09/23/2022
Escalation clauses in Hong Kong-seated arbitrations
If any dispute cannot be resolved amicably within sixty (60) business days of the date of the Party's request in writing for such negotiation
Court Cases
09/15/2022
Jersey Royal Court clarifies and affirms the Jersey test for rectification
This is a significant decision for trust practitioners to be aware of
09/14/2022
White & Case Files Supreme Court Amicus Brief on Behalf of the Computer & Communications Industry Association Addressing Important Class-Certification Issues
Other circuits have reached similar conclusions and most district courts follow Asacol, creating a circuit split and making the Ninth Circuit the outlier when addressing this important class-certification issue.
09/14/2022
The Supreme Court Rules in Favour of British Pensioners
The Court accepted the submissions of Canada Life in relation to the law and the authorities governing the principles to be applied when interpreting the intention of the parties at the time the documents were constituted.
09/13/2022
IAB Europe: Belgian Court of Appeal refers key questions to CJEU
The Judgment has resulted in several key questions being raised to the Court of Justice of the European Union for further determination – the outcome of these questions will be key not just to this case but also more broadly given their fundamental
09/09/2022
Hong Kong Court of Appeal Addresses the Effect of Exclusive Jurisdiction Clauses on Insolvency Proceedings
This is the first reasoned decision in Hong Kong addressing the effect of exclusive jurisdiction clauses on insolvency proceedings.
09/06/2022
Can the controllers of crypto exchanges in offshore jurisdictions be held liable for the funds stolen by crypto fraudsters through those exchanges?
One of the most significant developments from the decision stems from the Court's ruling that there was a good arguable case that Mr D'Aloia has a claim not only against the fraudsters who stole his cryptocurrency
09/06/2022
SCOTUS grants cert in FBAR penalties case
The trial court originally sided with Bittner but was reversed by the appellate court.
09/01/2022
Qualelect case ‘another cautionary tale’ regarding adjudication enforceability
This was the case in yet another matter which was brought before Judge Windell in the Gauteng Local Division of the High Court, Johannesburg, in Qualelect Investment Holdings v Belo Kies.
09/01/2022
California Attorney General’s Office Announces First Public CCPA Enforcement Action
Aggressive enforcement may be on the horizon now that businesses have had more than two years to comply with California’s landmark privacy law.
08/30/2022
Grand Court further develops insolvency test for Cayman Islands segregated portfolio companies
The test is not on all fours either with the classic formulation of the balance sheet test, or the traditional cash flow test applied in relation to the winding up of other Cayman Islands companies.
08/29/2022
Scots court issues ‘timely reminder’ on interpretation of terms in contracts
McLure remains a 40% shareholder in the company, which provides support services to the oil and gas industry.
08/24/2022
Dentons litigation team secures favorable judgment for CoBon
The ruling denied contract claims/counterclaims
08/23/2022
Hogan Lovells files amicus brief urging United States Supreme Court to reject a challenge to Colorado Anti-Discrimination Act
Website design company 303 Creative LLC seeks to offer wedding website services in Colorado but wants to refuse to provide these service to same-sex couples in violation of CADA.
08/22/2022
Change to procedure in English court could help victims of crypto fraud
Cryptocurrency fraud claims have increased in volume significantly over the last 12 to 18 months
08/22/2022
Hong Kong court: form of demand all important for call on bond
Consequently, the demand was held to be invalid and the Court of Appeal allowed the appeal and set aside the summary judgment that had been given in favour of WKCD at first instance.
08/22/2022
Keep it brief: a reminder from the Court on the benefits of brevity
“As a general matter, the expeditious production and delivery of a judgment is to be applauded, not criticised; and concision in a judgment is a quality, not a defect.”
08/19/2022
Update article – MDW Holdings Limited v James Norvill and others [2022] EWCA Civ 883
On the issue of quantum, we noted that the court ordered the Seller to pay the Buyer £382,600, representing some 30% of the amount claimed.
08/18/2022
Norton Rose Fulbright represents army officer in Military Pay Act case
The US Court of Appeals for the Federal Circuit sided with LTC Hirsch’s interpretation, overturned the lower court decision of the US Court of Federal Claims and found that LTC Hirsch met the criteria of section 14706, when properly interpreted.
08/18/2022
Snapshot: Jersey's impounder restrictions in relation to discretionary trusts
Ogier appeared for eight out of 12 of the third parties to the claim and were successful in striking out the trustee's claim for impounder under the Trusts Law.