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Sponsored briefing: RPC interview series – Andy McGregor

RPC

Why are fraud disputes increasing year on year?

Numbers collected by the litigation intelligence company Solomonic show a dramatic increase: 94 fraud-related cases were recorded in 2020, compared with 61 cases in 2019 and 31 in 2018.

Based on our experience, 2021 is likely to see that number go even higher. It’s hard to know exactly what is driving that. I don’t think that we have collectively become worse people though. Continue reading “Sponsored briefing: RPC interview series – Andy McGregor”

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Sponsored briefing: RPC interview series – Michelle Sloane

RPC

What advice would you give to clients who want to be prepared for potential investigations in relation to the criminal offences of failure to prevent the facilitation of tax evasion?

A defence exists of having ‘reasonable prevention procedures’ in place. Therefore, the first thing that I would advise is to ensure these procedures are in place. Despite the new laws on failure to prevent tax evasion being around since September 2017, quite a lot of corporates have failed to implement any procedures. These corporates will find it near impossible to mount a successful defence to these offences. Continue reading “Sponsored briefing: RPC interview series – Michelle Sloane”

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Sponsored briefing: RPC interview series – Simon Hart

RPC

To what extent is the current crisis similar to the 2008 financial crisis?

They are very different. Every economic crisis has different drivers, despite people tending to lump them together. The consequences for the legal market are always different as a result. Why? 2008 was a once-in-a-lifetime event, just like the pandemic, but of a different type. Undercapitalised banks themselves were one of the main causes of the crisis, they were right at the heart. The economy was on the precipice because the banks were so over-leveraged. Continue reading “Sponsored briefing: RPC interview series – Simon Hart”

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Sponsored briefing: RPC interview series – Jeremy Drew

RPC

How would you describe RPC’s retail offering?

Our retail group is one of the five strategic focuses of the firm. It sits at the very heart of what we do.

It’s one of the biggest and most comprehensive retail practices in the City. We have the necessary scale. There are more than 70 core people in the retail group, over 30 of whom are partners. We have intentionally kept a reasonably high partner leverage. Continue reading “Sponsored briefing: RPC interview series – Jeremy Drew”

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Sponsored briefing: Indian courts in litigants’ homes

The team at Singhania & Partners LLP discuss how courts in India have adapted to online technology over the past year

While it may be true that the pandemic has badly affected all activities across the world, it certainly has paved the way for much needed overhauling in the dispute resolution system in India. Dispute resolution is functioning in some ways much better online and has adapted to technology within a year, which otherwise would have taken a decade. Continue reading “Sponsored briefing: Indian courts in litigants’ homes”

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Written in the stars: the up-and-coming generation on the future of disputes

‘We’re changing law firms just through being who we are and by the different perspectives that we bring,’ Linklaters counsel Jacqueline Chaplin tells Legal Business.

With every generation of disputes practitioners come new perspectives and an enthusiasm to leave a mark on the practice. And, in the past year, firms have been forced to adapt to significant business change in a way that – were they undisturbed by the pandemic – they may have tiptoed around implementing for years. Now, disputes practices have the opportunity to maintain the momentum for modernisation and embrace different perspectives and new challenges. Continue reading “Written in the stars: the up-and-coming generation on the future of disputes”

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What’s next?

As he does every year, Stewarts’ head of commercial litigation, Clive Zietman, prepares to address an assembly of disputes partners. It is a customary annual strategy meeting, where the firm attempts to make sense of the market. But he encounters a familiar problem.

‘I’ve become notorious for saying “I don’t have a crystal ball” when predicting market trends. My wife is into all that stuff, so one year I literally took in a crystal ball. It still didn’t work. All I can say is this: things often don’t pan out the way you think they will.’ Continue reading “What’s next?”

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Sponsored briefing: The value of forensic accountants in investigations

Grant Thornton UK

Kevin Shergold draws inspiration from the art world to explain the role of forensic accountants

In the art world, spotting the difference between an authentic masterpiece and an impeccably forged fake can often hinge on the minutest of details

Renowned forensic art analyst, John Martin, has saved (and ruined) many art owners dreams by confirming or denying the authenticity of highly valued artworks. A 1965 Rothko he examined was deemed a fake due to a layer of white paint between the canvas and the oils. During the period in question, Rothko had used a transparent layer. Continue reading “Sponsored briefing: The value of forensic accountants in investigations”

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Sponsored briefing: Post-Brexit prospects: London as a dispute resolution centre

Brown Rudnick

Neill Shrimpton and Jessica Lee discuss the impact of Brexit on London as a dispute resolution centre

Over a year on since the UK formally withdrew from the EU on 31 January 2020, speculation continues as to the prospects of London remaining a key dispute resolution centre post-Brexit. The adverse impact of Brexit is already being felt in the UK financial markets after January 2021 saw the Amsterdam Stock Exchange displace the London Stock Exchange in terms of trading volume per day. However, it remains to be seen whether the uncertainty persisting post-Brexit with respect to issues such as the enforceability of English judgments in the EU will outweigh the favour historically given by contracting parties in choosing to apply English law to their contracts and to litigating their disputes in the English courts. Continue reading “Sponsored briefing: Post-Brexit prospects: London as a dispute resolution centre”

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Sponsored briefing: Lebanon’s dispute resolution system

Obeid Law Firm gives an overview on the Lebanese dispute resolution and banking systems in times of crisis

Section one: overview on the Lebanese dispute resolution system in times of crisis

A. Litigation

Lebanon has a civil law legal system and, thus, follows the inquisitorial model. The legal process is conducted primarily through written submissions.

The courts in Lebanon are divided into two parts – the judicial courts (those dealing with criminal and civil laws), and the courts dealing with administrative matters. Continue reading “Sponsored briefing: Lebanon’s dispute resolution system”

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Sponsored briefing: A guide to white-collar offences: industrial property in Mexico

Basham, Ringe y Correa

Partners Francisco Tiburcio, Alejandro Catalá and Gilberto Valle analyse the latest legislative crackdowns on Mexican property fraud

Enforcement of intellectual property rights in Mexico has always been subject of concern by the title owners as well as of the international community. Therefore, the legal framework of the intellectual property system, linked with the rule of law and the criminal law system in our country, has been and is a priority. Consequently, in different Free Trade Agreements (FTA) our country has negotiated, an intellectual property and enforcement of rights chapter has been fundamental. Mexico now is part, among others, of the A) Transpacific Partnership Agreement 2018 (TPP), B) FTA with the United States and Canada (USMCA) 2020 and C) the European Union (TLCUEM), pending ratification at Congress. Continue reading “Sponsored briefing: A guide to white-collar offences: industrial property in Mexico”

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Disputes Yearbook – online PDF

While much of the country works from home we are providing an additional online option for you to access your copy of the Disputes Yearbook 2021. Please see below for a link to an online pdf of the Disputes Yearbook 2021. This will only be accessible to subscribers. Please make sure you are logged into the site to see the link.

Legal Business subscribers will be receiving their physical copies of the Disputes Yearbook with Legal Business circulation.

Continue reading “Disputes Yearbook – online PDF”

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Sponsored briefing: Court intervention with respect to arbitral awards in Kenya

Oraro’s Chacha Odera, Eva Mukami and Radhika Arora look at the use of arbitration as a form of dispute resolution within Kenya.

Introduction

The use of arbitration as a form of dispute resolution within the Kenyan jurisdiction has been on an upward trajectory for a long time, more so with the promulgation of the Constitution of Kenya 2010 (the 2010 Constitution). Article 159 of the said Constitution recognises the need for courts and tribunals to promote alternative forms of dispute resolution which includes arbitration, mediation, reconciliation and traditional dispute resolution mechanisms.

Continue reading “Sponsored briefing: Court intervention with respect to arbitral awards in Kenya”

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Sponsored briefing: The difficulties of pursuing foreign insolvency-related claims in Norway

Simonsen Vogt Wiig analyse how foreign insolvency claims can be pursued in Norway and the implications of Brexit on the enforcement of judgments between Norway and the UK

Insolvency-related claims in Norway

Pursuing foreign insolvency-related claims in Norway can be somewhat challenging. Except for the Nordic countries, which will not be discussed in this article, there are currently no rules or treaties governing foreign insolvency-related claims. However, new rules have been adopted and will come into effect from 1 July 2021, that will make this much easier. For bankruptcies from before 1 July 2021 and/or that falls outside the scope of the new rules, insolvency-related claims cannot be pursued in Norway. Thus the question is, what can, or cannot, businesses or bankruptcy estates do if they want to pursue insolvency-related claims against Norwegian companies or in assets situated in Norway, that fall outside the scope of the new rules? The new rules will be discussed at the end of this chapter. Continue reading “Sponsored briefing: The difficulties of pursuing foreign insolvency-related claims in Norway”

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Sponsored briefing: The effect of recent English Supreme Court judgments on GCC-based arbitration

Robert Sliwinski, of counsel at Al Suwaidi & Company, explains how common law principles are transforming international arbitration proceedings in the GCC region

Over the past six months there have been two important judgments in the Supreme Court of England and Wales which are likely to influence GCC-based arbitrations where they are based on common law procedures and rules. They may also impact arbitrations seated in the Dubai International Finance Centre (DIFC), the Abu Dhabi Global Markets (ADGM) and the Qatar Financial Centre (QFC) which are pockets of common law jurisdiction within the United Arab Emirates (UAE) and Qatar Civil Law Structures. Continue reading “Sponsored briefing: The effect of recent English Supreme Court judgments on GCC-based arbitration”

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Disputes perspectives: Claire Shaw

I was an incredibly good girl and my mother was incredibly opinionated: I basically did whatever she told me to do! For years I wanted to be a doctor but then I realised I absolutely hated chemistry and you couldn’t be one without chemistry. So I had a crisis after my O-Levels where I thought ‘Oh God what am I going to be then?’ So suddenly my mum said: ‘Right, that’s it then, you’re going to be a lawyer.’ She’s of that generation that absolutely idolised professions – she always called our family doctor by his first name. Continue reading “Disputes perspectives: Claire Shaw”

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Virtual reality

The health of the English and Welsh court system has long been a cause for genuine concern. Over the last decade, there have been anxieties over the diminishing desirability of a judicial role, not least due to a chronic lack of governmental funding that has resulted in salaries comparatively paltry to private practice positions.

This has been amplified by the introduction of the Judicial Attitudes Survey (JAS), which has given judges the platform to publicly lay out their grievances since 2014. It produced some shocking results. The 2016 edition revealed that nearly half (47%) of High Court judges were considering leaving the judiciary, alongside 41% of Court of Appeal judges and 40% of Circuit judges. A majority of judges (76%), felt they had experienced a deterioration in their working conditions since 2014, with 43% stating that the maintenance of their building was poor. Continue reading “Virtual reality”

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Disputes perspectives: Gaby Dosanjh-Pahil

I’ve always wanted to be a barrister, since before I can remember. There was no particular event or anything, I just always knew. I must have seen something on TV or the news perhaps. It was easy for me, because once you know what you want to do, it’s easy to follow that path.

I’ve never been an outgoing, loud person. Although I have married my complete opposite! I was the youngest of three children, and a girl with two older brothers, so I was always wrapped up in cotton wool. But I’m quietly confident. Continue reading “Disputes perspectives: Gaby Dosanjh-Pahil”

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Disputes perspectives: Tony Singla QC

I’m the youngest of three children. My brother and sister both read law at university, and have become lawyers themselves. My sister is a general counsel, and my brother is a silk. They’re both older than me, and when it came to applying to university, there wasn’t much choice on my part! I benefited a lot from their revision notes…

I briefly contemplated a career in the City, and I did an internship at Goldman Sachs in 2005. It was useful in the sense that it confirmed that I did want to pursue a career in the law. Continue reading “Disputes perspectives: Tony Singla QC”