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Articles by Liz Tout
Does the Supreme Court's ruling in Cavendish increase the likelihood of JOA forfeiture provisions being enforceable?
In November 2015, the Supreme Court took the opportunity to review and recast the English law on penalties, in Cavendish Square Holding BV v Talal El Makdessi [2015] UKSC 67. The decision has been of particular interest to the oil and gas community, where the enforceability of JOA forfeiture provisions has long been the subject of debate.
Advantage Arbitration? Will the new LCIA Rules persuade users that arbitration is preferable to litigation? | JD Supra
Six years after the last update, the London Court of International Arbitration (LCIA) has announced further amendments to its Arbitration Rules (the 2020 Rules), effective from 1 October 2020. The 2020 Rules contain important amendments that are designed to improve the efficiency of LCIA arbitral proceedings, with new tools that will further empower tribunals to make case management decisions as they see fit.
When do challenges for serious irregularity in arbitration succeed and what can you do to avoid them? | 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.
Peering into the crystal ball: will the popularity of international arbitration be diminished by the 2019 Hague Judgments Convention? | JD Supra
A key advantage of arbitration over court litigation is the widespread enforceability of arbitral awards under the New York Convention.1 Accepted by 161 Contracting States,2 the New York Convention provides parties with a degree of certainty that they may realise the fruits of their successful arbitration. By contrast, there is no comparable convention for the international enforcement of court judgments.
Supreme Court confirms Zambia environmental group claims can proceed against parent company | 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.
Remodelling bilateral investment treaties: the new Dutch Model BIT and investment treaty protections | JD Supra
JD Supra Privacy Policy 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.
Taking up the challenge: claims for serious irregularity under s.68 of the Arbitration Act 1996 | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
European investors reconsider their position following the ECJ's decision in Achmea | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Court of Appeal confirms jurisdiction over Zambia environmental damage claims against UK-domiciled parent and local subsidiary
The Court of Appeal last week upheld jurisdiction over claims by Zambian citizens arising from discharges from a copper mine. In Lungowe & Ors v. Vedanta Resources Plc & Anor [2017] EWCA Civ 1528, Jackson, Simon and Asplin LJJ dismissed appeals by Vedanta Resources Plc (a UK-domiciled company) and Konkola Copper Mines (KCM), its Zambian subsidiary, against a decision of Coulson J allowing the claims to proceed.
Cross border litigation after Brexit - what to do following the government's position paper
The UK government has published a "future partnership paper" on how it proposes to secure a framework for cross-border judicial co-operation after Brexit. Like many in its series of position papers, this is high on ambition and rather light in places on concrete details. Political and media focus has centred on the future role of the Court of Justice of the European Union and the statement that the UK, once a non-member state, will be outside the CJEU's direct jurisdiction.
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