Sponsored briefing: Cyber space – fighting fraudsters in a brave new world

Cooke, Young & Keidan

As cyber crime continues to hit the headlines English courts are starting to adapt the traditional remedies used to tackle tech-heavy disputes

The effect of cyber fraud has increasingly become headline news. From last year’s high-profile ransomware attacks and mass-data breaches across multiple sectors, to this year’s controversy around the use of personal data by Facebook and third parties it works with, cyber fraud poses a devastating threat even to the most sophisticated corporates. Much is written about the increasing boardroom focus on these issues, and the significant penalties and group claims that companies and their directors might face when subject to such cyber attacks. But how, when disaster strikes, can traditional English law remedies assist these companies to fight back and take steps against the perpetrators, even when their identity is unknown? Continue reading “Sponsored briefing: Cyber space – fighting fraudsters in a brave new world”

The Bar Elite: Silk and steel

Helen Davies QC

Despite Brexit, costs pressures and the loss of financial crisis work, reports of the commercial Bar’s decline are overblown. We identify the sets and the silks redefining the modern Bar

Everyone in the global business community seems to know that many of Britain’s brightest lawyers practise at the commercial Bar, helping to maintain London’s position as a world leader in litigation. Over the past decade, nearly 70% of cases in London’s commercial Court have been brought by overseas clients: Russia, Kazakhstan, Switzerland and the US routinely originate the most litigants. Continue reading “The Bar Elite: Silk and steel”

Sponsored briefing: Opportunistic conduct and good faith – the line that joint venturers may not cross

Hardwicke

Hardwicke’s David Lewis and Emma Hynes assess the duty of good faith in a classic relational contract following the recent case of Sheikh Tahnoon Bin Saeed Bin Shakhboot Al Nehayan v Ioannis Kent AKA John Kent [2018]

A genial sheikh and an overly optimistic hotelier enter a joint venture to develop a chain of luxury hotels and an online travel business. What could possibly go wrong? Other than a global financial meltdown, the Greek debt crisis, a volcano in Iceland, threats of physical violence, blackmail, accusations of swindling, furtive double-dealing, rampant opportunism and – it turns out – breach of a contractual duty of good faith. Continue reading “Sponsored briefing: Opportunistic conduct and good faith – the line that joint venturers may not cross”

Perspectives: Stephen Parkinson, Kingsley Napley

Stephen Parkinson

I didn’t intend to become a lawyer. I’m the first of my family; we’ve been teachers and priests. My brother got a place at Oxford to study law. I got unexpectedly good A-Levels – I was meant to be going to Thames Polytechnic to read humanities. Sibling rivalry.

Criminal law was one subject I was good at, at uni. Wasn’t good at much! It’s about people’s behaviour – why they do the unfortunate things they do. Gets me out of bed. Continue reading “Perspectives: Stephen Parkinson, Kingsley Napley”

Perspectives: Clive Zietman, Stewarts

Clive Zietman

I got into law almost by default. I didn’t even like it when I started with Herbert Smith where I was doing non-contentious stuff, but when I did my final seat in litigation I decided this was for me. I’m a games person: I like sport, I like Scrabble, I like fighting. It was only at that point when I decided I wanted to be a lawyer.

It was always going to be litigation. If you look at my profile on our website it says: ‘Clive’s hobby is litigation.’ It’s absolutely true. If I go on holiday and have a bad holiday, I sue the holiday company. Which is, in fact, almost inevitable. We were building a house down in Cornwall and we were entering into a building contract that my wife was helping to draft. I said: ‘Why are you calling in the builders? They’re the defendants!’ Continue reading “Perspectives: Clive Zietman, Stewarts”

The Silk Round: One fine day

Sophie Lamb QC and Louis Flannery QC

Legal Business writes many high-minded pieces focused on the finer analytical points of the legal industry. This is not one of those pieces.

In an intensively people-driven business like the law, there cannot be many more resonant and personal experiences than becoming a Queen’s Counsel (QC). Firstly, there is the trial of the arduous application process and the agonising wait to find if you have secured the favour of peers and the selection panel. Continue reading “The Silk Round: One fine day”

The International Arbitration Summit: Trusting the cowboys

Stephen Jagusch QC

I am going to take a narrow view of a narrow subject: less of a keynote speech, more of a keyhole speech. Indeed, it is through a keyhole that I will ask you to join me in a voyeuristic peer into the room of what I call broken arbitrations, the room into which I have stuffed myriad examples of how the process of arbitration can too easily become corrupted.

And ‘keyhole’ is apt, in that privacy and confidentiality – and I hope we understand that they are very different things – prevent the door to arbitration from ever fully opening. It is merely through a keyhole that we form our impressions and understandings of what happens in actual cases. Continue reading “The International Arbitration Summit: Trusting the cowboys”

Sponsored briefing: Why choose Belgrade as a seat of arbitration?

Mihaj, Ilić & Milanović

Senka Mihaj, Nemanja Ilić and Marko Milanović of Mihaj, Ilić & Milanović explain the advantages of carrying out arbitration proceedings in Serbia

One of the key issues when it comes to drafting an arbitration clause, apart from selecting the applicable rules, is the seat of arbitration. The seat is much more than a technical issue. It determines which legal jurisdiction is the arbitration tied, decides on lex arbitri, and determines which national courts may intervene in the arbitration proceedings and the extent of such intervention. Continue reading “Sponsored briefing: Why choose Belgrade as a seat of arbitration?”

Sponsored briefing: CRCICA – ‘the granddaddy of arbitration in the region’

The Cairo Regional Centre for International Commercial Arbitration

Ismail Selim and Dalia Hussein of The Cairo Regional Centre for International Commercial Arbitration provide a detailed breakdown of the centre’s work

The Cairo Regional Centre for International Commercial Arbitration (CRCICA) is an independent, non-profit, international organisation established in 1979 under the auspices of the Asian-African Legal Consultative Organization (AALCO). The Headquarters Agreement concluded in 1987 between AALCO and the Egyptian government recognised CRCICA’s status as an international organisation, and accorded the centre and its staff privileges and immunities, insuring its independence. Continue reading “Sponsored briefing: CRCICA – ‘the granddaddy of arbitration in the region’”

Sponsored briefing: Managing the cost of an arbitration – you may have more options than you think

TheJudge

As third-party funding becomes increasingly mainstream, this article highlights the importance of considering both funding and insurance when looking for a cost-effective way to manage legal spend

There has been a lot of hype about the increased use of third-party funding by companies keen to manage the rising cost of arbitration. Funders are attracted to the arbitration arena by the high-value claims, perceived finality of awards and the enforcement regime provided by the New York Convention. In return, the arbitration community has shown its support by adopting it as a common cost tool encouraged, perhaps, by jurisdictions such as Singapore and Hong Kong lifting their prohibition of its use in arbitrations. Continue reading “Sponsored briefing: Managing the cost of an arbitration – you may have more options than you think”

Global leaders sponsor profile: KNOETZL

KNOETZL

KNOETZL is a leading Austrian law firm of effective, experienced and perceptive legal minds, providing the highest quality of advocacy in dispute resolution and corporate crisis. KNOETZL finds optimal outcomes for corporate, financial and governmental clients in their most significant and complex disputes. With an all-star team, combined with a diversity of styles and specialisations, the firm represents new standards of excellence in the market.

KNOETZL is Austria’s first large-scale dispute resolution powerhouse dedicated to high-profile and significant cases that matter. The firm is best known for taking the unique approach in Austria to provide a diverse team of highly-skilled lawyers and legal advisers, included from four continents, to offer international, focused advice in dispute resolution. The firm’s dispute resolution specialists have raised the bar to a new, higher level to litigate in Austrian and regional courts, to mediate and to arbitrate across the CEE region and globally. Leading international law firms value work with KNOETZL and the firm is engaged as Austrian disputes counsel by elite international advisers, corporate decision makers and general counsel. Continue reading “Global leaders sponsor profile: KNOETZL”

Global leaders sponsor profile: Hui Zhong Law Firm

Hui Zhong Law Firm

Established in 2013, Hui Zhong Law Firm was one of the first law firms in China to specialise in dispute resolution. The firm has been listed in The GAR 100 as top arbitration firm for three consecutive years from 2015 to 2018.

We boast a team of passionate, highly-skilled and experienced dispute resolution specialists. Our team includes highly-renowned senior partners, who were part of the first wave of Chinese lawyers carrying out international arbitration and dispute resolution work in China. Continue reading “Global leaders sponsor profile: Hui Zhong Law Firm”

Global leaders sponsor profile: Shalakany Law Office

Shalakany Law Office

Shalakany Law Office is one of the oldest and largest law firms in Egypt. Established in 1912 when Egypt was still a part of the Ottoman Empire, Shalakany has successfully forded over a century of practice in Egypt and the MENA region.

How has the firm maintained its status as a top-tier adviser over the years, and what has been the secret of your success?

Continue reading “Global leaders sponsor profile: Shalakany Law Office”

Global leaders sponsor profile: Mihaj, Ilic & Milanovic

Mihaj, Ilić & Milanović

Mihaj, Ilić & Milanović (MIM Law) is a relatively new player in the Serbian market but is already ranked by The Legal 500 as top tier. How and why was the firm founded, and what has been the secret of your success?

Senka Mihaj: MIM Law was established at the end of 2015 by Senka Mihaj, Nemanja Ilić and Marko Milanović [pictured left to right], experienced dispute resolution lawyers, with an idea of creating a top-notch law office focused primarily on dispute resolution. Only a few months after establishment of the firm, rankings showed that our dispute resolution team is among the best in Serbia and, to be frank, that was not a surprise, since MIM is the only Serbian firm with three partners focused on dispute resolution. We have great experience in commercial disputes, in counselling and representing clients in insolvency and restructuring/pre-packaged reorganisation plan (UPPR) proceedings, as well as in both commercial and investment arbitration proceedings. There is no secret behind our success, only hard and devoted work within the profession that we all love. Continue reading “Global leaders sponsor profile: Mihaj, Ilic & Milanovic”

International Arbitration Insight: Bigger, longer, more complicated

digital map

‘Arbitration has gone from being the exotic bird of dispute resolution to become almost the norm,’ argues Constantine Partasides of Three Crowns (3C).

The appearance of boutiques such as 3C and Hanotiau & van den Berg is itself a sign of arbitration’s entry into the mainstream. It is tempting to consider parallels with the US-based litigation firms that emerged in the late 1980s and ’90s, when Quinn Emanuel Urquhart & Sullivan and Boies Schiller Flexner broke away from the full-service model to focus on disputes work. Continue reading “International Arbitration Insight: Bigger, longer, more complicated”

Virtual Fear and Loathing – Can GCs get law firms to collaborate on tech?

Clichés abound over the stereotypical contrast between stuffy lawyers and progressive tech start-up gurus. Clearly law firms – whose liberal and often misplaced use of the term ‘innovation’ often adds fuel to the fire – have plenty of work to do. At the same time, some clients are far more insistent on innovation from their external advisers than others.

To what extent is this true? Are clients really driving a technological shake-out in the procurement of legal services? As Stuart Whittle, business services director at Weightmans, says: ‘The appetite varies massively among clients. Some want a solution on a stick while others are willing to invest time in tech and work with start-ups. They are all doing their own things and they are subjected to all kinds of pressures.’ Continue reading “Virtual Fear and Loathing – Can GCs get law firms to collaborate on tech?”

The last word: New order

As part of our technology special, we canvass the experts and ask where the legal start-up market is headed

Most will fail

‘1,400 legal tech companies are not going to succeed. This is the normal curve for any disruption of an industry: we’re going to see failures and people abandoning software, you’re going to see a consolidation phase. I see some of these failures freaking people out, but that’s normal. Lawyers have to understand in early-stage entrepreneurship most companies don’t make it. Failure is not investing in a little company that went under; it’s the portfolio not generating an overall great return.’
Dan Jansen, chief executive, Nextlaw Ventures Continue reading “The last word: New order”

UK Outlook sponsored briefing: ‘Hodl’, ‘Hit the moon’, ‘Lambo’, ‘Miners’

Brown Rudnick

Brown Rudnick’s Jane Colston considers asset tracing and enforcement across the blockchain

As comedian John Oliver recently said: ‘Cryptocurrencies and blockchain [are] everything you don’t understand about money combined with everything you don’t understand about computers.’ Continue reading “UK Outlook sponsored briefing: ‘Hodl’, ‘Hit the moon’, ‘Lambo’, ‘Miners’”

UK Litigation Outlook sponsored briefing: Three is a crowd! The rise of third-party funding in international arbitration

Eversheds Sutherland

Eversheds Sutherland assesses the key issues of using third-party funding in international arbitration

The use of third-party funding (TPF) has been a hotly debated topic in the international dispute resolution community for some time, with all signs pointing to its continued growth. The funding market appears to be on a constant expansion trajectory, with the number and geographic diversity of funders increasing, and new funders continuing to enter the market. Continue reading “UK Litigation Outlook sponsored briefing: Three is a crowd! The rise of third-party funding in international arbitration”