undisputed – the next generation of partners setting the disputes agenda Calling time …

DealWatch Corporate activity in October

  MAGIC CIRCLE DUO SERVE UP QUORN DEAL Linklaters and Allen & Overy (A&O) took lead roles as the private equity owners of meat-substitute Quorn disposed of the business to a Filipino noodle maker. Linklaters advised Monde Nissin, which bought Quorn for £550m, while Quorn’s owners Exponent Private Equity and Intermediate Capital Group were advised …

Fine wine and classic cars don’t necessarily make vintage investments

Chris Cole at Towry advises on financial planning. Knowing where to invest your money can be a challenge, especially if you don’t have the time to be on top of what’s happening in the financial markets. It can therefore be tempting to invest your savings in areas where you have a keen interest, in things like wine, art, classic cars …

Jasbir Dhillon QC: Freezing injunctions and receivership in support of arbitration

Jasbir Dhillon QC Brick Court Chambers A frequently encountered problem for any claimant in international arbitration arises where the respondent seeks to make enforcement of any arbitral award against their assets difficult or impossible. In this article, I describe two forms of injunction available from the English court that provide an effective remedy for this …

Mishcon de Reya: The dangers of repeat appointments

Karel Daele Partner, Mishcon de Reya karel.daele@mishcon.com The issue of repeat appointments has been news in International Centre for Settlement of Investment Disputes (ICSID) cases in recent times, but what’s the concern? The independence of the arbitrator is one of the cornerstones of arbitration. An independent arbitrator is one who has no close relationship with …

Travers Smith: CPR 36: time for a re-boot?

Jan-Jaap Baer Partner, Travers Smith Emma Reynolds Associate, Travers Smith In April this year, CPR 36 underwent the latest in a series of amendments. These amendments did not amount to a root-and-branch overhaul of the regime but rather to a reorganisation and codification of existing principles, largely designed to address issues which have been thrown …

Signature Litigation: Policing arbitration – can accountability deficit be addressed?

Natalia Chumak Partner, Signature Litigation natalia.chumak@signaturelitigation.com Nick Storrs Senior associate, Signature Litigation nick.storrs@signaturelitigation.com Over recent decades, arbitration for dispute resolution has become increasingly popular. Commercial parties are becoming far more amenable to resolving their differences by private means rather than through national court systems, which can be more costly and time-intensive. There is, of course, …

Signature Litigation: Legal privilege: far from resolved

Abdulali Jiwaji Partner, Signature Litigation abdulali.jiwaji@signaturelitigation.com Daniel Hayward-Hughes Associate, Signature Litigation daniel.hayward-hughes@signaturelitigation.com The right of clients to preserve the confidentiality in advice provided by their lawyer is fundamental to English common law. Other common law jurisdictions such as Australia, New Zealand, Singapore and Hong Kong have all gone one step further than England by entrenching …

Quinn Emanuel Urquhart & Sullivan: Party-appointed arbitrators, impartiality and a perceived need for change

Anthony Sinclair Partner, Quinn Emanuel Urquhart & Sullivan anthonysinclair@quinnemanuel.com It is an old adage that the quality of any arbitration as a method of dispute resolution is only as good as the arbitrators themselves. The lack of substantial scrutiny over the arbitrators’ decision rests on the assumption that the parties wish to avoid any extensive …

Harneys: British Virgin Islands positioned to become an international arbitration centre

Phillip Kite Global head of litigation and insolvency, Harneys phillip.kite@harneys.com The British Virgin Islands’ (BVI) Arbitration Act 2013 came into force on 1 October 2014. It is a landmark piece of legislation which is expected to propel alternative dispute resolution in the BVI into high gear. The BVI is now well-positioned to become a leading …