Disputes

Recent Articles

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  14/05/2024

  Hungary

  EU introduces criminal offences and penalties for sanctions violations

  Criminal offencesUnder the Directive, the following conduct constitutes a criminal offence when committed intentionally and in violation of restrictive measures or a national provision implementing restrictive measures:making funds or economic resources available directly or indirectly to, or for the benefit of, a designated person, entity or body;failing to freeze funds or economic resources belonging to or owned, held or controlled by a designated person, entity or body;enabling designated natural persons to enter into, or transit through, the territory of a EU member state;entering into or continuing...

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  13/05/2024

  Hungary

  UK's Accession to the 2019 Hague Convention to ensure enforcement of UK court judgments

  In January 2024, the UK acceded to the 2019 Hague Convention, which unequivocally permits the enforcement of UK court judgments, regardless of whether a jurisdiction clause is exclusive/symmetrical.The UK’s accession to the 2019 Hague Convention brings clarity and certainty regarding certain types of jurisdiction clauses and the enforcement of UK court judgments in other countries in the aftermath of the UK’s departure from the EU in 2020.As a reminder, prior to BREXIT on 31 December 2020, the UK through its EU membership was party to the Lugano Convention, which facilitated the enforcement...

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  07/05/2024

  International

  Energy and climate change: The most significant climate change litigation decision yet?

  In Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (application no. 53600/20), the European Court of Human Rights (ECtHR) issued arguably the most impactful and far-reaching ruling on climate change by any European court. The decision has the potential to impact individuals, businesses, and governments in a radical way by casting the law (and courts) rather than governments (and parliaments) as the ultimate body responsible for deciding whether public authority action and inaction are appropriate in the context of climate change. Furthermore, if NGOs determine that a public authority...

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  02/05/2024

  Middle East

  Dubai announces new Judicial Authority to Resolve Jurisdictional Conflicts in the Emirate

  The Ruler of Dubai HH Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE (the Dubai Ruler), has issued Decree No. 29 of 2024 on the Judicial Authority for Resolving Jurisdictional Conflicts between the DIFC Courts, namely the ‘offshore Dubai Courts’, and the various Judicial Bodies in the Emirate of Dubai, namely the ‘onshore Dubai Courts’.Decree No. 29 of 2024 supersedes all prior legislation which it may be inconsistent with, in particular it replaces Dubai Law No. 19/2016, considered below. It was published in the Official Gazette on 17...

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  30/04/2024

  United Kingdom

  Court of Appeal rejects the Abbott tests for “convenient disposal” of multiple claims in one claim form

  The Court of Appeal has overturned the tests set out in Abbott v Ministry of Defence [2023] EWHC 1475 (KB) [2023] 1 WLR 4002 in relation to determining whether it is suitable for multiple claimants to bring their claims on a single claim form.BackgroundIn Morris & Ors v Williams & Co Solicitors (A Firm) [2024] EWCA Civ 376, the defendant applied to strike out the claim form on the grounds that it was an abuse of process, or was an obstruction to the just disposal of the proceedings, or otherwise that the claim form did not comply with CPR 7.3.CPR 7.3 provides that “[a] claimant may...

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  26/04/2024

  Germany

  Interpretation vs. decision-making: Bavarian Highest Regional Court rules on power of state courts and its limits to interpret and clarify operative part of arbitral awards in recognition proceedings

  In a decision on an application for declaration of enforceability of a domestic arbitral award on agreed terms, the Bavarian Highest Regional Court (BayObLG) recently addressed the power of state courts and their limits to interpret and clarify the operative part of arbitral awards. The ruling also clarified the requirements for formal service of an application for declaration of enforceability on the respondent and on the admissibility of penalty interest.Facts of the caseIn an arbitration concerning remuneration claims for corporate finance services, the Claimant sought payment from the Respondent,...

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