ADR/mediation

Recent Articles

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  19/02/2025

  England

  Claims and consequences: professional indemnity in the UK

  The UK professional indemnity insurance market is worth over £3 billion in policy premiums and has around 1.5 million policy holders. There were 792 litigated professional indemnity claims in England & Wales since 2020. We’ve been busy over the last couple of months finalising our analysis of these 792 litigated professional indemnity claims. As well as looking at the overall trends, we’ve focused on four sectors: accountancy, construction, solicitors and surveyors.Litigation trends form an important part of the PI landscape and here are a few of our findings:Solicitors have...

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  19/02/2025

  United Kingdom

  Reflections on the Third Parties (Rights against Insurers) Act 2010, 8 years later

  The Third Parties (Rights against Insurers) Act 2010 (the “2010 Act”) came into force on 1 August 2016 and replaced the Third Parties (Rights against Insurers) Act 1930 (the “1930 Act”).  Details of the 2010 Act itself can be found in our Insurance Legislation Zone – here. In summary, the 2010 Act enables a third party that has suffered loss caused by an insured who has gone insolvent to bring proceedings directly against the insured’s liability insurers. This avoids the need for the third party to litigate against the insolvent insured before it is able...

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  07/01/2025

  Singapore

  Singapore International Arbitration Centre releases SIAC Rules 2025

  The Singapore International Arbitration Centre (“SIAC”) recently unveiled the 7th edition of its Arbitration Rules, which came into effect on January 1, 2025. This update follows extensive consultation with a diverse group of stakeholders, including arbitration practitioners, businesses, in-house counsel, government representatives, and academics.The 7th edition Arbitration Rules of the SIAC (the “SIAC Rules 2025”) serves as an update to the existing SIAC Rules 2016 (the “SIAC Rules 2016”) and can be found here. This article highlights the key updates in the...

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  06/12/2024

  Switzerland

  The impact of sanctions against Russia at the enforcement stage: How to monetise awards against frozen assets in a nutshell

  Enforcement is often overlooked during the early stages of arbitration proceedings. No party, however, intends to go through the trouble and expense of an arbitration only to end up with an unenforceable award. From the outset of an arbitration, claimants and their counsel should consider whether the assets of their opponents are frozen under any applicable sanctions regime. The release of frozen assets of an award debtor to satisfy an arbitral award requires a specific authorisation from the competent authorities that is granted only under certain conditions (i.e. "Licence"). This article addresses...

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  27/11/2024

  United Kingdom

  The CJC Review of Pre-Action Protocols – Phase Two Report (Final) now published

  On 15 November 2021, the UK's Civil Justice Council (CJC) published an Interim Report initiating a consultation on pre-action protocols (PAPs).  The consultation closed in January 2022. CMS responded to the consultation with interest, given the potential impact on the legal industry and insurers/insureds alike.It is the responsibility of the CJC, through its designated Working Group (WG), to make recommendations to the Civil Procedure Rules Committee (CPRC). It is for the CPRC to accept or reject those recommendations and draft the revised PAPs.The CJC's response was published in two parts....

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  18/11/2024

  United Kingdom

  UK Supreme Court upholds anti-suit injunction in favour of Paris seated arbitration

  IntroductionThe recent Supreme Court judgment in UniCredit Bank GmbH v RusChemAlliance LLC [2024] UKSC 30 has significant implications for arbitration agreements and anti-suit injunctions. This article provides a comprehensive analysis of the judgment, its background, and its potential impact on future arbitration disputes.BackgroundThe dispute concerned performance bonds issued by UniCredit Bank GmbH (“UniCredit”) in favour of RusChemAlliance LLC (“RusChem”) to guarantee the construction of liquefied natural gas and gas processing plants in Russia. The bonds were...

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