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What are the key rules of LCIA Arbitration? If you plan to commence arbitration in the LCIA, you must be aware of the following: The appointment of Arbitrators is by the LCIA Court; however, parties can agree to make a nomination. There is a presumption in favour of a sole Arbitrator. A Tribunal can be […]
What is a Freezing Order? A Freezing Order is an interim injunction issued by the Court to prevent assets from being dealt with or disposed of by the Respondent. Assets that can be frozen, including bank accounts, shares, investments, land and property, such as art, cars etc. Why would someone apply for a Freezing Order? […]
In international business, drafting Arbitration Agreements that can withstand the complexities of cross-border sanctions is akin to constructing a legal fortress. Arbitration Agreements play a pivotal role in protecting a company’s commercial interests by providing a framework for resolving disputes quickly, confidentially, and cost-effectively. However, sanctions against countries such as Iran and Russia present unique […]
In February 2024, the High Court was faced with an extraordinary case in which an Arbitration Award and the Arbitration Agreement were fabricated. The facts of the case, Contax Partners Inc BVI v Kuwait Finance House (KFH-Kuwait) & Ors, are concerning, especially for the future as AI and Large Language models (LLMs) become increasingly sophisticated. […]
Cryptocurrency Regulation Overview The volume of crypto transactions grew by 550% in 2021, which is indicative of the rapid expansion of the market. However, alongside this, the level of crypto crime hit $14 billion according to a report by Chainanalysis. It is, therefore, unsurprising that the Financial Conduct Authority has labelled cryptoassets as ‘very high […]
Administration is an insolvency procedure whereby an ailing company is able to be reorganised in such a way that it can primarily be “rescued as a going-concern” or secondarily have its assets realised in such a way that a better result could be achieved for its creditors than if the company were wound-up straight away.
One of the most stressful situations that a company director can face is their business becoming insolvent. With the worry of fighting to keep the organisation from falling into administration or being wound up, it is easy to forget that directors’ duties remain applicable. In fact, the risks and responsibilities increase when a company is […]
This piece focuses on how complying with directors’ duties fits into good corporate governance. Before we begin discussing corporate governance, let’s remind ourselves of the directors’ duties under 172 of the Companies Act 2006, namely: To act within powers. To promote the success of the company. To exercise independent judgment. To exercise reasonable care, skill, […]
A Shareholders’ Agreement is a vital legal document designed to protect the interests of a company and its shareholders. Drafted by experienced shareholder dispute solicitors, this agreement ensures transparency, outlines decision-making processes, and provides a framework for resolving disputes. It also demonstrates to potential investors that your business is well-managed and stable. For startups, establishing […]
