In recent times, a lot has been said and written in favour of, or against, transparency in international commercial arbitration. The transparency discussion has thus far culminated in the promulgation of the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration and the new policy adopted by the International Chamber of Commerce (ICC) International Court of Arbitration to publish certain information on arbitrators also in commercial arbitration. According to the ICC Court website, the new policy is ‘aimed at enhancing the efficiency and transparency of arbitration proceedings’. Parties can opt out of this limited disclosure and can request the ICC Court publish additional information about their case. The new rules and policies promoting transparency in arbitration seem to be an attempt by the ICC Court and others to address the increased criticism launched against arbitration in recent times as being an inefficient means to resolve disputes.
Continue reading “Niederer Kraft & Frey: Does transparency make arbitration more efficient?”
It really does have it all, yesterday’s Apple story. But you don’t want to read 5,000 words and I don’t want to write them. So let me focus on the bits I think are interesting or important.
Continue reading “Guest post: The Apple story – a wider perspective”
Last week the government published a consultation document which took two big steps to tackle two different, but related, problems. The first addresses misbehaviour by taxpayers who tend to hear what they want to hear and disregard the rest. Continue reading “Guest post: Tax avoidance penalties – a few notes of caution”
So, as anticipated, our new prime minister has favoured punishing disloyalty over rewarding competence and sent Michael Gove and his ambitious, compassionate prison reforms to the naughty back benches. Yesterday morning (July 14) brought a transfer-deadline-day-style frenzy to Legal Twitter, anticipation and trepidation converging as rumours and supposition threw up name after name as possible new secretary of state for justice and Lord Chancellor.
Continue reading “Guest post: The new justice secretary – does it matter that she’s not a lawyer?”
The law firm Mishcon de Reya is bringing an action to force the Prime Minister, whoever she (or just conceivably he) may be, to obtain parliamentary approval before issuing that all-important article 50 notification.
Continue reading “Guest post: Don’t abuse the Brexit litigants – their action shows we live in a free country”
Brexit and the outlook for sports law
Sport is a multibillion-dollar global industry on a permanent growth trend. Football, that opiate of the masses, is the fastest growing sector of all. The European football market, says Deloitte, will exceed €25bn by 2017. While we may gasp at FC Barcelona’s record-breaking £120m-a-year deal with Nike, and at the fact that Sky and BT paid £5.1bn for three seasons’ worth of TV rights for the beautiful game, we know next year there will be another, bigger deal and more companies vying for opportunities to promote themselves across the world. For every sport there is a new record to be broken both on and off the field.
Continue reading “IP UK”
Forget about the online petition. We do not have government by petition, particularly not when we don’t know how many of the online signatories are even British, or are duplicates, or computerised bots or in some other way bogus. No matter how many signatures the petition garners it will not result in a re-run of the referendum, and nor should it.
Continue reading “Guest post: The referendum now poses a serious threat to Parliamentary Sovereignty”
The ‘in-out’ referendum on the question of the UK’s membership of the European Union (EU) which has dominated the political and business agenda in the UK for the last six months, has resulted in a majority of voters (on a turnout of approximately 72%) preferring the UK to leave the EU.
Continue reading “Guest post from Herbert Smith Freehills – Brexit: After the vote”
If you click here you can see a link to the Electoral Commission list of donations to referendum participants arranged by size.
Continue reading “Guest post: The tax position of out campaign funders”