Corporate and commercial disputes review

Publication November 2016

Welcome to the fourth edition of Corporate and commercial disputes review, in which we examine developments that are likely to affect our corporate clients.

Since the UK’s vote to leave the European Union in June, Brexit has become a key area of interest for companies across all industries. From a disputes perspective, we look at how Brexit could impact upon exclusive jurisdiction clauses, service of process and enforcement of judgments and see why, practically, there is likely to be little material change.

Away from Brexit, we examine several key recent cases, including decisions of the Supreme Court on illegality, retention of title and termination of agency arrangements. We also review two important decisions concerning repudiatory breach and directors’ duties.

In other areas affecting companies, we look at establishing a culture of compliance and the rules governing witness preparation in Germany.

Finally, we consider a recent landmark decision on the recovery of third party funding costs in arbitration and the possible impact for the future of this growing area.

 Will exclusive England and Wales jurisdiction clauses work after Brexit?   The impact of Brexit on English litigation: service of process and enforcement of judgments

 Supreme Court considers the irrevocability of an agent’s authority   Illegality and unjust enrichment

 Sale of good and retention of title   When is a dividend unlawful?

 Affirmation and repudiatory breach   The limits of witness preparation in German court and arbitration proceedings

 Culture and compliance – new best friends?


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