Daizy Chawla charts the progress of India’s Insolvency and Bankruptcy Code
‘The Insolvency Code is a legislation which deals with economic matters and, in the larger sense, deals with the economy of the country as a whole.’ Continue reading “Sponsored briefing: Financial litigation in India – An analysis of recent developments in insolvency law”
Julian Stait and Tom Canning, litigation partners in the London arm of Milbank, look at the complex field of tech disputes
Disputes arising out of complex technology projects continue to arise with alarming frequency; the more complex the project, the more likely it is that problems will arise. And yet, looking back over a large number of years of handling these types of disputes, many of the key causes, issues and themes remain the same, notwithstanding the passage of time. Why is that? Continue reading “Sponsored briefing: Technology disputes – A perfect storm of complex technical, legal and business issues”
Rémy Gerbay looks at whether Africa could prove a suitable arbitration seat for US corporations
Private investments by US corporations in Africa are expected to increase in the coming years. In turn, cross-border disputes are also expected to surge. This comes at a time when arbitrating disputes on the African continent is slowly becoming an increasingly viable option for US corporations. Continue reading “Sponsored briefing: The coming of age of arbitration in Africa”
Rishi Pursem SC and Bilshan Nursimulu discuss how Mauritius has evolved to become an increasingly popular choice for arbitration
On 1 January 2009, the Mauritian International Arbitration Act came into force. It created a completely new regime for international arbitration and expressly provides that it is to be developed in keeping with the international principles underlying the UNCITRAL Model Law. Continue reading “Sponsored briefing: The Mauritius International Arbitration Act – A decade on”
Moritz Blasy, Nicolai Binkert and Simon Ott detail Liechtenstein’s new conciliation procedure
Liechtenstein’s fiduciary and financial services industry has a long history of rendering high-quality services to an international clientele of high-net-worth individuals. For almost 100 years Liechtenstein’s unique legal system has attracted high-net-worth individuals seeking to structure their wealth. The Liechtenstein foundation and the Liechtenstein trust have proven to be particularly popular wealth-structuring vehicles. Continue reading “Sponsored briefing: A new ADR instrument for conflicts between beneficiaries and professional fiduciaries”
JMiles & Co specialises in international arbitration, mediation and fraud and asset recovery and is a recipient of the Law Society of England and Wales Excellence Award for international legal services. We have acted for African governments and private clients in Africa and elsewhere across the world. The team consists of lawyers who have qualified and practised in England, Kenya and Singapore and have a deep understanding of the legal and commercial realities of doing business in Africa and is one of the only entities in East Africa providing specialised advice and representation to clients on international arbitration.
Partners in King & Spalding’s London disputes team discuss their thoughts on some of the current trends and issues within the litigation and international arbitration markets
Continue reading “Sponsored briefing: Insight – The arbitration market”
Looking back, I spent 25% of my time at the Serious Fraud Office reacting to a campaign against the SFO orchestrated [by] the [UK government]. In order to do that I was building alliances with politicians in the Lords and the Commons, with journalists, with academic and City lawyers, with independent NGOs and with international organisations. They were all hugely supportive, and ultimately the SFO survived.
I’m not saying that there aren’t two sides to this argument, but I fought as I did because I believed very strongly in the need for an independent SFO. The reason being that if you are investigating the kind of companies at the very top of the blue-chip list, people who can literally pick up the phone and speak to the Prime Minister, it is incredibly important in terms of public confidence that the prosecutor has visible and real independence. Continue reading “Disputes perspectives: Sir David Green QC”
One of the things about being a barrister is that you’re independently-minded, which means all the big Remain campaigns find me a mixed blessing. People’s Vote are trying to draw me in, so they said if I wrote something they’ll get it in one of the broadsheets tomorrow.
I am independently-minded but I do like to play nice with others where possible. So I stayed up until about 10pm putting something together. It’s going in The Independent. Continue reading “Disputes perspectives: Jolyon Maugham QC”
Political pressure to crack down on evasion and Bribery Act-style powers are pushing tax disputes onto boardroom agendas, writes Dominic Carman
Tax investigations and disputes historically rarely made the headlines, except for the occasional world-class footballer or rows over globe-trotting firms slashing their tax bills. Continue reading “Market Report: Tax Litigation – Out of the shadows”
Magic Circle takes a leaf from US playbook after a parsimonious 2018
This time last year, Legal Business was still lamenting that the post-banking crisis clampdown on promoting partners at City firms had showed little sign of lifting, with the Magic Circle in particular promoting at levels insufficient to sustain partnership sizes. Continue reading “City elite sees sharp increase in partner promotions and improved female promotion prospects”
Nick Skerrett examines the trend of tax dispute management falling to GCs and tax litigators, as HMRC takes a tougher enforcement stance
Tax used to be an area where lawyers feared to tread. That has changed dramatically as the environment for resolution of tax disputes has evolved over recent years. We are seeing a growing trend of the management of tax disputes shifting out of the tax department and onto the desks of general or litigation counsel. In parallel, board-level scrutiny and engagement, and responsibility, have increased. This change to managing tax disputes as an area of legal risk, set against a backdrop of increasing complexity and scrutiny, raises new challenges. Continue reading “Sponsored briefing: The taxman cometh – What GCs need to know”
Engaging Simmons & Simmons tax is different. We have deep strategic expertise and the experience to create a bespoke solution that works for all stages of tax disputes, from the first call from the tax authority through to litigation in the most senior courts.
Simmons & Simmons has one of the strongest contentious tax practices in the market, specialising in complex, high-value tax disputes. We are one of very few law firms to have a truly dedicated contentious tax practice, with partners and associates entirely focused on tax litigation and disputes and the only large law firm genuinely able to blend accountancy, economics and legal expertise on tax disputes. We are proud of our reputation for excellence and are committed to getting results for our clients in their most complex matters. Continue reading “Sponsored firm profile: Simmons & Simmons”
Corporate partner Peter Baldwin joins the City outfit from Ropes & Gray
Traditionally reticent to engage in the lateral recruitment market, Macfarlanes has continued its recent flurry of hires, this time recruiting special situations and corporate partner Peter Baldwin from Ropes & Gray. Continue reading “A special situation – Macfarlanes overcomes lateral reluctance with rare spate of hires”
With the trickle of follow-on damages claims after high-profile competition investigations threatening to become a flood, Dominic Carman examines how firms are preparing their clients for battle
‘We have talked about competition litigation emerging as a work stream in civil litigation for a long period of time, but we have seen a real boom in activity over the last few years,’ says Francesca Richmond, partner at Baker McKenzie. ‘Defendants to regulatory investigations should now expect civil claims to be filed against them and account for that in their overall strategy.’ Continue reading “Market Report: Competition Litigation – Healthy competition”
Francesca Richmond discusses recent developments in EU competition litigation
Litigation of claims to recover cartel damage is now a standard consideration when assessing risk across jurisdictions and setting corporate strategy. It is questionable whether the increase in claim activity reflects a trend to recovery for consumers and business, or simply demonstrates exploitation of opportunity by claimant law firms and funders. However, the fact remains that the volume and scale of litigation on competition issues demands strategic weight and attention. Continue reading “Sponsored briefing: The future of competition and consumer litigation – a brave new world?”
Despite Brexit uncertainty with the launch of Europe’s central patent court, Dominic Carman finds plenty for IP litigators to get their teeth into
Case volumes in intellectual property (IP) remain, to borrow a phrase, strong and stable. ‘We’ve not seen much variation in terms of the number of cases in front of the UK Patents Court,’ says Gareth Morgan, IP partner at CMS UK. ‘We monitor claim forms on a monthly basis: typically, there are between 100 and 125 cases issued every year in the Patents Court, of which somewhere between ten and 20 go to trial.’ Continue reading “Market Report: IP Disputes – Strong and stable”
For years Slaughters epitomised City conservativism but, reports Thomas Alan, marquee clients and a clear structure mean its new law tech incubator is being closely watched
The value of legal tech incubators is much debated in the industry. The jaded in the tech community often decry such initiatives as marketing opportunities and even many start-ups themselves are sceptical, comparing some law firm incubators to ‘fish bowls’. Continue reading “Prestige meets hustle – Slaughters sends jolt through start-up community with launch of tech incubator”
Caitlin Heard and Gareth Morgan highlight recent cases involving patent disputes to put the case forward for the UK as a key centre for patent litigation
Reflecting on the past 12 months of patent litigation, it is apparent that the tools available to litigants are changing. There is an increasing shift away from the traditional war of attrition that has come to be the norm in multijurisdictional patent disputes, towards more focused and targeted claims, as courts in Europe are increasingly willing to consider international issues and give judgments that have extra-territorial effect. Continue reading “Sponsored briefing: UK courts – Open for business”
