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 review of the arbitral award by the courts at the seat of the arbitration (or indeed anywhere else).
Signature Litigation: Legal privilege: far from resolved
Abdulali Jiwaji
Partner, Signature Litigation
Daniel Hayward-Hughes
Associate, Signature Litigation
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 legal advice privilege and protection from disclosure into statute. Legal advice privilege applies to confidential communications between a lawyer and client for the purpose of seeking or obtaining legal advice. Problems can arise though when it is unclear who the instructing client is and whether the lawyer is actually a ‘lawyer’ for the purposes of the common law test for privilege.
Signature Litigation: Policing arbitration – can accountability deficit be addressed?
Natalia Chumak
Partner, Signature Litigation
Nick Storrs
Senior associate, Signature Litigation
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, nothing wrong in engaging in a private, consensual process and there are numerous advantages of doing so. But the framework within which such disputes are resolved must be unimpeachably robust in order to meet the objective in any dispute resolution process: to do justice between the parties in accordance with the law. Accordingly parties’ autonomous right to submit disputes to arbitration needs to be structured within a legislative framework which governs and regulates the arbitral process. This is in part to:
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 up by recent court decisions. The changes were generally welcomed as providing a greater degree of clarity for litigants when navigating their way through what remain complex and densely drafted rules. However, there remains a question as to whether a more radical overhaul of the rules is desirable.
Mishcon de Reya: The dangers of repeat appointments
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 a party in the arbitration or its counsel, be it of a financial, professional or personal nature. It is crucial that an arbitrator has no such relationships because they might induce the arbitrator to decide in favour of one of the parties, irrespective of the merits of the case.
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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 widespread problem.
KWM’s Hong Kong office doubles up on prime capital markets deals
King & Wood Mallesons has advised on Hong Kong’s largest rights issue to date this year, with investment house Fosun International raising $1.5bn to fund a push into financial services.
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Game over: Debevoise, A&O and Fenwick & West lead on Candy Crush maker’s sale for $6bn
Debevoise & Plimpton, Allen & Overy (A&O) and Fenwick & West have scored roles advising video game maker Activision Blizzard on the acquisition of Candy Crush creator King Digital Entertainment for $5.9bn – one of the largest deals in the fast-growing interactive entertainment industry.
Olswang launches 10% staff bonus to encourage entrepreneurs
After what has been a challenging couple of years for TMT firm Olswang, chief executive Paul Stevens is launching a series of initiatives in a bid to ‘re-ignite the firm’s entrepreneurial spirit’.
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Dentons boosts competition offering with BLP veteran hire
Dentons has enhanced its competition and antitrust offering by appointing longstanding Berwin Leighton Paisner (BLP) partner Adrian Magnus to join its City practice.
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Dealwatch: KWM, A&O and Dentons advise as China and Germany sign historic stock exchange JV
King & Wood Mallesons (KWM) and Dentons have leveraged their considerable Asia platforms to secure roles as lead advisers on a landmark agreement between Germany and China to create the first dedicated platform for yuan-denominated trading outside China.
Revolving doors: key hires at Ropes & Gray and Clifford Chance while White & Case loses Polish disputes head
Global 100 heavyweights Ropes & Gray and Clifford Chance announced key lateral hires last week, while White & Case saw the head of its Polish disputes practice leave the firm.
‘Naturally a key market’: HSF launches in Düsseldorf with former CC hire
Herbert Smith Freehills (HSF) has boosted its German capability with the launch of an office in Düsseldorf – its third base in Germany, and hired former Clifford Chance (CC) arbitration partner Thomas Weimann.
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Macfarlanes combines with Wachtell for new client Visa on €21.2bn European transaction
Macfarlanes has scored a lead role advising US company Visa on its €21.2bn acquisition of Visa Europe alongside US firm Wachtell, Lipton, Rosen & Katz, while Linklaters also secured a leading role advising the other side.
Fieldfisher boosts tech nous in Manchester with lateral hires
Nearly two years after opening in Manchester, Fieldfisher has swelled its partner headcount with two lateral hires from regional firms.
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Guest post: The secret to surviving in a new role
I speak to a lot of people who have recently moved into new roles. It is a tough period and after three months there is often a striking contrast between their negative emotional response to their new role then, compared to the anticipation and excitement they felt on joining their new company.
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Trading places: HSBC to move 10% of London legal team to Birmingham
HSBC is planning to move about 20 of its London lawyers to Birmingham by 2017 in line with the new ring-fencing reforms, Legal Business has learned.
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Ince & Co hits choppy water in Singapore as Reed Smith appoints leadership duo
As part of its quest to seek a local tie-up Reed Smith has secured the double hire of Ince & Co‘s Singapore managing partner and the head of its local alliance firm, putting Ince’s own Singapore law alliance at risk.
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Eversheds inches closer to US tie-up as Foley & Lardner emerges as front runner
Eversheds is moving closer to its much sought-after US merger, with Foley & Lardner identified as the primary candidate for a deal.
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Hitting the target: Latham & Watkins boosts female partner promotions in latest round
Almost half the lawyers made partner in Latham & Watkins’ latest 25 partner promotion round are female, following global chair Bill Voge’s pledge for diversity.