The asymmetric approach King Pyrrhus of Epirus famously said: ‘If we are victorious in one more battle with the Romans, we shall be utterly ruined.’ He was talking in 279 BC about the large number of soldiers he had lost in the battle of Asculum, but today he could just as easily have been referring to …
Over the past few years in London, our disputes practice has seen a rising tide in big ticket claims against individual directors. We have also seen a similar trend across our global network and in some of the offshore jurisdictions where we have strong links with local firms.
In April last year, US-based tech services provider DXC Technology was formed following the merger of The Hewlett-Packard Company’s enterprise division with Computer Sciences Corporation. It was the ideal opportunity for general counsel Bill Deckelman to sit down with senior management and establish what the legal function should look like. ‘To put things simply, it’s …
The Polish have a somewhat colourful way of saying that something is not their problem – ‘not my circus, not my monkey’. Leaving private practice may well feel like you have escaped a zoo, but after a few days of taking over as in-house counsel it becomes increasingly clear that it is in fact your …
On 5 September 2018, the Court of Appeal re-enforced privilege as a cornerstone of a company’s protections in relation to internal investigations in The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation. This article considers the case and its practical implications, including continuing limitations on privilege and the pitfalls to avoid. The …
Continue reading “SFO v ENRC – a victory for privilege but just how far does it go?”
You are nearing the end of the discussions for concluding a contract – the obligations and rights are defined, the terms are stipulated and you are making final decisions as to how your contract will be governed. This is vital, for contracting parties are fully aware that deciding on what law will govern the agreement …
Continue reading “Selection vs sovereignty: your choice of jurisdiction clauses in Qatar”
When companies face financial difficulties in Mexico, our legislation provides a formal procedure known as concurso mercantil (insolvency) to restructure its finances and provide legal security to their creditors. This procedure is divided into two phases: i) conciliation and ii) bankruptcy or liquidation. The purpose of the conciliation phase is to achieve the continuation of …
The main focus of this article is on international arbitration in Kenya. However, we shall take a short glimpse at alternative dispute resolution methods in Kenya in this section. The use of alternative dispute resolution methods is established in the Constitution of Kenya of 2010. As a guiding principle in exercising judicial authority, Article 159(2)(c) …
Continue reading “The landscape of international arbitration in Kenya”
For a number of decades, The Bahamas has been one of a number of select jurisdictions utilised by high net worth individuals to manage their wealth. In prior times, terms such as tax evasion, and banking secrecy were, in some cases, attached to such practices. As such, these terms became increasingly stigmatic.
The arbitration landscape has changed significantly in the Kingdom of Saudi Arabia (KSA) in recent years. In this note, we will explain two important developments that have precipitated this change, namely, a new arbitration law and a Saudi centre for arbitration. New arbitration law On 24/5/1422H (corresponding to 16 April 2012), a new set of …
Continue reading “Arbitration in the Kingdom of Saudi Arabia”