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COMMERCIAL DISPUTE RESOLUTION


THE LATEST DISPUTE RESOLUTION NEWS AND ANALYSIS




TOP STORIES

UK TO JOIN MEDIATION CONVENTION



Mediators and legal leaders welcomed the Ministry of Justice’s decision to join
the Singapore Convention, after it published a consultation citing the financial
benefits of mediation and the country’s desire to remain an international
dispute resolution centre.



Andrew Mizner | 03/03/2023

FRIDAY ROUND-UP: STATESIDE HIRING SPREE CONTINUES APACE



US-based law firms announce a raft of coast-to-coast partner appointments, with
high-end government and judicial experience at a premium.



Rob Harkavy | 03/03/2023


LATEST NEWS

DLA PIPER ADDS DIRECTOR DUO TO SA OFFICE



The London-headquartered firm has added to its litigation and regulatory team,
alongside its corporate practice.  



Natasha Doris | 03/03/2023

PROMOTIONS AT ANKURA AND BURGES SALMON



Three US-based disputes practitioners have risen to senior managing director at
the professional services consultancy, while a health and safety lawyer has
become a partner after nearly a decade at the English law firm.



Robert Li | 03/03/2023

FUNDING FOUNDER RETURNS WITH SOCIAL NETWORK



A new marketplace aims to close the gap between third-party funders and clients,
and marks the return of one of the UK’s funding pioneers.



Andrew Mizner | 02/03/2023

CHANGE AT THE TOP FOR OMNI BRIDGEWAY



The listed third-party funder’s CEO will retire in October, to be replaced by
its current CIO for EMEA.



Robert Li | 02/03/2023

NY ANTITRUST LAWYER RETURNS TO O’MELVENY



A former FTC trial lawyer has left a contentious boutique to rejoin O’Melveny in
New York.



Robert Li | 02/03/2023

PINSENT MASONS WELCOMES LONDON ARBITRATION PARTNER



The firm has hired a seasoned specialist to co-lead its investor-state dispute
and public international law team.  



Natasha Doris | 02/03/2023

DISPOSING OF THE DOUBLE-HATTING BAN



An outright prohibition of the phenomenon of double-hatting in investor-state
dispute settlement looks to have been shelved, as a working group on reforming
the framework draws closer to a conclusion.



Robert Li | 01/03/2023

TOTAL WAR?



NGOs fail to persuade French court to hold oil giant TotalEnergies to account
over environmental damage.



Rob Harkavy | 01/03/2023

KINGSLEY NAPLEY POACHES MISHCON DE REYA PARTNER FOR NEW PRACTICE



The London-headquartered firm has launched its tax disputes and investigations
practice.  



Natasha Doris | 01/03/2023

CLYDE BOLSTERS PI EXPERTISE IN NW



A DAC Beachcroft partner has rejoined Clyde & Co in Manchester after seven years
away, bringing experience across insurance coverage, professional indemnity and
ADR.



Robert Li | 01/03/2023

ENGIE GETS READY TO ROUBLE



Engie has become the latest energy company to issue proceedings against Gazprom
over non-delivery of natural gas.



Rob Harkavy | 28/02/2023


ARBITRATION & ADR READ MORE

UK TO JOIN MEDIATION CONVENTION



Mediators and legal leaders welcomed the Ministry of Justice’s decision to join
the Singapore Convention, after it published a consultation citing the financial
benefits of mediation and the country’s desire to remain an international
dispute resolution centre.



Andrew Mizner | 03/03/2023

DISPOSING OF THE DOUBLE-HATTING BAN



An outright prohibition of the phenomenon of double-hatting in investor-state
dispute settlement looks to have been shelved, as a working group on reforming
the framework draws closer to a conclusion.



Robert Li | 01/03/2023

ENGIE GETS READY TO ROUBLE



Engie has become the latest energy company to issue proceedings against Gazprom
over non-delivery of natural gas.



Rob Harkavy | 28/02/2023

DOUGH FIRM WON’T JUS-ROL OVER BEFORE CMA



French food company Cérélia has called the UK regulator’s decision “irrational”,
“disproportionate” and “procedurally unfair”.



Rob Harkavy | 22/02/2023

LUXEMBOURG COURT ORDERS CONFISCATION OF STATE-OWNED ASSETS



Court bailiffs issue seizure orders for two units of oil company Petronas to
enforce USD 15 billion award.



Rob Harkavy | 17/02/2023

MORE MEDIATION IN CHINA



China’s ‘one-stop’ court reform and innovation initiative is bearing fruit, and
mediation is the beneficiary, according to the head of the Supreme People’s
Court’s case-filing division.



Robert Li | 16/02/2023

ICSID CASES FALL TO LOWEST NUMBER SINCE 2019



The investment arbitration institution experienced a decline in demand as the
world re-emerged from the Covid-19 pandemic.



Natasha Doris | 10/02/2023

EUROPEAN COMMISSION BACKS ECT EXIT



In a marked change of policy, the Commission has proposed the EU’s 27 member
states withdraw en masse from the Energy Charter Treaty.



Robert Li | 09/02/2023

ARIAS ASIA INTRODUCES ARBITRATION AND MEDIATION PANELS



The panels are set to take on insurance and reinsurance disputes across the
Asian markets.



Natasha Doris | 08/02/2023

LONDON FIRM SET FOR MULTIMILLION POUND PAYDAY



Success in an ICISID mining arbitration could result in a payday of up to GBP 25
million for Enyo Law.



Rob Harkavy | 07/02/2023

PARIS ARBITRATION WEEK REVEALS KEYNOTE SPEAKER



Renowned arbitration specialist Yas Banifatemi to address seventh PAW.



Rob Harkavy | 01/02/2023


LITIGATION READ MORE

TOTAL WAR?



NGOs fail to persuade French court to hold oil giant TotalEnergies to account
over environmental damage.



Rob Harkavy | 01/03/2023

'ALWAYS SPEAKING' DOCTRINE REJECTED BY SUPREME COURT IN VAT SPAT



The UK’s highest court rules that pre-2020 digital versions of newspapers do not
qualify for the VAT exemption afforded to print editions.



Rob Harkavy | 28/02/2023

SECURITIES SETTLEMENTS UP IN 2022



Following a dip attributed to the Covid-19 pandemic, securities class actions
are back in vogue and hitting new heights, with average settlement amounts
doubling in 2022, according to Broadridge’s fourth global class-action report.



Robert Li | 28/02/2023

KEEPING AN EYE ON IRELAND



Once sidelined by global law firms and multinational corporations, Ireland’s
legal sector is enjoying an unprecedented boom.



Rob Harkavy | 27/02/2023

IP FIRM TO FACE CLASS ACTION OVER SECRET COMMISSIONS



A company set up to launch a class action against Marks & Clerk has been given
the green light in the English High Court.



Rob Harkavy | 24/02/2023

GERMAN COURTS TO EXPAND ENGLISH USE



The expanded use of English in litigation proceedings and the creation of a
dedicated commercial court are but two German government proposals which would
make the country’s courts more attractive as an international dispute resolution
forum.



Robert Li | 22/02/2023

COMPETITION APPEALS TRIBUNAL REJECTS APPLICATION TO APPROVE CLASS ACTION AGAINST
META



Tribunal slams expert but permits claimant to return within six months with a
“better blueprint”.



Rob Harkavy | 21/02/2023

HYUNDAI AND KIA HIT WITH AUSTRALIAN CLASS ACTIONS



The vehicle manufacturers are being sued in Australia for alleged model defects
including power loss and engine fires.



Natasha Doris | 20/02/2023

KPMG AND OFFICIAL RECEIVER BROKER DEAL OVER CARILLION COLLAPSE



Undisclosed settlement reached over “misleading representations” related to the
collapse of Carillion.



Rob Harkavy | 20/02/2023

NEXTERA PREVAILS IN ONGOING SPAIN ENERGY SPAT



A United States court has denied Spain’s attempt to have a EUR 290 million
arbitral award set aside in a long-running investor-state energy dispute.



Robert Li | 20/02/2023

CLASS ACTION EXPOSES DOORBELL SECURITY FLAWS



Amazon-owned Ring faces accusations of wiretapping and breach of CIPA.



Rob Harkavy | 16/02/2023


COMPETITION & BUSINESS CRIME READ MORE

DEFUNCT AUSTRALIAN TECH START-UP FINED AUD 15 MILLION



Judge eviscerates directors and levies Australia’s largest-ever penalty for
corporate misconduct.



Rob Harkavy | 21/02/2023

COUNTERING CMA SCRUTINY; GET BACK TO BASICS



The UK Competition and Markets Authority has expanded its scrutiny from fast
fashion to fast-moving consumer goods, but simple adherence to fundamental
advertising law and substantiation of claims should go a long way to mitigating
disputes risk.



Robert Li | 15/02/2023

GOOGLE FACING EPIC BATTLE IN INDIA



Epic Games has asked an Indian court to ensure that the tech behemoth comply
with a previous antitrust ruling.



Rob Harkavy | 15/02/2023

DUTCH TRUCK GIANT LOSES LATEST ROUND IN TRUCKS DISPUTE



The UK Competition Appeals Tribunal has found in favour of BT and Royal Mail.



Rob Harkavy | 08/02/2023

GOVERNMENT AGENCIES RAMP UP CORPORATE REGULATION FOR 2023



Law firms and agencies in the US and UK have set the stage for a renewed wave of
corporate governance requirements in the coming year.



Natasha Doris | 03/02/2023

SFO’S OSOFSKY HAILS USD 500 MILLION FRAUD VICTORY



Two former steel company executives convicted on six counts of fraud.



Rob Harkavy | 02/02/2023

WHEN IS A GDPR BREACH NOT A GDPR BREACH?



Leading French lawyer tells CDR that the regulator’s decision is “difficult to
understand” as non-EU based company exposes privacy loophole.



Rob Harkavy | 30/01/2023

US FEDERAL GOVERNMENT SUES GOOGLE OVER AD MONOPOLY



DoJ seeks damages and demands break-up of the company, accusing the tech giant
of manipulating the market to give itself an unfair monopoly on advertising.



Rob Harkavy | 25/01/2023

GREENWASHERS BEWARE AS EUROPE FLEXES ITS LEGISLATIVE MUSCLES



The European Commission’s new anti-greenwashing proposals will provide greater
clarity to businesses, their customers and their shareholders.



Rob Harkavy | 23/01/2023

HAS META’S BUSINESS MODEL BEEN BLOWN OUT OF THE WATER?



Ireland’s Data Protection Commission has thrown the tech titan’s primary revenue
stream into doubt by issuing a EUR 390 million fine and ordering the company to
restrict its use of programmatic advertising.



Rob Harkavy | 16/01/2023

FCA CRACKS DOWN ON GUARANTY TRUST BANK FOR ANTI-MONEY LAUNDERING FAILURES



The GBP 7.6 million fine was delivered due to repeated inadequacies between 2014
and 2019



Natasha Doris | 12/01/2023


THIRD-PARTY FUNDING READ MORE

UK CLASS ACTIONS: INCREASING AWARENESS AND REPUTATIONAL RISK



Portland’s second report exploring UK attitudes to group litigation reveals such
actions have a low but rising profile, with a surprisingly high appetite for
participating in them.



Robert Li | 21/12/2021

KPMG FORENSICS VETERAN TAKES CHARGE AT FTI CONSULTING



A former department head at KPMG has been appointed as head of forensics and
litigation at FTI Consulting, while funder Augusta Ventures has appointed a
quantum expert.



Andrew Mizner | 23/07/2020

BURFORD BUYS STAKE IN LONDON LAW FIRM



The leading third-party funder Burford Capital will provide finance to a London
litigation boutique in return for a 32% stake in the firm.



Andrew Mizner | 29/06/2020

BURFORD ENDS BID TO PROVE MARKET MANIPULATION



Burford Capital has failed in its High Court bid to discover which parties
traded in its shares at the time of last year’s short attack, forcing it to drop
any further efforts to prove market manipulation.



Andrew Mizner | 27/05/2020

FOSTER’S MOVE CONTINUES LCM’S NORTHERN HEMISPHERE EXPANSION



Third-party funder LCM has hired a construction-focused arbitration lawyer with
strong ties to the Middle East, from its rival Augusta Ventures.



Andrew Mizner | 06/04/2020

LCM UNVEILS NEW THIRD-PARTY FUND



Australian litigation funder LCM has secured USD 150 million in third-party
finance as it plots a new wave of funding.



Andrew Mizner | 11/03/2020

PERSONNEL CHANGES FOR BURFORD AND HARBOUR



Third-party funders Burford Capital and Harbour Litigation Funding have changed
their management teams, with promotions and a hire respectively, while two
results gave LCM a successful end to 2019.



Andrew Mizner | 20/01/2020

WOODSFORD EXPANDS CANADIAN ARM



Three new hires have brought a range of experiences to Woodsford Litigation
Funding as it establishes a new operation in Canada.



Ben Rigby | 22/11/2019

EUROPE, MASTERCARD AND THE FUTURE OF COMPETITION LITIGATION



The implications of Brexit and the impact of the Mastercard case were among the
topics considered by four panels of lawyers, experts and academics in the
afternoon session of the CDR Autumn Competition Litigation Symposium. Part two
of a two-part report.



Andrew Mizner | 20/11/2019

THERIUM RINGS THE CHANGES



Changes in personnel and fundraising, added to success in court, suggests a
positive outlook for Therium Capital Management, as it commits greater resources
to supporting access to justice.



Ben Rigby | 31/10/2019

CDR ARBITRATION SYMPOSIUM: REFORMING THE ARBITRAL LANDSCAPE



Model Law reform, the practicalities of third-party funding, assessing the true
value of a claim, rethinking investor-state dispute settlement and a masterclass
on cybersecurity provided the afternoon’s digest of CDR’s Autumn Arbitration
Symposium. Part two of a two-part report.



Angela Bilbow | 16/10/2019


PEOPLE & FIRMS READ MORE

FRIDAY ROUND-UP: STATESIDE HIRING SPREE CONTINUES APACE



US-based law firms announce a raft of coast-to-coast partner appointments, with
high-end government and judicial experience at a premium.



Rob Harkavy | 03/03/2023

DLA PIPER ADDS DIRECTOR DUO TO SA OFFICE



The London-headquartered firm has added to its litigation and regulatory team,
alongside its corporate practice.  



Natasha Doris | 03/03/2023

PROMOTIONS AT ANKURA AND BURGES SALMON



Three US-based disputes practitioners have risen to senior managing director at
the professional services consultancy, while a health and safety lawyer has
become a partner after nearly a decade at the English law firm.



Robert Li | 03/03/2023

NY ANTITRUST LAWYER RETURNS TO O’MELVENY



A former FTC trial lawyer has left a contentious boutique to rejoin O’Melveny in
New York.



Robert Li | 02/03/2023

PINSENT MASONS WELCOMES LONDON ARBITRATION PARTNER



The firm has hired a seasoned specialist to co-lead its investor-state dispute
and public international law team.  



Natasha Doris | 02/03/2023

KINGSLEY NAPLEY POACHES MISHCON DE REYA PARTNER FOR NEW PRACTICE



The London-headquartered firm has launched its tax disputes and investigations
practice.  



Natasha Doris | 01/03/2023

CLYDE BOLSTERS PI EXPERTISE IN NW



A DAC Beachcroft partner has rejoined Clyde & Co in Manchester after seven years
away, bringing experience across insurance coverage, professional indemnity and
ADR.



Robert Li | 01/03/2023

DENTONS SECURES SPANISH DISPUTE RESOLUTION HEAD



The largest global firm has poached a Simmons & Simmons practice head.



Natasha Doris | 27/02/2023

LATHAM & WATKINS PROMOTES 23 LAWYERS TO PARTNERSHIP



The American firm elected seven dispute resolution specialists to its
partnership ranks in the US, Europe and Asia.



Natasha Doris | 27/02/2023

JENNER & BLOCK EXPANDS INTERNATIONAL ARBITRATION PRACTICE



The US firm has expanded its practice with partner hires from rival firms on
both sides of the Atlantic.



Natasha Doris | 27/02/2023

LOCKE LORD HIRES TAX CONTROVERSY CHAIR



A local Texas firm’s tax controversy practice chair has taken up a similar
position at Locke Lord’s Dallas headquarters, as the firm braces for more
enforcement in the wake of the IRS’s recent funding injection. 



Robert Li | 24/02/2023


EXPERT VIEWS READ MORE

FROM PILOT TO PRACTICE DIRECTION – DISCLOSURE REFORMS ARE HERE TO STAY



Katherine Harper of Goodwin discusses disclosure in the Business and Property
Courts.



Katherine Harper | 21/02/2023

BOWLED OUT: END OF THE GAME FOR STANFORD INTERNATIONAL BANK’S CLAIMS AGAINST
HSBC



On 21 December 2022, the United Kingdom Supreme Court handed down its decision
in Stanford International Bank Ltd (in liquidation) v HSBC Bank PLC. Oliver
Glynn-Jones, Henry Coates and Katherine Harper of Goodwin report on the ruling’s
implications.



Oliver Glynn-Jones|Henry Coates|Katherine Harper | 14/02/2023

BETWEEN ADAPTATION AND EVOLUTION



Manuel Fernandez of GSK Stockmann looks at recent events affecting Luxembourg’s
procedural law.



Manuel Fernandez | 09/01/2023

THE RISE AND RISE OF EUROPEAN CLASS ACTIONS



Richard Hornshaw, Jay Jamooji and Jordan de la Prida of Akin Gump Strauss Hauer
& Feld consider how class actions are changing the litigation landscape across
Europe.



Richard Hornshaw | 13/12/2022

CONVENTIONAL WISDOM, GREEN EDUCATION



Unravelling energy-project disputes: Alan Currie of HKA on why renewable and
thermal power plants go wrong and the importance of expert advice.



Alan Currie | 06/12/2022

DISCOVERY DEPOSITIONS IN THE CAYMAN ISLANDS: TIME TO COME OF AGE?



Alex Potts KC and Jonathon Milne of Conyers argue in favour of revisiting the
subject of pre-trial discovery by deposition in the courts of the Cayman
Islands.



Alex Potts KC|Jonathon Milne | 15/11/2022

NEW VIEWS ON ENFORCEMENT OF FOREIGN AWARDS



Matthew Brown of Conyers considers res judicata and issue estoppel in the
context of enforcement of foreign arbitral awards.



Matthew Brown | 06/09/2022

SUPPLY CHAIN DISPUTES: LESSONS FROM WAR AND PEACE



Katherine Hope Gurun of JAMS draws lessons from her own experience to give
advice on preventing and resolving supply chain disputes in times of pandemic
and war.



Katherine Hope Gurun | 01/08/2022

WHEN EMPLOYMENT CAUSES A CONFLICT OF INTEREST FOR EXPERT TESTIMONY



James Finkel of Kroll considers the public sector and private sector
considerations around conflicts of interest in expert testimony.



James Finkel | 23/02/2022

ARBITRATION: BE CAREFUL WHAT YOU WISH FOR, IT MIGHT COME TRUE



Ranse Howell of JAMS looks at changing times for dispute management and the
battle between progress and process in international arbitration.



Ranse Howell | 15/02/2022

GOING IT ALONE



Jonathan O’Mahony of Conyers takes a look at absent defendants and the effect of
amalgamation under Bermuda case law.



Jonathan O'Mahony | 20/12/2021


EXPERT VIEWS

FROM PILOT TO PRACTICE DIRECTION – DISCLOSURE REFORMS ARE HERE TO STAY



Katherine Harper of Goodwin discusses disclosure in the Business and Property
Courts.





Katherine Harper | 21/02/2023


CONFERENCES & EVENTS

13 Nov
Global Class Actions Symposium 2023

13th Nov 2023
Location | Hybrid Event: Grand Connaught Rooms, London & Online

07 Mar
Economic Crime Prevention Switzerland 2023

7th Mar 2023
Location | Switzerland

14 Mar
Economic Crime Prevention The Nordics 2023

14th Mar 2023
Location | Oslo

16 Mar
Fraud, Asset Tracing & Recovery 2023

16th Mar 2023
Location | Geneva

16 Mar
CITMA Spring Conference London 2023

16th Mar 2023
Location | London

19 Mar
The 40th IP Law Summit 2023

19th Mar 2023
Location | New Orleans, LA

19 Mar
The 34th Chief Litigation Officer Summit 2023

19th Mar 2023
Location | New Orleans, LA

29 Mar
Prague Gaming & TECH Summit

29th Mar 2023
Location | Prague

30 Mar
LSTA AND LMA JOINT LONDON CONFERENCE 2023

30th Mar 2023
Location | London

18 Apr
The Corporate Counsel & Compliance Exchange UK 2023

18th Apr 2023
Location | London

23 Apr
GAIM Ops Cayman 2023

23rd Apr 2023
Location | Cayman

24 Apr
City Week 2023

24th Apr 2023
Location | London


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CDR Magazine published by: Global Legal Group


59 Tanner Street, London SE1 3PL, UK
info@glgroup.co.uk | +44 207 367 0720

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