While an agreement to settle disputes through arbitration means that the parties have contracted to have their dispute resolved away from the Courts, an aggrieved party can still (in limited circumstances) challenge an arbitral award in Court.
Following 18 months dominated by the Covid-19 pandemic, banks like other businesses might have hoped for some respite. Instead, as we come out of the pandemic banks continue to face a wide and growing range of risks which may well result in the busiest period for banking litigation since the financial crisis. This will likely …
Continue reading “What to watch – top trends and risks in banking litigation”
In recent years it has become more and more common for service providers in Cyprus, acting either as nominee directors, nominee shareholders or trustees of clients, to be the recipients of applications for the issue of disclosure orders against them in aid of foreign proceedings that are pending or will be initiated in the future …
Conventional wisdom tells us there is ‘power in numbers’, but that is not always true in litigation. While class actions are a powerful tool – particularly where damages to each injured party are relatively small – they can also be cumbersome. Class-action proceedings can take years to wind themselves through United States courts. The …
Continue reading “I want to break free: opting out of class litigation”
In Egypt, a commercial dispute arises between business entities (such as partnerships and corporations of different types) and/or merchants as defined generally under the Egyptian Commercial Law. Commercial litigation in Egypt is similar to commercial litigation in other civil law jurisdictions such as France and the rest of the MENA region in regards to both …
Introduction – The Insolvency Act 2015 Prior to the enactment of the Insolvency Act, No. 18 of 2015 (IA 2015) corporate insolvency in Kenya was governed by the repealed Companies Act (Cap. 486 of the Laws of Kenya), as read in conjunction with certain provisions of the repealed Bankruptcy Act of Kenya (Cap. 53 of …
Continue reading “The power to appoint an administrator under the 2015 Insolvency Act”
Climate change, data protection and cybersecurity litigation, as well as collective redress, are major trends and will have significant impact on key industries in Germany.
After obtaining a favourable judgment in a foreign country, one may wish to enforce the judgment in Israel. This is the case, for example, when the debtor has assets in Israel or when the successful litigant seeks to enforce compliance with the provisions of the judgment on an Israeli citizen or company. As in many …
Continue reading “Enforcement of foreign judgments in Israel”
Over the past couple of years, there have been many developments in the area of taxation domestically, at a European Union (EU) level and internationally that are relevant for in-house (tax) lawyers. This contribution highlights a selection these developments based on their relevance for in-house (tax) lawyers.
Once the preserve and a staple of US litigation, in recent years class action claims have gained traction in the English courts across a wide variety of sectors. Recent disputes have involved securities and shareholder litigation against financial institutions like RBS and Lloyds/HBOS, claims against large companies such as Tesco, actions arising out of breaches …
Continue reading “Class dismissed: the future of group litigation in the UAE”