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”

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”

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”

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”

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”

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?”

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”