Disputes

Recent Articles

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  20.03.2023

  International

  UK An­nounces it will be­come a party to the Singa­pore Con­ven­tion on Me­di­ation

  It has been announced that the UK will become a party to the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”), as an “important signal of [the UK’s] intentions to remain a world leader in this area and as a clear indication of the UK’s commitment to mediation”.The Singapore ConventionThe Singapore Convention was adopted by the UN in December 2018, opened for signatures in August 2019 and in force by September 2020. It currently has 55 signatories, 10 of whom have ratified. It creates a...

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  20.03.2023

  United Kingdom

  The Su­preme Court has held that Ukraine can de­fend USD$3 bil­lion con­trac­tu­al claim on grounds of duress

  SummaryIn a highly anticipated judgment, the UK Supreme Court has unanimously dismissed the summary judgment application made by the Law Debenture Trust Corporation plc (the “Trustee”), acting on behalf of the Russian Federation (“Russia”), regarding the Trustee’s contractual claim against Ukraine concerning the non-payment by Ukraine of Eurobonds with a nominal value of USD$3 billion (the “Notes”). The case will now proceed to trial, although Ukraine must amend its defence to: (i) focus on duress of the person or of goods resulting from the alleged...

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  17.03.2023

  Ukraine

  Ukraine ad­opts law reg­u­lat­ing com­pens­a­tion for real es­tate dam­aged by the war

  On 23 February 2023, the Ukrainian parliament passed the real-estate compensation legislation, Law of Ukraine No. 7198 “On Compensation for Damaging and Destroying Certain Categories of Real Estate as a Result of Combat Actions, Terroristic Acts, Diversions Caused by war aggression of Russian Federation against Ukraine, and State Register of Property Damaged and Destroyed as a Result of Combat Actions, Terroristic Acts, Diversions Caused by war aggression of Russian Federation against Ukraine”.The Law establishes the general legal framework for claiming and receiving compensation for...

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  17.03.2023

  International

  In­ter­Di­git­al v Len­ovo – High Court sets glob­al FRAND li­cence terms

  The UK High Court has handed down its decision in the FRAND trial of the InterDigital v Lenovo litigation. It concerned InterDigital, an American company holding patents relevant to 3G, 4G and 5G technology and Lenovo, a Chinese ‘implementer’ of that technology. Lenovo has been ordered to pay InterDigital a royalty of $138.7 million (a rate of $0.175 per cellular unit) for its use of InterDigital’s 3G, 4G and 5G patents in its products. This is only the second decision of its kind in the UK (most such cases settle out of court).In short, the Court was asked to set global terms...

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  14.03.2023

  China

  China has ac­ceded to the Hag­ue Con­ven­tion of 5 Oc­to­ber 1961 Ab­ol­ish­ing the Re­quire­ment of Leg­al­isa­tion for For­eign Pub­lic Doc­u­ments

  On 8 March 2023, the People's Republic of China (the "PRC") has (finally!) acceded to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (the "Convention").The Convention between the PRC, as the acceding state, and other member states (which will not have raised an objection; see below) will enter into force as of 7 November 2023.This constitutes a long-awaited and very positive development.Please click here to read the full article.

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  13.03.2023

  England and Wales

  The High Court ap­plies the re­vised Og­den guid­ance for the re­duc­tion factors

  The High Court has applied the new Ogden Tables’ reduction factor guidance for contingencies other than mortality in Barry v Ministry of Defence [2023] EWHC 459 (KB) for future loss. Further, the court considered the appropriate methodology for diagnosis and quantification of noise induced hearing loss and whether an individual could be held to have contributed to his hearing loss if he did not wear the hearing protection provided, appropriately. The claimant was awarded somewhat over £700,000 for noise induced hearing loss due to noise exposure during his service as a Royal Marine;...

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