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Articles by Christopher Jefferies
Trump 2.0 — The Return of Tariff Uncertainty in Commercial Contracts | JD Supra
The second Trump administration has implemented tariffs on imported goods into the U.S., causing potential cost increases and supply-chain disruptions for businesses. Cross-border businesses need to analyze their contracts to identify vulnerabilities and opportunities for renegotiation in light of changing tariff conditions. Key considerations include reviewing governing law, renewal terms, specific tariff terms and risk allocation provisions in contracts.
New EU Product Liability Directive Published in Official Journal | JD Supra
The countdown has begun towards the transformed European product liability landscape! The recently adopted European Union Product Liability Directive (PLD) was published in the Official Journal of the European Union today. Transposition of the PLD into domestic law of the EU member states must be completed by December 9, 2026.
European Union Adopts the New Product Liability Directive | JD Supra
The European Council adopted the EU’s new Product Liability Directive on October 10, 2024. 20 days after the new Directive is published in the Official Journal of the European Union, the law will go into effect. Member states have two years from this effective date to transpose the directive into national law. We anticipate that the current timeline of the new Directive will produce an increase in mass product liability actions around the end of 2026.
Arbitration Institution Digest (Part 4): ICDR, JAMS, SCC and HKIAC Release Caseload Statistics for 2023 | JD Supra
The American Arbitration Association–International Centre for Dispute Resolution saw an increase in its international case load in 2023 — the second double-digit year-over-year increase in a row. JAMS remains the world’s largest private alternative dispute resolution services provider, though its international case load flatlined compared to 2022.
Class Actions in Europe Reach Record Numbers | JD Supra
According to the report, 133 claims were filed in 2023 across Europe — a record number. Around 30% of claims filed were in the product liability, consumer law or personal injury space. As more EU member states implement the Representative Actions Directive, and as England continues to finesse its regime with cases proceeding through courts, this growth will likely continue at an increased pace.
International Elections Series: UK — What a Prospective New Government Means for International Businesses | JD Supra
Current opinion polls strongly suggest the Labour party will win a majority of seats in the UK’s general election on 4 July 2024, bringing an end to 14 years of Conservative party rule. While Labour’s plans are relatively modest from a fiscal perspective, a number of newly established statutory bodies will push its vision of government-guided industrial strategy focused on the green transition.
Arbitration Institution Digest (Part 3): ICC Releases Statistics for 2023 | JD Supra
In 2023, there was a 25% increase in the number of arbitration cases registered, compared to the previous year. A significant increase was seen in the number of parties from Central and Eastern Europe, North America and the Middle East. Of all arbitrator appointments made by the ICC International Court of Arbitration in 2023, 41% were women.
Arbitration Institution Digest (Part 2): LCIA Releases 2023 Annual Casework Report | JD Supra
The number of arbitration cases referred to the London Court of International Arbitration (LCIA) has increased steadily over the past decade, with the exception of a downturn during the COVID-19 era. Trends indicate that parties are claiming higher sums of money under the LCIA Rules. In a new development, the LCIA is seeing more recently concluded contracts being challenged.
International Elections Series: An EU Election Primer — Turn Right at Brussels | JD Supra
Current polling suggests that a populist coalition of right-wing parties could be on track for a majority for the first time in European Parliament (EP) history. This could have a large impact on the legal direction of the EU. Cooperation on the right should not be taken for granted, as the European People’s Party has clearly stated they will only work with pro-EU, pro-NATO and pro-Ukraine parties. This could lead to fragmentation of the right.
Arbitration Bill: Washed Out Before UK General Election | JD Supra
The Arbitration Bill — containing recommendations from the Law Commission of England and Wales — was widely publicised for its attempts to enhance and modernise the gold-standard Arbitration Act 1996. Washed-out for the time being, the Arbitration Bill will not be enacted. It will have to be re-introduced to Parliament after the UK general election on 4 July 2024. What reform (if any) is pursued as a part of any new government’s agenda remains to be seen. Wash-out.
Arbitration Institution Digest (Part 1): China, World Bank and the Netherlands | JD Supra
In the 2023 international cases accepted by CIETAC, the total amount in dispute increased 41% from the previous year. More arbitration and conciliation cases were registered with ICSID in 2023 than any year in its existence, except for 2021 and 2018. Although the number of cases brought in NAI was down almost 50%, the total amount in dispute in 2023 was almost double the amount for 2022. International arbitration statistics are back in season.
Anti-suit Injunctions, Enka v Chubb and the Arbitration Bill | JD Supra
The three recent cases followed the same fact pattern, and all concerned applications for ASIs to restrain RusChemAlliance LLC from bringing proceedings in the Russian courts in breach of arbitration agreements between the parties. In these cases, the parties did not include an express choice of law provision for the arbitration agreements themselves. ASIs were eventually granted in all three of the RusChem cases, but these cases demonstrated the need for clarity in this area.
The Czech Republic v Diag Human SE and Josef Stava: Permission to Appeal Refused | JD Supra
The Court of Appeal recently refused an application for permission to appeal a decision of the High Court concerning section 70(7) of the Arbitration Act 1996 (Act). Lord Justice Males stated that if the Court of Appeal had jurisdiction, he would have granted permission to appeal, as section 70(7) of the Act has not yet been considered at appellate level. It remains to be seen how future applications under section 70(7) will be considered in light of Lord Justice Males' comments in this case.
UK to Sign the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters ‘As Soon As Possible’ | JD Supra
Commentators observed how signing the Hague Convention was important in the absence of a comprehensive framework between the UK and EU covering civil and commercial judgments. The move also is seen as a step in encouraging the use of the UK as a forum for dispute resolution. Additionally, there was strong support for the use of a ‘registration model’, which requires foreign judgments to be registered prior to their enforcement in the UK by creditors.
Further Developments in UK Sanctions: Does Putin Control Every Company in Russia? | JD Supra
A decision in the UK’s High Court is the most recent to address the definition of ‘control’ in Regulation 7 of the Russia Regulations 2019. The case, heard earlier in November, restricts the broad interpretation given by the Court of Appeal that every company in Russia was potentially controlled by Russian President Vladimir Putin.
New English Arbitration Bill Announced in the King’s Speech | JD Supra
On 7 November 2023, His Majesty King Charles III delivered his first King’s Speech during the State Opening of Parliament. During his speech, His Majesty outlined the UK Government’s legislative priorities over the next parliamentary session. Within the 21 bills announced during the gilded ceremony was the Arbitration Bill. According to the Government: “The Arbitration Bill modernises the law on arbitration as recommended by the Law Commission of England and Wales.
The changing landscape of UK sanctions against Russia
Since the invasion of Ukraine in February 2022, the UK has been continually broadening the scope of its sanctions against Russia. What started in 2022 as restrictions on targeted industries has been steadily expanding, with a recent judgement by the UK Court of Appeal marking the most significant increase yet in the number of Russian entities that could be caught by the sanctions.
Case Update: The Federal Republic of Nigeria v Process & Industrial Developments Limited | JD Supra
The case demonstrates that even where there is a highly experienced arbitral tribunal, court intervention can still be required in high-value, complex cases and the process can still be vulnerable to serious and sustained corruption in certain circumstances.
Mozambique v Privinvest Shipbuilding: UK Supreme Court Decision on Stay of Court Proceedings | JD Supra
The ruling provides clarity on the interpretation of Section 9 and under what circumstances a stay in favour of arbitration should be granted — and likely will be considered by practitioners in other jurisdictions with similar statutory provisions. As demonstrated by this ruling, it cannot be guaranteed that disputes based around contracts that include arbitration agreements will not be heard in the public courts in certain circumstances.
First Significant UK Sanctions Judgment Handed Down | JD Supra
2023 has seen the first court rulings on challenges to the UK’s post-Brexit sanctions regime. The definition of “control” under Regulation 7 of the Russia Regulations has been interpreted widely enough by the Court of Appeal to potentially include almost every company in Russia.
Long-awaited Law Commission report suggests only minor tweaks to ‘gold standard’ of arbitration
The Law Commission of England and Wales has completed its long-awaited review of the Arbitration Act 1996. On 6 September it published its final report that set out its recommendations on how the regime governing arbitration in England and Wales should function. As foreshadowed in the first and second consultation papers released by the Law Commission, the consensus in the report was “the Act works well, and […] root and branch reform is not needed or wanted”.
England & Wales Law Commission Proposes Changes to the Arbitration Act | JD Supra
The Law Commission recommended some initiatives and several “minor corrections” for the regime governing arbitration in England and Wales. The Ministry of Justice must get the bill through Parliament before the next general election (which must happen before January 2025) or these proposals may get lost in a flurry of new priorities by any future government. The Law Commission of England and Wales has completed its long-awaited review of the Arbitration Act 1996.
UK Supreme Court Ruling Sends Shockwaves into English Litigation Funding Regime | JD Supra
The UK Supreme Court recently ruled that litigation funding agreements — which entitle litigation funders to a payment based on the level of damages recovered in the case — are damages-based agreements, subject to the much-maligned Damages-Based Agreements Regulations 2013. This ruling will have a major impact on the litigation funding industry, particularly with regard to the developing area of collective actions.
English Commercial Court Rejects Public Policy Challenge to Hong Kong Arbitration Award | JD Supra
This is the second decision by the Commercial Court in a matter of months concerning public policy challenges to arbitration awards. This case demonstrates the factors that the English court will consider when determining whether a foreign-law governed contract has a “close connection” with the UK for the purposes of the CRA 2015.
Evans v Barclays: Further Developments in Opt-Out Collective Actions in England & Wales | JD Supra
The overturning of Evans provides added impetus for wider use of collective actions, given the approval of the “opt out” mechanism. The guidance found in Evans is latest in a line of cases that develop the thinking around procedural operation, of an opt-out proceeding, particularly in the competition arena. The Evans case will now proceed as an opt-out collective action and will be remitted to the CAT for case management.
English Commercial Court Refuses Recognition and Enforcement of California-Seated Arbitration Award on Grounds of Public Policy | JD Supra
At a Glance A UK-domiciled consumer lost about £613,000 in his cryptocurrency trading account, which was governed by terms of service that referred disputes to JAMS arbitration, with the merits to be decided pursuant to California law and the U.S. Federal Arbitration Act. The arbitrator held the cryptocurrency trading platform was not liable.
Changes to Competition in European Digital Markets Landscape | JD Supra
At a Glance While the EU and UK’s legislation have similar goals, their differences bring the risk that digital companies operating in both the EU and UK will have to comply with overlapping and (sometimes) contrasting laws. The UK has decided on a more case-by-case approach, whereas the EU’s approach is that all follow the same rules.
LCIA Releases 2022 Annual Casework Report | JD Supra
At a Glance The knock-on effect of Russia’s invasion of Ukraine on energy prices and supply chains is now finding its way before arbitration tribunals. Banking & Finance international arbitrations are set to rise this year with inflationary pressure and high interest rates impacting corporates across the world. On 26 May 2023, the London Court of International Arbitration (LCIA) released its Annual Casework Report for the year 2022 (Report).
Law Commission of England & Wales Publishes Second Consultation Paper on the Arbitration Act 1996 | JD Supra
In autumn last year, the Law Commission of England and Wales published its review of the U.K. Arbitration Act 1996 (the First Paper). We outlined some of the Law Commission’s proposals in the First Paper in our update from September 2022. Following significant engagement on the First Paper, the Law Commission published a second consultation paper (the Second Paper) on 27 March 2023.
Arbitration Updates From China, Stockholm and the World Bank | JD Supra
In this continuation of updates on international arbitration trends in 2022, several additional arbitral institutions have published their annual reports, confirming a busy recovery year in the international arbitration industry. China The China International Economic and Trade Arbitration Commission (CIETAC) released its 2022 Work Report, reflecting a busy year for both Chinese domestic arbitration and international arbitrations based in China.
Brexit Update: EU and U.K. Unveil New “Windsor Framework” For Trade in Northern Ireland | JD Supra
This week, President of the European Commission Ursula von der Leyen and Prime Minister of the United Kingdom Rishi Sunak unveiled a new deal on the trading arrangements between the United Kingdom and European Union which — if put into place — will supplement the Northern Ireland Protocol. The Northern Ireland Protocol (NIP) The NIP was agreed by the EU and the U.K. Government of Boris Johnson pre-Brexit and came into force on 1 January 2021.
State AG Updates: Colorado, New Jersey, New York, Kansas, Florida, Rhode Island and AG Coalitions | JD Supra
In this edition of Faegre Drinker’s State Attorneys General Update, we discuss: The Colorado AG’s $4 million settlement with two credit unions related to auto loan GAP fees The New Jersey AG’s $27.3 million settlement with Yellowstone Capital LLC relating to allegedly unlawful lending, servicing and collection practices The New York AG’s: Suit against an auto-lender for allegedly fraudulent and deceptive lending practices Request for information from Madison Square Garden regarding its use of...
Arbitration Updates From Hong Kong, Singapore and Stockholm | JD Supra
January 27, 2023 Robert Campbell, Christopher Jefferies, James Wagner, Bryan Washburn, David Yoshimura Faegre Drinker Biddle & Reath LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: Hong Kong The Hong Kong International Arbitration Centre (HKIAC) has recently released their statistics for 2022, providing an interesting glimpse into the state of international arbitration in Hong Kong.
How to Become a Scale-Up Worker Sponsor | JD Supra
On the 22nd of August 2022, the U.K. government launched a new immigration route, the Scale-Up Worker visa.
England & Wales’ Law Commission Publishes Consultation Paper on the Arbitration Act 1996 | JD Supra
The Arbitration Act 1996 came into force on 31 January 1997. Twenty-five years later it is still the gold-standard legal framework for arbitration. On 22 September 2022, the Law Commission of England and Wales published its much anticipated “Review of the Arbitration Act 1996: A consultation paper”. The review seeks to ensure that the Act remains “state of the art” for domestic and international arbitration.
London Chamber of Arbitration and Mediation Publishes New Rules | JD Supra
The London Chamber of Commerce and Industry launched the London Chamber of Arbitration and Mediation (LCAM) in May 2020. This was a relaunch of the chamber of commerce’s original London Chamber of Arbitration, founded in 1903. The LCAM published its new arbitration rules on 1 September 2022. Arbitration is often said to be a faster and cheaper method of dispute resolution. As the LCAM puts it, arbitration is favourable as compared to court-based litigation.
Invasion of Ukraine and Related Sanctions: The Impact on Commercial Litigation in England | JD Supra
In our recent update Assessing the LCIA’s 2021 Annual Casework Report we reported that there had been a dip in the number of cases referred to international arbitration institutions in 2021. Further, the London Court of International Arbitration (LCIA) forewarned of the impact the ongoing war in Ukraine, and resulting sanctions, will have on its caseload.
Assessing the LCIA’s 2021 Annual Casework Report | JD Supra
On May 17, 2022, the London Court of International Arbitration (LCIA) released its Annual Casework Report, which provides an insight into the LCIA’s caseload in 2021.
U.S.-U.K. Dispute Over Steel and Aluminum Tariffs Resolved | JD Supra
On March 22, 2022, the United States and the United Kingdom announced a bilateral deal to resolve a three-year dispute over steel and aluminum tariffs. The announcement follows another bilateral deal reached in October 2021 between the European Union and the U.S. that eases U.S. steel and aluminum tariffs in exchange for the EU’s suspension of retaliatory tariffs directed at certain U.S.-origin goods.
Road to Enforcement: U.S.-Canada Dairy Case May be a Harbinger for Future Continental Trade Disputes | JD Supra
On January 4, 2022, a three-member dispute panel — established per the United States-Mexico-Canada Agreement (USMCA) — announced a significant decision in the ongoing trade dispute between the U.S. and Canada, finding that Canada violated the USMCA by granting preferential tariff treatment to its domestic dairy industry.
Data Transfers: U.K. Proposes New Tools and Approach | JD Supra
The United Kingdom Information Commissioner’s Office (ICO) recently launched a consultation regarding the transfer of personal data outside of the U.K. The ICO is seeking comment on its draft international data transfer agreement and related guidance. This consultation follows the U.K.’s departure from the European Union.
A New Dawn for International Data Transfers: Publication of the EDPB’s Updated Guidance on International Data Transfers | JD Supra
Last year’s European Court of Justice (ECJ) judgement in Data Protection Commissioner v Facebook Ireland LTD, Maximillian Schrems, C-311/18 (Schrems II)continues to have ramifications for cross border data transfers.
'A New Chapter’: U.S.-European Leaders Turn the Page on the 17-Year Aircraft Subsidies Dispute (At Least for Now) | JD Supra
Hailed as a “new chapter” in the bilateral trade relationship between the U.S. and the European Union (EU), both sides announced on Tuesday during a U.S.-EU summit in Brussels that a deal was reached to suspend (for five years) all tariffs emanating from the long-standing trans-Atlantic dispute over aircraft subsidies. A nearly identical deal was then reached between the U.S. and the United Kingdom (which is now operating independently post-Brexit) one day later.
Trans-Atlantic Truce: The U.S. and its European Allies Agree to Suspend Tariffs in an Effort to Resolve the Longstanding Dispute Over Aircraft Subsidies | Faegre Drinker Biddle & Reath LLP - JDSupra
Viewed by many as a crucial step in the Biden administration’s effort to “rebuild” the trade relationship with traditional U.S. allies in Europe, on March 4, 2021, the United States and the United Kingdom announced a four-month suspension of tariffs emanating from the decades-long trans-Atlantic dispute over aircraft subsidies. The announcement came just one day prior to the U.S. and the European Union agreeing to an identical suspension.
Trans-Atlantic Truce: The U.S. and its European Allies Agree to Suspend Tariffs in an Effort to Resolve the Longstanding Dispute Over Aircraft Subsidies | Faegre Drinker Biddle & Reath LLP - JDSupra
On March 5, 2021, the United States and the European Union announced a four-month suspension of tariffs emanating from the decades-long trans-Atlantic dispute over aircraft subsidies. The move comes just one day after a the U.S. and the United Kingdom announced an identical suspension.
Trade Without Tariffs: Taking Back Control of Trade?
By Melanie Wadsworth and Christopher Jefferies Trade without tariffs does not necessarily equate to free trade. UK businesses who trade with the European Union are learning this the hard way since the U.K. and EU signed the Trade and Cooperation Agreement (TCA) on 24 December 2020. The EU operates as a single trading bloc, applying the same rules and processes EU-wide.
Trade Without Tariffs: Taking Back Control of Trade? | Faegre Drinker Biddle & Reath LLP
Published Articles February 23, 2021 The World Financial Review PDF In December 2020, the United Kingdom and the European Union signed the Trade and Cooperation Agreement (TCA) to facilitate the U.K.’s divergence from EU rules during the Brexit process.
U.K. International Trade: Government Announces the U.K. Global Tariff | JD Supra
Negotiations between the United Kingdom (U.K.) Government and the European Union (EU) on their post-Brexit relationship will continue into their fourth round on 1 June, following three negotiating rounds that have so far been inconclusive. If this continues, the U.K. and EU must mutually agree by the end of June whether to extend the transition period beyond 2020.
U.K.Government Announces Plan To Fly Back British Nationals Stranded Abroad During Coronavirus Pandemic | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
U.K. Employment Update: Statutory Changes Announced In Response To Coronavirus | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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