5 reasons you haven’t switched hotline provider…. and why maybe you should

When was the last time you thought about changing your whistleblowing hotline provider? Perhaps you’ve thought about it because of the significant cost relative to the number of actual reports you receive. Perhaps you’re frustrated with the complexities and technical challenges of offering your global employees a genuinely easy and free to use telephone reporting …

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Civil Justice Council work programme update December 2018

It has been a very busy year for the Civil Justice Council (CJC), with a number of reports due before the end of 2018. As ever, we are extremely grateful to our members for their time and the expertise they bring. Here are some updates on our main projects. Alternative dispute resolution Work on alternative …

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The DIFC as a conduit: alive and kicking… after all! (Part 2)

As I anticipated in Part 1 of this blog, recent case law precedent of the Dubai International Financial Centre (DIFC) Court of First Instance (the CFI) has revived the DIFC Courts’ role as a conduit jurisdiction for the recognition and enforcement of a domestic non-DIFC award for onward execution onshore. By way of reminder, in …

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Cybersecurity after Brexit: the arbitration perspective

Introduction It is generally accepted that Brexit will not affect the conduct of arbitration claims in London as much as other areas of law. The legal framework of arbitration in the UK is not governed by EU law and it has the benefit of the New York Convention ensuring ongoing enforceability of arbitral awards. Cybersecurity …

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The Disclosure Pilot Scheme: implications for legal technology

On 1 January 2019, a new Disclosure Pilot Scheme comes into effect in the Business and Property Courts. The pilot represents an attempt finally to kill off the zombie of default standard disclosure: the disclosure model that will not die. Context Standard disclosure has survived the Jackson reforms as by far the most popular disclosure …

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The potential incompatibility of the arbitration clause in the Brexit withdrawal agreement

As in most international agreements, the Brexit withdrawal agreement (which has been agreed at negotiators’ level but has yet to receive approval in the UK Parliament) contains a dispute resolution clause to resolve any disputes on its interpretation or application. The UK and the EU agreed to an arbitration clause, which borrows some elements from …

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Remuneration provisions for senior managers: time for a review?

Much attention is focused on the remuneration for executive directors in large UK listed companies. It receives huge media, Government and investor interest even though it concerns less than 1,000 people directly – but one theme is of wider application as it is beginning to affect UK bonus arrangements generally. This is “malus and clawback”. …

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Nottingham Forest 1 – 0 Entire Agreement

A recent decision from the Chancery court offers some helpful guidance on the interaction between entire agreement clauses and claims for misrepresentation. Many practitioners may be under the impression that an entire agreement clause has the effect of defeating a claim in misrepresentation. However, this case shows that is not necessarily the case. If parties …

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