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Briefing Notes

Standing International Forum of Commercial Courts (SIFoCC) publishes Multilateral Memorandum on Enforcement of Commercial Judgments for Money

The Multilateral Memorandum provides greater clarity on the procedures  for the enforcement of judgments worldwide. Significantly its contributors include certain states of the USA which historically has been reluctant to sign up to reciprocal enforcement obligations, arbitration awards aside. It also provides additional reassurance as to the enforcement of English court judgments given the uncertainty […]

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Druces LLP hosts an Insolvency Litigation Funding Roundtable with The Judge

On 21 May 2019 Rachel Brown, Senior Associate in our Dispute Resolution Team, hosted a roundtable session on Insolvency Litigation Funding. Katie Armstrong of The Judge (an independent insurance broker) attended the event as a guest speaker and provided attendees with a detailed insight into the funding & insurance options now available for insolvency claims. […]

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The future for UK jurisdiction after Brexit: building partnerships

Senior UK judge Sir Geoffrey Vos has spoken in Munich about the future for UK jurisdiction and English law after Brexit. He identified two preliminaries in choosing jurisdiction: do the courts serve the needs of international parties and the impact of technology. The key factors are respect for the rule of law and a high […]

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Islamic Finance Update

Islamic finance update: The arranging bank’s duty of care & the validity and enforceability of English law governed agreements in Islamic finance transactions This update considers two recent Commercial Court decisions which will be of interest and importance to parties involved in Islamic finance transactions. 1) The arranging bank’s duty of care On 7 December […]

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Enforcement issues: Taking control of goods

Recently the Commercial Court, in Midtown Acquisitions LP v Essar Global Fund Ltd & Ors [2017] EWHC 2206, considered attempts to take control of a private jet under the Tribunals, Courts and Enforcement Act 2007. The Claimants had a judgment debt of US$194m against the Defendant based on a New York judgment which was sought […]

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Standby Letters of Credit: The Court’s Approach to Enforcement

On 26 January 2017 the Court of Appeal handed down its Judgment in the case of National Infrastructure Development Company Ltd v Banco Santander SA [2017] EWCA Civ 27. The case provides a useful illustration of the Court of Appeal’s approach to enforcement of standby letters of credit and reconfirmation of the test to be […]

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Prohibitions on assignment and a victory for the Shorter Trial Scheme

The recent Commercial Court judgment in National Bank of Abu Dhabi PJSC v BP Oil International Limited [2016] EWHC 2892 (Comm) provides a useful summary of the key legal principles governing the effectiveness of assignments of contracts that are subject to prohibition clauses as well as representing a success for the Shorter Trial Scheme pilot […]

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Dispute resolution provisions – the impact of Brexit

In an article that first appeared in The In-House Lawyer Magazine, Druces lawyers Charles Spragge, Victoria Novikova and Max Palmer consider the primary European regulations relevant to dispute resolution agreements and what the position may be post-Brexit. Of all the clauses in a contract, dispute resolution provisions require perhaps the greatest degree of crystal ball gazing. […]

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