Monthly Archives: January 2021

Day 21 of Signature’s Slide Show series – 2020 has been the year of diversity and ecology

Lucy Greenwood’s Green Pledge was granted the Global Arbitration Review award for the best development.

Jan 30, 2021

Partner Elliott Phillips ranked again in the Private Client Global Elite Directory

We are pleased to announce Partner Elliott Phillips has been selected this year for the Global Elite Directory 2021.

Jan 29, 2021

Arbitral Tribunals Beware: Better Keep an Eye on Potential Corruption Involving Consent Awards – Flore Poloni & Nicolas Brooke

Partners Flore Poloni and Nicolas Brooke examine in the Kluwer Arbitration Blog the recent Paris Court of Appeal ruling in relation to the dispute involving the State of Libya and French company, SORELEC.

Jan 29, 2021

Day 20 of Signature’s Slide Show series – How has the pandemic impacted the arbitration market?

The London Court of International Arbitration (LCIA) announced a record number of cases (+10% compared to 2019).

Jan 29, 2021

COVID-19 – another avant-garde decision by Britain’s highest court – Hermès Marangos

Partner Hermès Marangos examines in The Times the recent UK Supreme Court ruling on business interruption insurance and its impacts in relation to businesses and the wider insurance industry as a result of the COVID-19 pandemic.

Jan 28, 2021

Day 19 of Signature’s Slide Show series – The activity of the “new” International Commercial Chamber of the Paris Court of Appeals (ICCP-CA) in 2020

Amongst the 13 decisions rendered by the ICCP-CA in 2020, one clarifies the extent of arbitrators’ duty of disclosure relating to information which can be accessed by the parties

Jan 28, 2021

Day 18 of Signature’s Slide Show series – How do US sanctions against Iran fit in French international public policy?

The Paris Court of Appeal’s decision of 3 June 2020 clarifies how United States sanctions fit in French international public policy.

Jan 27, 2021

Taking the law into their own hands: how investors are using litigation to achieve ESG impact – Sylvie Gallage-Alwis

Partner Sylvie Gallage-Alwis comments in Responsible Investor in relation to how litigation can be used as an ESG tool to achieve social and environmental impact in 2021.

Jan 27, 2021

Day 17 of Signature’s Slide Show series – How to enforce an insufficiently clear arbitral award in England

On 22 April 2020, the High Court firmly indicated that an insufficiently clear award could not be enforced by withdrawing an enforcement order.

Jan 26, 2021

Day 16 of Signature’s Slide Show series – Can discovery be used in support of arbitration proceedings?

This powerful tool of US civil procedure allowing access to the opposing party’s documents (including – and most importantly – adverse documents) can be used before foreign and international tribunals (pursuant to 28 USC 1782).

Jan 25, 2021

UK’s financial regulator rapped following LCF collapse – Paul Brehony, Abdulali Jiwaji and Johnny Shearman

Paul Brehony, Abdulali Jiwaji and Johnny Shearman examine the report into the FCA / London Capital & Finance (LC&F) and its failures to effectively regulate and supervise LC&F and what this means for the FCA.

Jan 25, 2021

January 2021 Day 15 of Signature’s Slide Show series -The Yukos awards revived

The difficult enforcement of the 50 billion dollar Yukos awards has also known developments in 2020: on 18 February, the Hague Court of Appeals reversed the 2016 annulment decision rendered on grounds that the arbitral tribunal lacked jurisdiction.

Jan 24, 2021

Day 14 of Signature’s Slide Show series – Where to enforce an award in 2021?

Since their accession to the 1958 New York Convention, you may now go to Ethiopia, Palau, Seychelles, Sierra Leone and Tonga to seek enforcement and recognition of arbitral awards rendered by a tribunal seated in a signatory State.

Jan 23, 2021

Johnny Shearman comments in Law360 re Damages Based Agreements

Johnny Shearman, Head of Knowledge and Legal Services, comments in relation to the recent Zuberi v Lexlaw judgment regarding Damages Based Agreements, in Law360.

Jan 22, 2021

Day 13 of Signature’s Slide Show series – Must third party funding be disclosed?

The answer is yes for arbitration proceedings under the 2021 ICC rules.

Jan 22, 2021

Day 12 of Signature’s Slide Show series – How to join a third party in arbitration proceedings?

The 2021 ICC Rules facilitate joinder of third parties during proceedings (Article 7, paragraph 5): parties are allowed to submit requests for the joinder of third parties once the arbitral tribunal has been appointed or confirmed.

Jan 21, 2021

Class actions and insurance: another shock of the year 2020 or an unfinished reform? – Emmanuèle Lutfalla and Simon Fitzpatrick

Partner Emmanuèle Lutfalla and Legal Assistant Simon Fitzpatrick discuss the arrival of the new European directive on collective actions, as well as its implications for insurers, in La Gazette du Palais. 

Jan 20, 2021

Day 11 of Signature’s Slide Show series – What should a cyber protocol include?

A cyber protocol is an agreement entered into by the parties notably before a virtual hearing.

Jan 20, 2021

EU Rule Presents New Medical Device Compliance Hurdles – Sylvie Gallage-Alwis

Partner Sylvie Gallage-Alwis and principal Marta Villarraga at Exponent Inc discuss how the EU Medical Device Regulation 2017/745[1] of the European Parliament and of the Council of April 5, 2017, will soon become fully applicable, providing for a new legal framework for manufacturers, distributors and notified bodies of medical devices. They will further provide practical tips for manufacturers to consider as the countdown is almost over, in Law360. 

Jan 19, 2021

Day 10 of Signature’s Slide Show series – Arbitration will not be used as a means to endorse a corruption agreement

The red flags – or circumstantial evidence – test is now clearly established as the Paris Court of Appeal’s preferred means of looking at whether enforcement of an award will give effect to a corruption agreement in the French legal order.

Jan 19, 2021

Day 9 of Signature’s Slide Show series – Did you know it is possible to force someone located in the UK to be a witness in arbitration proceedings seated abroad?

In practice, this means that in the context of arbitration proceedings seated in Paris, one may seek the support of English courts if a potential witness located in England refuses to cooperate.

Jan 18, 2021

Day 8 of Signature’s Slide Show series – What are the amendments to the Swiss international arbitration law applicable from 1 January 2021?

These amendments are welcome as they enhance the legislation’s readability. They prove Switzerland is one of the major hubs for arbitration.

Jan 17, 2021

Day 7 of Signature’s Slide Show series – Is there an arbitrator’s duty of disclosure in English law?

In its 27 November 2020 decision, although the Supreme Court did not recuse the arbitrator, it clearly set out the arbitrator’s duty of disclosure under English law.

Jan 16, 2021

Arbitration courts: beware of the trap of an absence of corruption allegations – Flore Poloni and Nicolas Brooke

Partners Flore Poloni and Nicolas Brooke discuss the setting aside of an arbitral award by The Paris Court of Appeal calling on the Libyan state to pay 452 million euros to the French company Sorelec, ruling that the underlying contract had been obtained due to corruption. They examine concerns over evidentiary standards relating to corruption allegations and analyse how far the arbitration court should have gone to uncover the alleged history of the contract, in Le Monde du Droit. 

Jan 15, 2021

ICJ Equatorial Guinea Ruling Could Alter Diplomatic Relations – Olivia Flasch

Associate Olivia Flasch discuss the issuing of the International Court of Justice’s final judgment in the case of Immunities and Criminal Proceedings (Equatorial Guinea v. France) and how the judgment against Equatorial Guinea bolsters anti-corruption efforts but may complicate the future of diplomatic relations.

Jan 14, 2021

Day 5 of Signature’s Slide Show series – Enka Supreme Court decision

In its Enka decision of 9 October 2020, the UK Supreme Court clarified the law applicable to the arbitration agreement. 

Jan 14, 2021

Day 4 of Signature’s Slide Show series – What are the latest developments on intra-EU Bilateral Investment Treaties (BITs)?

In its Achmea decision of 2018, the ECJ found that arbitration proceedings based on intra-EU bilateral investment treaties were incompatible with EU law.

Jan 13, 2021

Day 3 of Signature’s Slide Show series – The ICC sets a new threshold for expedited arbitration proceedings

Amongst the many modifications of the ICC Rules, the new threshold for application of the expedited proceedings shows the efficiency of such proceedings.

Jan 12, 2021

The Disclosure Pilot Scheme: top 3 decisions from 2020 – Johnny Shearman

Johnny Shearman, Head of Knowledge and Legal Services, examines his top 3 decisions from 2020 that dealt with the Disclosure Pilot Scheme and looks to 2021 as a pivotal year for the the Pilot.

Jan 12, 2021