UK Dispute Resolution Update - July 2020

Our UK disputes team is delighted to send you the latest edition of our Dispute Resolution Update featuring a selection of our articles on topical issues and recent legal developments.

As you may expect, the pandemic continues to dominate the legal landscape. We have set out below some of our recent articles on the topic and these include the unprecedented government guidance on what to do with problematic contracts, the ramifications of the new Corporate Insolvency and Governance Act 2020, the FCA test case on the interpretation of policy wording in business interruption insurance policies and our tracker looking at the current status of courts across the world. We also have articles on recent developments in the arbitral world, privilege and the cross-border implications of Brexit.

We are always ready to help so please do email or pick up the phone if you would like to discuss anything with us, on COVID-19 or any of the topics raised below. You will also find copies of all our articles together with other disputes related know how on Disputes+, our easy access disputes knowledge portal. Please click here to access Disputes+.

COVID-19

UK: Government guidance urges contractual parties to act responsibly and fairly

By Victoria Hobbs and Louise Lanzkron

Corporate Insolvency and Governance Act 2020 – An overview of the main changes and how companies can use the reforms to their best advantage

by Joss Hargrave, Victoria Hobbs, Jordan Cooper and Jess Quinlan

UK: Coronavirus and Business Interruption (BI) Insurance: do you have coverage?

by Russell Williamson and Megan Curzon

Court Tracker

Our Court Tracker provides an up to date look at what's happening with the different courts in the jurisdictions we operate as a result of the pandemic. Many courts are operating remotely or with a mix of remote and physical hearings which are taking place in a socially distanced way. The tracker covers both the civil courts and also any arrangments made by specific courts dedicated to Intellectual Property actions. We have also provided live links to our sources for more detailed information.


Arbitration

Bird & Bird wins $149m judgment from the English Commercial Court for Carpatsky Petroleum Corporation against PJSC Ukrnafta

The Dispute Resolution team at Bird & Bird led by partner Sophie Eyre and assisted by associate Simona Peter, represented CPC and sought to enforce an arbitral award from Stockholm under the New York Convention in London.

The end of an era for investor-state disputes in Europe

The majority of EU Member States agree to terminate intra-EU BITs, and the EU Commission launches infringement proceedings against Finland and the UK

By Rhiannon Price and Matthew Vance

English Court of Appeal clarifies the principles to determine the law governing arbitration agreements

By Sophie Eyre and Megan Curzon


Retail & Consumer

Consumer Protection: UK grants CMA online enforcement order powers

By Victoria Hobbs and Matthew Vance


Privilege

The English Court of Appeal decision in CAA v Jet2.com may mean that not all communications by in-house lawyers will be covered by legal advice privilege

Jonathan Speed, Matthew Pack and Louise Lanzkron


Brexit - Governing Law & Jurisdiction

Cross Border Disputes – What will change and ways to mitigate your risk

By Victoria Hobbs and Louise Lanzkron

Watch - Implications for cross border disputes

Watch Bird & Bird's London dispute resolution associates Jonathan Robb and Yvanna Miller discuss the implications for cross-border disputes after Brexit. The video summarises the most important points in the article above.