Dispute Resolution

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Briefings in English - 2012

On 25 April 2012 the Court of Appeal, in Cape v Chandler [2012] EWCA Civ 525, upheld a High Court decision that a parent company can owe a direct duty of care to the employees of its subsidiaries when its knowledge of potential risks means that it has assumed responsibility for their welfare. (April 2012)

The UK government’s recent announcement of its plans for the enforcement of consumer law in England, Wales and Scotland is just one of many changes to come. Together, they will change how firms interact with their consumers and increase regulatory and litigation risks for consumer-facing businesses. (April 2012)

The past year has been another active one for the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) in enforcing the Foreign Corrupt Practices Act (FCPA). There have been setbacks, particularly in the prosecution of individuals, but it looks like anti-bribery enforcement efforts by the US and by prosecutors and regulators around the world will continue to be aggressive and will continue to expand. This briefing highlights trends in FCPA and anti-bribery enforcement – some continuing, some new – that all companies operating abroad should know as they plan for the second half of 2012 and beyond. (April 2012)

On March 6, 2012, the United States Court of Appeals for the Second Circuit decided Brandi-Dohrn v. IKB Deutsche Industriebank AG, No. 11-4851-cv, 2012 US App. LEXIS 4719 (2d Cir. Mar. 6, 2012). The decision provides important guidance on the applicability of US discovery laws in support of foreign and international tribunals under 28 U.S.C. § 1782. The Second Circuit reversed the lower court ruling that prevented discovery of US evidence for potential use in an appeal pending in Germany. The circuit limited the discretion of the trial court in considering not only the discoverability of evidence under foreign law, but the admissibility as well. (March 2012)

The China International Economic and Trade Arbitration Commission (CIETAC) has for many years been the leading arbitration commission for foreign-related arbitrations in China. And in recent years, its arbitration caseload has been increasing, with more cases with a foreign element. To meet this demand and to improve CIETAC’s arbitration procedure, it has recently issued revised arbitration rules. The new rules come into force on 1 May 2012, seven years after the previous edition. In this briefing we highlight the main changes in the new rules. (March 2012)

Lessons from Fukushima: can nuclear energy emerge safer than ever? (February 2012)

In this briefing, we review the Financial Services Authority’s 2011 enforcement activity and make some predictions about enforcement in the year to come. This briefing was first published on Complinet on 18 January 2012. (February 2012)

In 2011, a number of banking and financial transaction disputes were considered by the courts in the UK. In this briefing, we highlight a few of them by theme. We have, by necessity, omitted reference to some cases involving financial institutions that considered privilege, judicial review of regulatory powers and procedural issues. This briefing was first published on Complinet on 24 January 2012. (February 2012)

On June 6, 2011, the Supreme Court decided Erica P. John Fund, Inc v. Halliburton Co, holding that securities fraud plaintiffs need not prove loss causation as a prerequisite to class certification. (January 2012)

The Hong Kong Court of First Instance has upheld the long-established common law position that commissions paid by insurers to insurance brokers do not constitute an illegal secret profit unless it is in excess of what is normally paid within the insurance market. In this briefing, we look at the implications of this decision for insurance companies and agents. (January 2012)

Briefings in German - 2012

Artikel von Wolf Spieth und Maximilian Uebeleien in Neue Zeitschrift für Verwaltungsrecht, 6/2012, S. 321-325 (April 2012)

Die Eurozone durchlebt eine Staatsschuldenkrise. Besonders betroffen sind Portugal, Irland, Italien, Griechenland und Spanien. Alle Unternehmen mit wirtschaftlichen Beziehungen zu diesen Staaten, aber auch darüber hinaus, müssen sich die Frage stellen, in welchem Umfang sie von den Folgen der Staatsschuldenkrise – unmittelbar oder mittelbar – betroffen sein werden und welche konkreten Maßnahmen sie gegebenenfalls einleiten können, um drohende negative Auswirkungen zu vermeiden oder jedenfalls abzuschwächen. (Dezember 2011)

Anfang dieser Woche (31. Januar 2012) ist die Novelle der Seeanlagenverordnung in Kraft getreten. Die neue Seeanlagenverordnung gestaltet das Genehmigungsregime für Offshore-Windparks ab sofort umfassend neu. (Januar 2012)

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