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Jul 31, 2024 | 
mondaq.com | Sam Prentki |Stephen Moi |Pablo Ferrante |Gabriela Sakamoto
Our 10th Eye on Emerging Markets is a
bumper edition with articles on Argentina, India and Mexico, as
well as blue bonds and sovereign immunity. Last but not least is
the latest Africa focused facility agreement published by the LMA
last week.
Mayer Brown has been working in emerging markets for decades
across multiple practices and regions, helping our clients to
navigate the unique challenges and opportunities associated with
doing business in different markets.
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Jun 26, 2024 | 
building.co.uk | Sam Prentki |Havin Jagtiani
Our series turns to the subcontinent, where potential uncertainty over arbitration has recently cast a shadow over this land of legion construction opportunities
India is now the world’s most populous country (at 1.4 billion people), has the fastest-growing economy (at 7.5%) and infrastructure construction is a priority. Road and rail production in particular has surged in recent years, with 10,000km of roads added every year since 2018.
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Apr 8, 2024 | 
mondaq.com | Sam Prentki |Raid Abu-Manneh |Kwadwo Sarkodie |Alanood Sinjab
In a recent Scottish decision, FES Ltd v HFD
Construction Group Ltd [2024] CSOH 20, the Court of
Session, Scotland's Supreme Civil Court, held that under the
SBCC Standard Building Contract with Quantities for use in Scotland
("SBCC")recovery of loss and expense is
conditional upon compliance with notification provisions.
This decision is important for those with contracts based on JCT
Standard Building Contract, 2016 Edition
("JCT Standard Form").
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Nov 23, 2023 | 
lexology.com | Raid Abu-Manneh |Sarah Garvey |Rachael O’Grady |Luiz Aboim |Kwadwo Sarkodie |Jawad Ahmad | +5 more
On 7 November 2023, King Charles III made his first King's Speech in which he set out Rishi Sunak's Government's upcoming legislative programme. One significant announcement was that the Government's intention to introduce an Arbitration Bill (the “Bill”) to fine-tune the UK’s Arbitration Act 1996 (the “1996 Act”) in this Parliamentary session (due to end on 19 December 2023).
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Oct 2, 2023 | 
mondaq.com | Raid Abu-Manneh |Rachael O’Grady |Sam Prentki |Kwadwo Sarkodie
On 20 September 2023, the UK Supreme Court (the
"Supreme Court") handed down an
important judgment clarifying the proper approach to applications
under section 9 of the Arbitration Act 1996 (the
"Act").The judgment arises
inRepublic of
Mozambique("RoM")
v. Privinvest Shipbuilding SAL (Holding) &
Ors1 – the long-standing
litigation over an alleged c.
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Sep 29, 2023 | 
mondaq.com | Raid Abu-Manneh |Rachael O’Grady |Stephen Moi |Sam Prentki
The Law Commission of England and Wales (the "Law
Commission") has published its Final Recommendations to reform the
Arbitration Act 1996 (the "Act"), with
an accompanying draft Arbitration Bill (the
"Arbitration Bill"). There are six
"major initiatives"1 proposed by the
Law Commission in addition to minor amendments.
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Sep 19, 2023 | 
mondaq.com | Dany Khayat |Kwadwo Sarkodie |Luiz Aboim |Sam Prentki
On 19 February 2023, the African Union Heads of State adopted
the Protocol on Investment to the African Continental Free Trade
Area Agreement ("AfCFTA").
Although the text of the Protocol on Investment itself is not at
present accessible to the public, this overview analyses the
provisions of the final
draft (referred to as the "Draft Protocol").
The AfCFTA Investment Protocol promises to usher in a new era
for African investment.
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Sep 13, 2023 | 
mondaq.com | Raid Abu-Manneh |Menachem M. Hasofer |Stephen Moi |Sam Prentki
On 6 September 2023, the Law Commission of England and Wales
("Law Commission") published a Final Report outlining its recommended
reforms to the Arbitration Act 1996 (the
"Act"), with an accompanying draft Bill. The Final Report
recommends a "few major initiatives", including
the introduction of a new statutory, default rule that the
arbitration agreement will be governed by the law of the
seat ("Default Rule"), unless the
parties expressly agree otherwise.
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Aug 18, 2023 | 
mondaq.com | Raid Abu-Manneh |Sam Prentki |Stephen Moi |Rhys Morgan
The English Commercial Court has refused to enforce an arbitral
award made in a JAMS arbitration seated in California on the basis
that it would be contrary to UK public policy under section 103(3)
of the Arbitration Act 1996 (the "Act"),
as enforcement of the award would breach English consumer
protection legislation and financial regulation (each of which have
the status of UK public policy). Payward Inc v.
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Aug 16, 2023 | 
lexology.com | Raid Abu-Manneh |Stephen Moi |Rhys Morgan |Joseph A. Castelluccio |Mark Leeds |Ondrej Hajda | +2 more
The English Commercial Court has refused to enforce an arbitral award made in a JAMS arbitration seated in California on the basis that it would be contrary to UK public policy under section 103(3) of the Arbitration Act 1996 (the "Act"), as enforcement of the award would breach English consumer protection legislation and financial regulation (each of which have the status of UK public policy). Payward Inc v.
