On 4 March 2024, the UK government announced that it would introduce legislation to reverse the UK Supreme Court’s PACCAR judgment of 26 July 2023. As we explained in a previous post, that judgment held that litigation funding agreements (“LFAs”) could constitute “damages-based agreements”, meaning that many existing agreements are unenforceable unless they comply with certain formal requirements. Read more here. L’article Third-Party Funding in England & Wales: PACCAR to be Reversed but in an Uncertain Direction est apparu en premier sur LALIVE ..read more

In the wake of E.ON’s substantial damages against Spain, we look at the pitfalls facing both States and investors when policies are changed. Read more here. L’article When worlds collide – how repealing renewables incentives could infringe investment protection treaties and lead to arbitration. est apparu en premier sur LALIVE ..read more

As the EU dismantles its network of investment protection treaties among Member States, we investigate alternative avenues open to investors. Read more here. L’article Shrinking investment protection in the EU: can Swiss and other BITs act as a safety net for intra-EU investments? est apparu en premier sur LALIVE ..read more

As the UK announces its exit from the ECT, we discuss possible options open to investors. Read more here. L’article UK WITHDRAWAL FROM THE ect – WHAT NEXT FOR INVESTORS? est apparu en premier sur LALIVE ..read more

Ambitious targets for the development of offshore wind have locked horns with global inflation and other adverse events, leaving stakeholders at risk of a range of potential disputes. Read more here. L’article OFFSHORE WIND – A rise in disputes in an industry at the crossroads est apparu en premier sur LALIVE ..read more

Changes to the Swiss Data Protection Act should bring clarity for international organisations operating or based in Switzerland The revised version of the Swiss Federal Act on Data Protection (“FADP”) will enter into force on 1st September 2023, including an anticipated change to Art. 2(2) FADP Read more here. L’article International organizations and the revised Swiss data protection act: anything new? est apparu en premier sur LALIVE ..read more

A new Russian law permits excluding investors from “unfriendly” States from holding shares in significant Russian companies by transferring their interests to Russian beneficiaries. As reported previously, the Russian State is stepping up countersanctions against foreign investors from so-called “unfriendly” countries that have sanctioned Russia over the invasion of Ukraine, including the EU, the USA, the UK (including British Overseas Territories and Crown Dependencies), Canada, Australia, Switzerland, Japan, South Korea, Singapore and Taiwan. Investors from these States have faced a trilemma ..read more

A recent ruling from the English Commercial Court highlights the potential challenges faced by crypto platforms in enforcing arbitral awards in England against consumers due to public policy considerations. Read more here. L’article Payward v Chechetkin: Consumer protection trumps enforceability of crypto award est apparu en premier sur LALIVE ..read more

On 26 July 2023, the UK Supreme Court delivered its judgment in R (PACCAR) v Competition Appeal Tribunal [2023] UKSC 28, in which it held that litigation funding agreements granting funders a percentage of the claim proceeds are “damages-based agreements” within the meaning of UK legislation. Unless those litigation funding agreements comply with the formal requirements for damages-based agreements – and it is thought the majority of existing agreements on the market do not – those agreements will therefore be unenforceable. Read more here. L’article UK Supreme Court holds many litigation fund ..read more

Actions for organisational defects have become an important tool in shareholder disputes and boards should take heed that some recent decisions have taken a hard line over a lack of good governance. Read more here. L’article Corporate litigation – guidance on court measures to remedy organisational defects. est apparu en premier sur LALIVE ..read more