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Fondazione Enasarco v Lehman Brothers Finance is an important decision in the context of characterising which claims will fall as insolvency-derived claims.
An order has been upheld against two defendants for failing to produce adequate disclosure, resulting in judgment being entered against both for more than $7m.
Where parties to a contract wish to exclude claims for damages under s50 Sale of Goods Act 1979, said contract must contain clear and specific wording to that effect.
A recent court decision has demonstrated that if a party can establish that information is truly confidential, then it is likely to benefit from wide protection.
The pari passu clause typically provides that the bond debt will rank pari passu with other debt or, in the case of sovereigns, other external debt.
Federal Circuit affirms practice of reviewing trial judges’ patent claim interpretation rulings anew
The Federal Circuit has affirmed its practice of reviewing trial court claim construction rulings de novo, as a question of law.
European Finance Litigation Review — February 2014: litigation concerning banks’ disclosure requirements and more
This quarterly edition of the European Finance Litigation Review contains coverage of the most interesting cases and developments from across Allen & Overy’s European network.
There has been an increase in the number of investment treaty arbitrations brought by investors seeking to enforce their rights against states.
The Second Circuit has reversed the bankruptcy court that had granted recognition under chapter 15 to an Australian company that had not introduced any evidence of assets or operations in the US.
New legislation reforming the Belgian State Council, the supreme administrative court of Belgium, was published on 3 February 2014.
The commercial court considers the date at which loss should be assessed where damages are sought as a result of alleged negligent financial advice.
The English commercial court has denied an application to set aside an anti-suit injunction restraining a defendant from pursuing litigation against a claimant in an Israeli court.
This is the first ruling of this type on article 5(3) in the context of antitrust damages actions and will aid the establishment of English jurisdiction for such claims.
The Commercial Court has jurisdiction to grant security for costs against claimants seeking to enforce arbitration awards in the English court under the New York Convention.
The Provincial Court of Madrid has upheld a hybrid dispute resolution clause. The judgment is the first one in Spain that recognises the validity of hybrid arbitration clauses.
Some jurisdictions have legislation that restricts the provision of documents in support of foreign litigation.
On 5 October 2013, the government of Ecuador announced that it has established a commission to audit the majority of bilateral investment treaties (BITs) to which it is party.
Argentina has agreed a settlement relating to five investment treaty arbitration awards, made between 2005 and 2008, pursuant to which it was ordered to pay a total of over $450m.
The South African government has announced plans to limit the right of foreign investors to commence international arbitration against the government.