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”

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”

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”

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”

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”

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”

Resilient Keystone sees double-digit revenue growth in financials buoyed by senior recruitment

Keystone Law has significantly outstripped its half-year results unveiled in September, by posting a healthy 11% increase in turnover for the full year to 31 January 2021.

Revenues were up to £55m from last year’s £49.6m, with the rate of increase nearly double the 6.5% announced in the half-year results. Continue reading “Resilient Keystone sees double-digit revenue growth in financials buoyed by senior recruitment”

Sponsored briefing: Angola – getting back in the game

Morais Leitão’s Claudia Santos Cruz on recent legal developments and the future of the Angolan oil industry in the wake of the Covid-19 pandemic

For a brief period in 2009, Angola was Africa’s largest oil producer with production reaching two million barrels per day. Current production is around 1.37 million barrels per day. This reduction is generally attributed to a general reduction in production; low oil prices and more recently Covid-19 pandemic effects. Continue reading “Sponsored briefing: Angola – getting back in the game”

Sponsored briefing: Valuation – the new frontline in restructuring under the Corporate Insolvency and Governance Act 2020

In the summer of last year, the Corporate Insolvency and Governance Act 2020 (CIGA) was rushed through the UK Parliament in a five-week period to deal with the expected fallout from the Covid-19 pandemic. As the biggest change to the UK’s insolvency and restructuring legalisation in over 20 years, one of the cornerstones of this new legislation is the introduction of the Restructuring Plan. While many of the provisions and the intent of both the Restructuring Plan and the existing Scheme of Arrangement are not dissimilar, what is ground-breaking is the introduction of the Cross-Class Cram-Down mechanism (or CCCD) and the sharp focus this is bringing on evidence as to where value breaks within the capital structure of the company in question. Continue reading “Sponsored briefing: Valuation – the new frontline in restructuring under the Corporate Insolvency and Governance Act 2020”

Turkey focus: Crisis, what crisis?

As Covid-19 continues to wreak havoc, many countries face both an economic and a health crisis. But for Turkey, the concept of crisis is nothing new: it has long been part of everyday life. The current malaise, which predates the pandemic, has its origins in the attempted coup of 2016 and the government’s authoritarian response: over 300 people were killed and 75,000 arrested, including 2,700 judges. Such coups d’état have punctuated Turkey’s historical narrative in every decade since the 1960s. More recently, there was the currency and debt crisis of 2018, which saw the credit rating agencies downgrade Turkey’s debt to junk status.

Notwithstanding these difficulties, President Erdoğan is still firmly in control. Added to the $120bn in infrastructure spending since 2003, new highways and rail links are planned. Turkey’s $730bn economy, the world’s 20th-largest, even managed to expand slightly last year. But problems persist: inflation at 15% and interest rates recently hiked to 19%, while the Turkish Lira’s precipitous decline against the US dollar has sparked an exodus of foreign capital. In an effort to boost tourism, one of the country’s strongest sectors, Turkey announced that it would be the first country to accept British holidaymakers without Covid checks. Despite Erdoğan’s promises to cut inflation in an attempt to restore confidence, sustained turbulence undermines the country’s economic credibility. Continue reading “Turkey focus: Crisis, what crisis?”

Sponsored briefing: Closing a project finance transaction in Mozambique during a worldwide pandemic

The world shut down in 2020, but the largest project finance in Africa could not stop.

The discovery of vast quantities of natural gas off the coast of northern Mozambique in 2010 was the starting point for the Mozambique LNG Project, which led to a $20bn final investment decision in June 2019. In September of that same year, Total (the second-largest LNG player in the world) announced that it had closed the acquisition of Anadarko’s 26.5% operating interest in the Mozambique LNG Project and that the project was finally ready to move on to the next stage. Continue reading “Sponsored briefing: Closing a project finance transaction in Mozambique during a worldwide pandemic”

Africa focus: Africa first

In times of stress and unpredictability, it pays to be conservative. Most sensible investors will plump for safe havens during troubled times. So is Africa a senseless gamble?

Some 20 years after the term ‘Africa rising’ began to enter the world’s consciousness, the continent still delivers a plentiful supply of extreme volatility and complexity, intimidating factors that seep into deals, projects and other legal engagements. It is not a benign environment for law firms. Continue reading “Africa focus: Africa first”

Sponsored briefing: Privatisations in Cabo Verde and Angola – the new El Dorado?

Both Angola and Cabo Verde have recently announced important privatisation programmes involving companies active in key sectors in the two countries’ economies.

In Angola, the programme involves 195 companies and assets and was originally planned to be concluded in 2022. Several tenders have already been launched or implemented and 14 companies/assets have already been privatised. The goal was to privatise 51 companies by the end of 2020 but because of Covid-19 the process was suspended. However, the process is now resuming slowly. Consequently, there will be investment opportunities from now on. Continue reading “Sponsored briefing: Privatisations in Cabo Verde and Angola – the new El Dorado?”

‘Living at work’ – the lessons for law firms from a year at home

‘It’s been challenging for everyone. Whether you’re living alone, or with children who need homeschooling, with teenagers who need emotional support or you’re caring for elderly parents – no-one has been unaffected,’ says Slaughter and May real estate head Jane Edwarde on the impact the last year has had on the profession. ‘A year is a very long time for any human being.’

Like many aspects of all of our lives, the way law firms operate has been turned on its head over the last 12 turbulent months. Gone (for the time being at least) is any stigma that working from home is less productive than long hours in a busy office, but gone too are the career benefits of spontaneous social interaction with clients and colleagues, and any semblance of a divide between work and home life. Continue reading “‘Living at work’ – the lessons for law firms from a year at home”

Switzerland focus: Still standing

Switzerland is often singled out as the prime model for a stable economy – apart from a temporary blip in 2009 following the global economic crisis, GDP growth has moved consistently upwards. The country’s strong employment figures and national debt position have only underlined its positive reputation even more. But when Covid-19 hit, not even Switzerland could roll with all the punches it had to take, and continue growing.

That said, at the end of 2020 the economic activity was only 2% below its pre-crisis level – a strong bounceback, especially compared to other European countries. While Switzerland remains locked down for the first quarter of 2021, the prognosis for the year ahead looks promising. Continue reading “Switzerland focus: Still standing”

Hope floats for City listing overhaul but American audacity is vital

starry sky over the City

City business has had cause to take heart in recent months with a clear display of political will behind an overhaul of UK listing rules that could see London shake off its Brexit and pandemic woes and reassert itself as a global financial hub. Our Global London report finds US and European firms alike concerned about the status of their London offices now that Brexit is a hard reality.

Proposals set out in the UK Listing Review in March, led by Lord Hill, will particularly pique the interest of anyone tracking the special purpose acquisition company (SPAC) market. Indeed, the ubiquity of those deals has made them difficult to miss. There has been much talk of London jumping on the bandwagon in a fit of FOMO as other listing destinations, especially the US and Amsterdam, pile into that frothy market with gusto. However, to say that London has been lagging competitors in the US, Europe and Asia for too long is an understatement, and any shake-up to expedite parity with peers has not come a moment too soon. Continue reading “Hope floats for City listing overhaul but American audacity is vital”

The work from home dilemma – get creative

If 2020 was about surviving coronavirus and lockdown, 2021 is most certainly about rebuilding and making up for lost time. With the Covid-19 vaccine rollout progressing well, and pubs and shops reopening ahead of a supposed return to normality by late June, going back to the office is becoming a reality.

As The Legal 500 UK editor Georgina Stanley points out in ‘Living at work’, the past year has seen the stigma that working from home is less productive than long office hours eradicated, but we have also lost the benefits of spontaneous social interaction with clients and colleagues and the ease of separation between work and home life. As for the younger generation of lawyers, they are suffering from a lack of face time with clients and partners, losing out on crucial training and development. Continue reading “The work from home dilemma – get creative”