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Author Archives: Christopher Wilsher
DOUBLE HATTING: DUTY TO DISCLOSE TIES BETWEEN ARBITRATORS AND EXPERTS IN INTERNATIONAL ARBITRATION
Introduction An arbitrator’s failure to disclose a professional relationship with an expert witness led an ICSID ad hoc committee (the “Annulment Committee”) on 11 June 2020 to issue a unanimous decision to annul a €128 million award against Spain in …
Posted in Longer Reads
Tagged Eiser Infrastructure Limited and Energia Solar Luxembourg
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Material Adverse Change Clauses in the Time of COVID-19
Material adverse change clauses (“MAC clauses”) are common in finance and acquisition agreements and are designed to address changes in the circumstances of one of the parties (usually the borrower or target business). For acquisitions, a MAC clause allows a …
Posted in Longer Reads
Tagged MAC clause, Material Adverse Change Clauses
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English Court of Appeal finds that the Arbitration Act s.44(2)(a) applies to third-parties
In the context of a New York arbitration, the decision in A and B v C, D and E [2020] EWCA Civ 409 concerned an application to the English court for an order under s.44(2)(a) of the Arbitration Act 1996 …
Posted in Longer Reads
Tagged A and B v C, D and E [2020]
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Coronavirus – Job Retention Bonus provides important lifeline for employers
Yesterday, 8 July 2020, the Chancellor announced a number of measures to help the UK weather the financial storm our economy is facing. Whilst perhaps for those who are fed up ‘eating in’ the most eye-catching is half price restaurant …
Posted in Shorter Reads
Tagged CoronaVirus, furlough, job retention bonus, job retention scheme
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Coronavirus and cancelled flights: refund or vouchers?
Many airlines are refusing to give refunds for flights cancelled due to the pandemic and their dire financial position and are offering vouchers instead, resulting in various national institutions enacting specific legislation to deal with this and action by consumer …
Posted in Longer Reads
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CB graduate recruitment deferred until March 2021
Due to the market uncertainty caused by COVID-19, we have taken the unfortunate decision to defer graduate recruitment for 2021/2022. We will not be accepting any further applications for training contracts for September 2021 or September 2022. Should you wish …
Posted in News
Tagged graduate, training contract
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Coronavirus lockdown Loosens: Government Announces Relaxation of Restrictions
Boris Johnson has announced a relaxation of the current regime of lockdown restrictions from Saturday 4 July when: pubs and restaurants can reopen; hairdressers and barbers can reopen; two households can meet in any setting with appropriate social distancing; some …
Posted in Shorter Reads
Tagged CoronaVirus, COVID-19, lockdown
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Coronavirus – The Code of Practice for Commercial Property Relationships may not achieve its purpose
The Government has published a new code of practice that is intended to provide guidance for landlords and tenants to encourage a swift economic recovery. The Code of Practice for Commercial Property Relationships During the Covid-19 Pandemic will be welcomed …
Posted in Shorter Reads
Tagged CoronaVirus, landlord, ode of Practice for Commercial Property Relationships, tenant
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Post-Brexit sanctions and the high net worth individual
The short answer to the first of those questions is no. At its core, the Sanctions and Money Laundering Act 2018 (‘SAMLA’), under which the British regime will operate once the UK has left the EU, is a restatement of …
Posted in Shorter Reads
Tagged brexit, HNW, SAMLA, sanction
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Is the post COVID-19 world a cashless one?
The start of lockdown in March saw the use of cash in the UK halve in a matter of days. This was spurred by the closure of shops, an increase in online sales, a shift to contactless payments and concerns …
Posted in Longer Reads
Tagged cash, contacless, CoronaVirus, payment
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