Tom Cummins

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Articles

UK Supreme Court maintains anti-suit injunction in support of arbitration agreements

Oct 7, 2024 | ashurst.com | Tom Cummins |Amy Cable

On 18 September 2024, the Supreme Court issued its unanimous full judgment in UniCredit Bank GmbH v RusChemAlliance LLC, in which it maintained a final anti-suit injunction prohibiting Russian court proceedings brought by RusChemAlliance LLC (RCA) against UniCredit Bank (UniCredit) in direct contravention of an arbitration agreement between the parties (see our previous article following the Supreme Court's announcement of its decision in April 2024).
Do sanctions excuse a confirming bank from making payment? -the English Court of Appeal has its say.

Jun 19, 2024 | ashurst.com | Tom Cummins |Sophie Law

The interaction between international sanctions and contractual obligations is an issue which English courts are increasingly being asked to determine. In the most recent example of this, the Court of Appeal has overturned the High Court's decision by finding that the UK's Russia sanctions regime did prevent a confirming bank from paying out under a letter of credit.
Russian sanctions: arbitration agreements and the Russian "home advantage"

May 28, 2024 | lexology.com | Tom Cummins |Amy Cable

BackgroundSanctions imposed on Russian persons and entities as a result of Russia's invasion of Ukraine in 2022 continue to have a significant impact on commercial relationships. In a previous article, we looked at some key questions arising in the context of international arbitration of Russia-related disputes and we touched on the difficulties which may arise when one of the parties to an arbitration is subject to, or impacted by, sanctions.
Russian sanctions: arbitration agreements and the Russian "home advantage"

May 28, 2024 | ashurst.com | Tom Cummins |Amy Cable

Sanctions imposed on Russian persons and entities as a result of Russia's invasion of Ukraine in 2022 continue to have a significant impact on commercial relationships. In a previous article, we looked at some key questions arising in the context of international arbitration of Russia-related disputes and we touched on the difficulties which may arise when one of the parties to an arbitration is subject to, or impacted by, sanctions.
Maximising the benefits of AI in transport

May 22, 2024 | paconsulting.com | Tom Cummins |Viraf Avari

Customer satisfaction is at an all-time low for many organisations. Some sectors have been impacted worse than others, with transport faring among the three worst performers in the UK, according to recent research. Against this context, the growth of AI technologies poses opportunities for transport organisations to deliver improved reliability, safety and more personalised services to help improve satisfaction.
EU adopts Corporate Sustainability Due Diligence Directive (CS3D)

Apr 29, 2024 | lexology.com | Rob Hanley |Will Chalk |Lorraine Johnston |Eleanor Reeves |Tom Cummins |Florian Drinhausen | +3 more

Key takeawaysThe CS3D requires in-scope companies to adopt a responsible and sustainable approach to global value chains. Companies must adopt a risk-based due diligence policy to identify and assess actual or potential adverse human rights and environmental impacts.
Powering change- Technologies fuelling the future - Chapter 1

Feb 27, 2024 | lexology.com | Michael Burns |Dan Brown |Katie Williams |Derk Opitz |Bree Miechel |James Clarke | +3 more

Find out more about Lexology or get in touch by visiting our About page. RegisterTo view this article you need a PDF viewer such as Adobe Reader. If you can't read this PDF, you can view its text here. Go back to the PDF. GlobalFebruary 27 2024The need to rapidly accelerate the transition to cleaner energy is now more important than ever. At last year’s COP28 conference in Dubai, member states agreed a deal that called on all nations to make the transition away from fossil fuels.
UK carbon border adjustment mechanism (UK CBAM) to be implemented by 2027

Jan 15, 2024 | lexology.com | Paul Miller |Tom Cummins |James Nierinck |Eleanor Reeves |Harvey Weaver

On 18 December 2023, as part of a package of consultations and responses on carbon leakage and the UK ETS, the UK Government announced that it will introduce a UK CBAM by 2027. The UK Government's December 2023 response1 to its March 2023 consultation on potential policy measures to mitigate carbon leakage risk has confirmed it will introduce a UK Carbon Border Adjustment Mechanism (UK CBAM) by 2027.
Board Priorities 2024: Greenwashing

Jan 10, 2024 | lexology.com | Tom Cummins

The focus on sustainable business means that companies have been alive to "greenwashing risk" for a while. But what was previously seen primarily as a reputational issue is increasingly being looked at through a legal lens. There has been high profile regulatory enforcement and litigation in jurisdictions like the United States and Australia. The EU and UK are strengthening consumer protection legislation in a way which will make it easier to hold greenwashing companies to account.
Are Transition Plans at risk of greenwashing claims?

Nov 27, 2023 | lexology.com | Becky Clissmann |Marianna Kennedy |Christopher Eberhardt |Tom Cummins

IntroductionGreenwashing has become a key area of focus for regulators, investors and consumers around the world in recent years. This has led to an uptick in regulatory enforcement action and climate litigation concerning green claims.