Welcome to the latest edition of our quarterly disputes newsletter, which covers key developments in the dispute resolution world over the last three months or so.
The last quarter has seen a raft of interesting developments across the areas in which we operate. We are likely soon to see reforms to the Arbitration Act 1996 come into force, aimed at ensuring that this jurisdiction remains an attractive choice of arbitral seat. We also continue to see the consequences of the Supreme Court's recent decision in PACCAR on the enforceability of certain litigation funding arrangements (on which our firm acted), play out in the lower courts. Interesting decisions continue to bubble up in the world of corporate disputes, with the raft of section 90A and/or Schedule 10A of FSMA decisions currently before the courts throwing up a challenge to the longstanding principle that a company can only assert privilege against its shareholders in limited circumstances. And finally, the long tail of Italian swaps cases continues to play out in the financial markets disputes arena, generating an important Court of Appeal decision this month.
Closer to home, this edition also represents my last as Head of Dispute Resolution, before I hand over the baton to Heather Gagen in the new year. Both Heather and I hope that you continue to enjoy reading this round-up, whether a litigator by trade or a generalist, and whether in-house or in private practice, and that you will share it with any of your colleagues who may also find it useful. We also send you our best wishes for the holiday season, and a very happy new year.
Download: Dispute Resolution Round-up - December 2023
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