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Author Archives: Christopher Wilsher
ENGLISH HIGH COURT STAYS COURT PROCEEDINGS IN FAVOUR OF ARBITRATION
The court granted a stay of proceedings under section 9 of the Arbitration Act 1996, finding a reference to “court” in the underlying contract to be a reference to the London Court of International Arbitration. The case is a reminder …
Posted in Shorter Reads
Tagged Garuda, Helice, Helice Leasing S.A.S. v PT Garuda Indonesia (Persero) TbK, High Court
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Visa & Paypal announce changes supporting cryptocurrency transactions
There have been two very important announcements in the digital assets space made over the past 24 hours: Firstly, owing to increasing demand from consumers, Visa will soon allow transactions to be settled in the cryptocurrency USD Coin (USDC). Traditionally, …
Posted in Shorter Reads
Tagged blockchain, Ethereum, Litecoin, paypal
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Furloughing: Does staying home to limit a shielding individual’s exposure to Coronavirus constitute a ‘caring responsibility’?
As vaccination rates continue to increase, it is hoped by everyone that the dilemma of whether someone living with an individual who is clinically extremely vulnerable can be furloughed or not will soon be a thing of the past. However, …
Posted in Shorter Reads
Tagged carer, CoronaVirus, employment, furlough, pandemic, shielding
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Arbitration clauses in ISDA master agreements
International arbitration is increasingly recognised as the preferred dispute resolution mechanism for cross-border derivative transactions although historically parties typically opted for litigation, even when the dispute included an international component, and with English and New York laws as traditionally the …
Posted in Shorter Reads
Tagged derivatives, ISDA, swaps
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The CMA’s Digital Markets Strategy: refreshed
The Competition and Markets Authority (CMA) has now released a refreshed version of its Digital Markets Strategy (February 2021, refresh), first published in July 2019. The updated strategy is a result of significant developments in the political and regulatory landscape …
Posted in Longer Reads
Tagged CMA, competition, digital, DMU, government
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Kim vs Kanye: Will the terms of their prenup be upheld if they divorce?
If the rumours are true Kim Kardashian and Kanye West have now “completely stopped marriage counselling” and their nearly seven-year marriage is sadly heading to the divorce courts. While some may feel that two lucky Californian attorneys are about to …
Posted in Longer Reads
Tagged divorce, Kanye West, Kim Kardashian, post nup, pre nup
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FCA fines broking firm for misleading conduct
The FCA has imposed a fine on broking firm TFS-ICAP for misleading customers in the FX derivatives market. The regulator found that between 2008 and 2015, brokers at TFS-ICAP openly carried out a deceptive practice known as “printing” trades. The …
Posted in Shorter Reads
Tagged derivatives, FCA, financial, Forex, FX, ICAP
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Fraud – Freezing orders, Norwich Pharmacal orders, and Bankers Trust orders
Freezing orders A freezing order acts to restrain a respondent from dealing with or disposing of its assets and is typically sought to preserve the respondent’s assets until a judgment can be obtained by the claimant and satisfied. Parties can …
Posted in Longer Reads
Tagged Bankers Trust orders, fraud, Freezing orders, Norwich Pharmacal orders
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Taking evidence in international arbitration – IBA rules versus the Italian and English legal systems
The choice of arbitration as a means of alternative dispute resolution allows the parties to tailor many aspects of the process to the needs of a specific dispute. This brief guide has been prepared for Italian lawyers and provides an …
Posted in Longer Reads
Tagged evidence, IBA
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The end of the Brexit transition period: what this means for your business’s data protection obligations
It’s difficult to believe we’re already in December – particularly when it feels like the world has been on pause for most of 2020 – yet here we are in the final month of the Brexit transition period. Up to …
Posted in Longer Reads
Tagged brexit, data, EEA, GDPR, personal data
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