UK: English High Court provides welcome guidance for policyholders in FCA Business Interruption Insurance test case

http://www.twobirds.com/en/disputes-plus/shared/articles/2020/uk/english-high-court-provides-welcome-guidance-for-policyholders

On Tuesday 15 September, the English High Court published its highly anticipated judgment in the FCA's expedited business interruption insurance test case, The Financial Conduct Authority v Arch and Others [2020] EWHC 2448 (Comm). Lord Justice Flaux and Mr ...

16 September 2020

Allegation of fraud cannot be used to defraud an arbitration agreement – Indian Supreme Court's ruling on arbitrability

http://www.twobirds.com/en/disputes-plus/shared/articles/2020/singapore/allegation-of-fraud-cannot-be-used-to-defraud-an-arbitration-agreement-indian-supreme-courts-ruling

The Indian Supreme Court, in Avitel Post Studioz Limited & Ords v HSBC PI Holdings (Mauritius) Limited ("Avitel"),1 has clarified that only "serious allegations of fraud" would take a dispute outside the ambit of an arbitration clause. Same set of facts ...

24 August 2020

Schrems II judgment: Privacy Shield invalid, SCCs survive, but... what happens now?

http://www.twobirds.com/en/disputes-plus/shared/articles/2020/global/schrems-ii-judgment-privacy-shield-invalid-sccs-survive-but-what-happens-now

Our team of subject matter experts examine the much anticipated Schrems II judgment delivered on 16th July 2020 by CJEU, centering around the use by organisations of data transfer agreements to transfer personal data to countries outside the EU.

16 July 2020

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

http://www.twobirds.com/en/disputes-plus/shared/articles/2020/uk/coronavirus-and-business-interruption-bi-insurance

The COVID-19 pandemic has caused substantial and widespread disruption to businesses across the UK, preventing many from operating in their entirety. Consequently, business owners may look to recover some of their losses by claiming under their business ...

09 July 2020

What effect might the UK’s Business interruption insurance test case have on similar cases over coverage in Hong Kong

http://www.twobirds.com/en/disputes-plus/shared/articles/2020/global/uks-business-interruption-insurance-test-case-have-on-similar-cases-over-coverage-in-hong-kong

The United Kingdom's conduct regulator for insurers (and its intermediaries), the Financial Conduct Authority (the "FCA"), is seeking a court declaration to resolve contractual uncertainty in business interruption ("BI") insurance cover (the "Test Case"). In ...

29 June 2020