The Lawyer Africa Elite 2014 features an in-depth look at 46 leading independent firms’ strategies in 15 key sub-Saharan jurisdictions, as well as the views of in-house counsel from some of Africa’s largest companies... Read more
This year, The Lawyer’s annual ranking of the largest UK law firms by turnover is available as an interactive, digital benchmarking tool. For the first time this will allow you to manipulate each data set against the metrics of your choice.
A new approach needs to be taken in arbitration clauses and the construction of jurisdiction in international commercial situations, the Court of Appeal has ruled in a landmark decision.
Court of Appeal judges Lord Justices Tuckey and Longmore and Lady Justice Arden held that a line should be drawn under the existing authorities and a fresh start made.
In the lead judgment of Fiona Trust & Holding Corporation v Yuri Privalov & Ors, Longmore LJ explained that any jurisdiction or arbitration clause in an international commercial context should be construed liberally.
He wrote: "The words 'arising out of' should cover every dispute except a dispute as to whether there was ever a contract at all."
He continued that it is no longer appropriate to draw fine distinctions between different general phrases of this kind, or to give the words 'under a contract' a narrow meaning.
Christopher Butcher QC of 7 King's Bench Walk and Philip Jones QC of Serle Court, instructed by partner Stuart Shepherd from Ince & Co, acted for Fiona Trust, while Nicholas Hamblen QC of 20 Essex Street led for Yuri under the instruction of Lawrence Graham partner Imogen Rumbold.