Sponsored briefing: Surveillance capitalism

Sponsored briefing: Surveillance capitalism

Jane Colston discusses how the legal world is wrestling with technology regulation

As technology becomes increasingly sophisticated, making every aspect of our lives more streamlined and efficient, the legal world is wrestling with how best to regulate that technology in a way that does not stifle innovation but allows humans to understand and keep control of technology, and make sure it is applied in a way that takes into account human morals and ethics. Continue reading “Sponsored briefing: Surveillance capitalism”

Sponsored firm profile:
Simmons & Simmons

Sponsored firm profile: <br>Simmons & Simmons

You cannot control the outcome of tax litigation and, in the current political environment, judgments can be hard to predict. We focus on the elements we can control.

Our approach is intellectually rigorous, to ensure all potential technical arguments have been evaluated and managed so there are no surprises at trial. We investigate thoroughly, then focus on meticulous case preparation and strategic planning.
Continue reading “Sponsored firm profile:
Simmons & Simmons”

Sponsored briefing: Parties’ ability to agree on procedural aspects of a lawsuit under Brazilian law

Sponsored briefing: Parties’ ability to agree on procedural aspects of a lawsuit under Brazilian law

The team at Pinheiro Neto discuss Brazil’s civil procedure code

Brazil’s Civil Procedure Code (CPC), enacted in 1973, provided for a very few opportunities in which the litigating parties could agree on changes to procedural aspects of the case, eg the choice of forum (forum conveniens) and the conventional stay of the developments for a certain period. Continue reading “Sponsored briefing: Parties’ ability to agree on procedural aspects of a lawsuit under Brazilian law”

Sponsored briefing: Four tips for successful foreclosure in Ukraine

Sponsored briefing: Four tips for successful foreclosure in Ukraine

Following changes to legislation last year, Valentyn Gvozdiy makes recommendations to creditors

The major part of banking litigation relates to the disputes between financial institutions and borrowers, over unpaid debt and provided collaterals. To avoid spending years in litigation that eventually may lead to a negative result for the creditor, we recommend staying in line with the latest developments in this field and court practice. It should be noted that during 2019 numerous changes were introduced in Ukrainian legislation aimed at protection of creditors’ rights and interests from unfair debtors. Here are several recommendations for financial institutions before initiating any dispute with borrowers. Continue reading “Sponsored briefing: Four tips for successful foreclosure in Ukraine”

Sponsored briefing: Tax disputes – Beyond Brexit

Sponsored briefing: Tax disputes – Beyond Brexit

Nick Skerrett considers the tax disputes and areas of controversy we are likely to see in the aftermath of Brexit

Given the tensions and uncertainty of Brexit, tax will inevitably be a key area of disputes for UK businesses trading internationally and for foreign firms trading with the UK.
Continue reading “Sponsored briefing: Tax disputes – Beyond Brexit”

Sponsored briefing: IP litigation in Portugal – from the ’00s to the ’20s

Sponsored briefing: IP litigation in Portugal –  from the ’00s to the ’20s

António Magalhães Cardoso and Sara Nazaré discuss IP Court challenges

Going back to the 2000s, disputes arising from the enforcement of industrial property rights were to be tried before the Court of Commerce, which also handled matters relating to bankruptcy, and many other issues involving commercial companies’ legal disputes and issues. The Court of Commerce was completely overloaded with the work that the latter involved and all the cases involving industrial property rights, especially patents, in light of their complexity, were completely clogged. The situation was so critical that preliminary injunctions were being filed against the actual infringement of patent rights and the Court of Commerce was taking more than two years to serve the defendants. Continue reading “Sponsored briefing: IP litigation in Portugal – from the ’00s to the ’20s”

Sponsored briefing: Key trends in contentious construction

Sponsored briefing: Key trends in contentious construction

The team at Watson Farley & Williams discuss the latest developments in the sector

It has been a busy few years for the London contentious construction team at Watson Farley & Williams. Following the recruitment of specialist Rebecca Williams in 2015 and the relocation of former Bangkok partner Rob Fidoe in 2016, the team has gone from strength to strength, building on the capabilities of the firm’s leading non-contentious practice to make its mark in the construction market. The team, which was joined by construction hotel and leisure expert Barry Hembling in 2019, is now an award-winning practice, working for domestic and international clients operating across a range of sectors, and conducting groundbreaking litigation, which is shaping new law. This includes the landmark decision in PBS Energo AS v Bester Generacion UK Ltd [2019], where the English High Court refused to enforce an adjudication decision as there was a properly arguable defence that the decision had been obtained by fraud – the first occasion on which the court refused to order enforcement in such circumstances. Continue reading “Sponsored briefing: Key trends in contentious construction”

Sponsored firm profile: Int-Arb Arbitrators

Sponsored firm profile: Int-Arb Arbitrators

Int-Arb Arbitrators is a specialist set of international arbitrators and mediators based in London, which has been created to allow each member the freedom to operate without conflicts. Members of Int-Arb Arbitrators are completely independent, not attached to a law firm or barristers’ chambers and with a sole focus of sitting only as an arbitrator or mediator.

Each member is supported by an experienced team who all have legal management backgrounds. Our team know the arbitrators and mediators’ respective practice and areas of expertise, fully. This is complemented with an administrative and business support service provided to members which include diary and practice management, marketing and business development.

Int-Arb Arbitrators has a diverse list which allows an opportunity to provide both suitable and wide-ranging recommendations. The management team offers a bespoke and transparent service to those who approach us, when in search of an arbitrator or mediator. We talk through and have detailed conversations to understand the requirements of the dispute to suggest the most appropriate arbitrator or mediator.

Service delivery and attention to our clients is unparalleled and centred on excellence. We not only save time with your search but add value and comfort when making a choice of arbitrator or mediator.

Firm overview

Our members have expertise in complex investor state, corporate and commercial, construction and engineering, technology and telecommunications, banking and finance, transport, IP, M&A, insurance and re-insurance, mining, energy and oil and gas disputes.

Int-Arb Arbitrators members are internationally recognised and can accept chair, sole and party appointments. Experience covers substantial disputes under all of the key institutional rules including ICC, ICDR, LCIA, ISCID, SIAC, DIAC, HKIAC, CAS, SCC, KCAB, UNCITRAL, WIPO and ad hoc arbitrations in a variety of seats ranging from London, New York, Paris, Dubai, Singapore, Geneva, Hong Kong and in other regions across the US, Canada, Europe, Latin-America and the Caribbean.

Sam Carter, managing director
Int-Arb Arbitrators

Int-Arb Arbitrators members

David Cairns

Arbitrator

David Cairns is a leading international arbitrator based in Madrid and London. He joined Int-Arb Arbitrators after spending 20 years at international law firm, B Cremades y Asociados in Madrid, Spain.

Specialist areas include investor-state, construction and engineering, commercial and IP disputes. He has a particular region focus of Spain, Latin America and London.

He is fluent in Spanish and has extensive experience of both common and civil law approaches to disputes and arbitration.

Calvin Hamilton

Arbitrator

Calvin Hamilton is a seasoned arbitrator based in Barbados and London with 35 years of international arbitration experience, as counsel and arbitrator including his time as partner at two leading firms in Madrid. His region focus is the Caribbean, Latin America, London and the US.

Specialist areas include investor state, corporate and commercial disputes. He has a good cultural knowledge and understanding of common and civil law approaches.

He is fluent in Spanish, proficient in French and has working knowledge of Portuguese. He is a dual national of Guyana and Spain and admitted in New York and Madrid.

John Judge

Arbitrator

John Judge is an internationally-recognised arbitrator based in Toronto and London. He joined Int-Arb Arbitrators from 39 Essex Chambers in London having previously spent 25 years at Stikeman Elliott, in Toronto.

Specialist areas include construction, engineering and infrastructure, oil and gas, mining and investor state disputes, across the globe.

He has also sat on a wide range of commercial and corporate, banking and finance, investment, M&A, insurance and reinsurance, real estate, IT and telecommunications and transport disputes.

Janet Walker

Arbitrator

Janet Walker is an international arbitrator based in London, Toronto and Sydney who joins Int-Arb Arbitrators from Outer Temple Chambers, London.

Specialist areas include construction, heavy equipment, M&A, IP, environmental, finance, employment and shareholder disputes.

This combined with more than 20 years as a consultant and expert in a range of matters particularly those arbitration-related. She is fluent in English and has good written and oral comprehension of French and Spanish.

Jane Player

Mediator

Jane is a leading international mediator. Formerly a partner at King & Spalding, co-head of the international dispute resolution group and head of the London disputes team at Bird & Bird, and DLA Piper respectively.

Specialist areas include corporate and contractual claims, fraud and project disputes including pharmaceuticals, energy, technology, IP and media disputes.

She has a reputation for managing cross-cultural aspects of joint venture and international shareholder disputes including early neutral evaluation and expert determination. Fluent in French, Spanish and Italian to varying degrees.

 


OWEN LAWRENCE
Chief Executive
Owen.Lawrence@int-arb.com

Tel: +44 (0) 203 928 7272
DDI: +44 (0) 203 928 7288
Mob: +44 (0) 793 034 2588

SAM CARTER
Managing Director
Sam.Carter@int-arb.com

Tel: +44 (0) 203 928 7272
DDI: +44 (0) 203 928 7280
Mob: +44 (0) 791 719 1476

DEMI ROBINSON
Arbitrator Practice Assistant
Demi.Robinson@int-arb.com

Tel: +44 (0) 203 928 7272
DDI: +44 (0) 203 928 7281
Mob: +44 (0) 753 502 9639

Web: www.int-arbitrators.com
Email: arbitrators@int-arb.com

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Sponsored briefing: From Barings to Bitcoin, the forensic accounting market – past, present and future

Sponsored briefing: From Barings to Bitcoin, the forensic accounting market – past, present and future

Grant Thornton UK’s Michael Barber considers the progression of the forensic accounting profession and looks ahead to what may be in store in the coming months and years

The past

Origins: Maxwell, Barings and beyond

Forensic accountancy. The term strictly refers to accountants whose work supports legal proceedings of various kinds. This is not dissimilar to the way that a forensic pathologist might provide expert evidence to the court. Only forensic accountants substitute corpses for cashbooks and scalpels for sale-and-purchase agreements (SPAs). Continue reading “Sponsored briefing: From Barings to Bitcoin, the forensic accounting market – past, present and future”

Sponsored firm profile:
Trowers & Hamlins

Sponsored firm profile: <br> Trowers & Hamlins

Trowers & Hamlins has one of the largest disputes practices in Birmingham, handling high-end, complex and often cross-border matters for clients across all types of contentious work, with specialisms in commercial litigation, civil fraud and investigations, property litigation and construction disputes.

Our Midlands practice is deeply connected into our wider business, with a significant proportion of our work originating from our international offices across Malaysia and the Middle East, and our strategic partnership with Interlaw – an elite global network of over 7,000 first-class lawyers in 150 cities worldwide.

We act on a wide range of commercial disputes, with key strengths in international, particularly Middle East-related work, heavyweight commercial matters and disputes involving public sector bodies. We are advising the Central Bank of Bahrain bringing claims worth close to £3bn in connection with the AHAB and Saad Group frauds, for example, and we also receive regular mandates from the Abu Dhabi National Oil Company. Our work on disputes emanating from the Middle East includes cases played out in the local courts and arbitral tribunals in that region, as well as in London and other international disputes hubs.

Handling complex high-value matters

Closer to home, our team has had a number of its recent cases in the Commercial Court reported and receives instructions in commercial disputes from both regional and national players. We have a strong record of working with in-house counsel teams in difficult, sensitive and complex claims and investigations.

Trowers has a long history of acting in disputes involving the public sector and continues to be a leader in this field. For example, we are on the panel for the Department of Health, who we advise on various high-value claims.

We are one of the only firms with a team recognised for its civil fraud expertise, where we act for a wide range of public, private and third-sector clients dealing with prevention, investigations and recovery actions across multiple jurisdictions. With deep experience in freezing injunction applications, we also advise on anti-bribery and fraud prevention issues and are increasingly known for significant instructions arising from cyber crime. We support both domestic and international clients dealing with the regulatory and data issues that arise from cyber events and our team regularly speaks at conferences on cyber security and dealing with breaches.

Supporting a broad client base

Our real estate litigation team in the West Midlands has grown considerably in recent years and now stands apart for the breadth of both its work and its client base, covering the full range of City-quality contentious property work in the regional market. Our clients include significant public sector pension funds and investment funds, NHS foundation trusts, West Midlands-based property investors and corporate occupiers, large and small developers, high-net-worth-individual clients, large and small housing associations and care providers, including the West Midlands Metropolitan Authorities Pension Fund, Westminster City Council (investment property), King’s College Hospital, Mainstay Residential, Midland Heart and Citizen Housing Group.

Our construction litigation practice in Birmingham is focused on the development of risk management and dispute avoidance strategies to help clients retain control of projects. When action does become necessary, we guide clients towards the most satisfactory outcome possible, whether that is through adjudication, mediation, conciliation, early neutral evaluation, expert determination or a more bespoke process. The disputes team is an integral part of our projects and construction department, providing a full service to construction projects on a local, national and international basis. We advise housing associations, NHS trusts, contractors and leisure developers across the Midlands region on a range of significant contentious matters relating to construction aspects of various schemes and projects.

We believe our full-service litigation practice in the Midlands stands apart for its ability to cope with complexity and diversity, and for its national and global reach. We have significant expertise using litigation funders to finance claims ranging from £200,000 to over £100m – we always look at the big picture when supporting clients, pursuing the most effective dispute resolution achievable.

In order to develop our relationships with in-house counsel, we run a breakfast series called Counsel’s Club where we discuss topical issues and share experiences, resulting in valuable collaboration and information sharing.

Key partners

Helen Briant

Partner, commercial litigation
E: hbriant@trowers.com
T: 0121 214 8867

Helen Briant is a partner in Trowers & Hamlins’ commercial litigation practice in Birmingham, specialising in commercial litigation and arbitration. She regularly works with in-house legal teams to resolve substantial commercial disputes. She has particular experience in working for clients in the manufacturing and engineering sector. She also has significant experience dealing with complex and sensitive disputes involving private wealth, investments, trusts and estates, and her work is usually cross-border. Briant’s clients include high-net-worth individuals, business owners, trustees, executors and beneficiaries, and many of the cases that she works on involve fraud and dishonesty.

Yetunde Dania

Partner, property litigation
E: ydania@trowers.com
T: 0121 214 8822

Yetunde Dania specialises in residential landlord and tenant property matters for large and small housing associations, and UK and overseas-based private landlords with property portfolios in the UK. Her work includes contentious and non-contentious issues, such as providing advice and assistance to clients in complex possession and injunction claims, defending counterclaims for disrepair and/or allegations of alleged landlord-related regulatory failures, in both the county and magistrates’ courts, and she provides advice across the very wide spectrum of residential landlord and tenant legislation.

Michael Green

Partner, property litigation
E: mgreen@trowers.com
T: 0121 214 8861

With almost 20 years of real estate litigation experience acting for a range of private and public sector clients, Michael Green joined Trowers & Hamlins’ property litigation team in Birmingham in 2018 with the objective of broadening its practice. He acts for investors, corporate occupiers, developers and public sector bodies, including public sector pension funds and other investment funds. Green’s clients comprise a mix of real estate stakeholders in the Midlands, together with London-based clients. He has particular expertise in complex commercial landlord and tenant disputes, including those arising in the context of large-scale redevelopments.

Mark Kenkre

Partner, commercial litigation
E: mkenkre@trowers.com
T: 0121 214 8863

Mark Kenkre specialises in commercial litigation, arbitration and conducting investigations, with an emphasis on complex and commercially sensitive disputes involving allegations of fraud. He has an interest in technology, cyber crime and cyber security issues, including the development of fraud risks relating to blockchain technology and developments in legal technology, and he is a member of the Commercial Fraud Lawyers Association and the Fraud Advisory Panel.

Guy Willetts

Partner, property litigation
E: gwilletts@trowers.com
T: 0121 214 8845

Guy Willetts has more than 30 years’ experience in the resolution of property disputes, acting for owners or occupiers of all types of commercial property (including shops, offices, warehouses and industrial buildings), investors and developers, local authorities, pension funds, NHS trusts and government agencies. He has been involved in a number of landmark cases and is focused on getting the right result in the most cost-effective manner, which may involve alternative dispute resolution, including self-help remedies, mediation, arbitration or expert determination, with the courts as a last resort.

 


10 Colmore Row
Birmingham
B3 2QD

Tel: 0121 214 8800

Web: www.trowers.com

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