Latham & Watkins
34 Experts
9 Contributions by Latham & Watkins
PRACTICE NOTES
This Practice Note has been assessed against the new Arbitration Act 2025 and remains aligned with it.
Grounds for challenging jurisdiction by non–participation—AA 1996, s 72
Under section 72 of the Arbitration Act 1996 (AA 1996), a party that does not engage in the arbitral process may dispute the existence of a valid arbitration agreement, the proper composition of the tribunal, or the scope of the issues referred to arbitration under the agreement, ie questions of substantive jurisdiction (AA 1996, s 30(1)).
Such objections are brought before the English court seeking a declaration, an injunction, or other suitable relief. Section 72 AA 1996 is mandatory, so the parties cannot exclude it by agreement (AA 1996, Sch 1). The availability of this right to non-participants has consequences for those seeking pre-award judicial determinations on jurisdiction...
Arbitration
PRACTICE NOTES
This Practice Note now mirrors the changes made to the Arbitration Act 1996 by the Arbitration Act 2025 (AA 2025). References to the AA 1996 are to the statute in its amended form. For further information see: Arbitration Act 2025 commencement and transitional provisions. This Practice Note considers anti-suit injunctions (or ASI(s)) granted by the courts of England and Wales (England and English are used as shorthand) in support of ongoing arbitration proceedings, and explains how and when they might be invoked to restrain breaches of an arbitration agreement.
Restraining breach of an arbitration agreement
As a private, consensual process, disputes agreed to be subject to arbitration are to be decided by an appointed arbitral tribunal, not national courts. Nevertheless, when confronted with an arbitration (or the possibility of one), a party, for various reasons, may seek to commence litigation in national courts in order to avoid the
Arbitration
PRACTICE NOTES
Updated to reflect amendments to the Arbitration Act 1996 (AA 1996) introduced by the Arbitration Act 2025 (AA 2025), this Practice Note treats all references to the AA 1996 as references to the Act in its amended form. The AA 2025 took effect on 1 August 2025.
Arbitration Act 2025 commencement and transitional provisions
Practice Note: AA 1996—challenging an arbitral tribunal's jurisdiction in court (pre-award)—procedure (s 32)
Practice Note: AA 1996—challenging and appealing arbitral awards in the English court
The Note explores the grounds on which an arbitral tribunal's substantive jurisdiction can be disputed before an award is made, under the AA 1996 in force in England, Wales and Northern Ireland.
The principle of kompetenz-kompetenz
AA 1996, s 30(1) embeds the principle of kompetenz-kompetenz (also termed competence-competence) in English arbitration law...
Arbitration
PRACTICE NOTES
This Practice Note now reflects the changes introduced by the Arbitration Act 2025. All references to the AA 1996 are to that legislation as amended, and applied consistently throughout this updated guidance note. Before any award is made, a party may contest an arbitral tribunal’s substantive jurisdiction by applying to the tribunal under section 31 of the Arbitration Act 1996 (AA 1996) or to the court under AA 1996, s 32. Section 1A, added by the AA 2025, clarifies that an application under s 32 is confined to issues that have not yet been determined by the tribunal (s 32(1A))...
Arbitration
PRACTICE NOTES
This Practice Note offers practical guidance on the use of statements of case and memorials exchanged between parties in international arbitration proceedings.
Statements of case and memorials—definitions and differences
In English litigation, the statements of case are the formal written pleadings that articulate the parties’ positions on principal facts and the law. They typically contain succinct statements of the claims advanced or defences pleaded, the core facts relied upon, and the relief requested, and they generally avoid expansive legal argument. Such statements are ordinarily filed on their own, without supporting witness statements, expert reports, or substantial documentary material. Responsive statements of case tend to adopt the layout of the earlier document so that, for example, a defence will usually cross‑refer to, and answer, each sentence or paragraph of the particulars of claim in sequence. Indeed, it can be difficult to understand a defence unless it is read
Arbitration
PRACTICE NOTES
Unilateral option clauses defined
Unilateral option clauses are dispute resolution provisions in contracts that confer on a single party, or a subset of parties (but not everyone), the ability to choose between arbitration or court proceedings to settle a dispute. They are also known as one-sided, non‑mutual, asymmetrical or sole option clauses. Such a clause affords the freedom to pick the dispute resolution mechanism best suited to the circumstances of the matter. They appear frequently in finance agreements, where a lender aims to preserve flexibility to recover sums due and otherwise uphold its rights against a buyer who has failed to meet its obligations. Unilateral option clauses sit within the family of hybrid dispute resolution clauses—see Practice Note: Types of dispute resolution clauses—litigation, mediation, multi‑tier, hybrid and carve‑out clauses for further detail. Note: judgments from non‑UK jurisdictions mentioned in this Practice Note are not
Arbitration
PRACTICE NOTES
This Practice Note reviews how unilateral option clauses are dealt with across these jurisdictions: China, England and Wales, France, Germany, Hong Kong, India, Italy, Japan, Malaysia, Russia, Singapore, Spain, the UAE and the United States of America. It should be considered alongside the Practice Notes, Unilateral option clauses—an introduction, and Types of dispute resolution clauses—litigation, mediation, multi‑tier, hybrid and carve‑out clauses. Note: LexisNexis® UK does not report every international judgment.
China
The position under Chinese law remains uncertain, and the judicial stance remains unsettled at present. Article 16 of the 1994 Arbitration Law of the People’s Republic of China stipulates that an arbitration agreement must, inter alia and among other matters, express the parties’ intention to submit to arbitration to resolve disputes. Accordingly, there is apprehension that Chinese courts may refuse to uphold unilateral option clauses, on the footing that they do not embody the
Arbitration
PRECEDENTS
This settlement Agreement is made on [ date ]
Parties
[ Name of entity ], a [ type of entity ] with [ type of liability ] formed under the laws of [ jurisdiction ] with its registered address at [ address ] and with company number [ company number ] ( Party 1 ); and
[ Name of entity ], a [ type of entity ] with [ type of liability ] formed under the laws of [ jurisdiction ] with its registered address at [ address ] and with company number [ company number ] ( Party 2 ), each a ‘ Party ’ and together the ‘ Parties ’.
Recitals:
A dispute has arisen between the Parties [ add relevant detail to give context to the dispute ] (the Dispute ).
On [ date ], Party 1
Arbitration
PRECEDENTS
This Confidentiality Agreement is dated [ date ]
Parties
[ Name of entity ], a [ type of entity ] incorporated under the laws of [ jurisdiction ], having its registered address at [ address ] and company number [ company number ] (Party 1); and
[ Name of entity ], a [ type of entity ] incorporated under the laws of [ jurisdiction ], having its registered address at [ address ] and company number [ company number ] (Party 2),
each a Party and, collectively, the Parties.
Whereas:
On [ date ], Party 1 initiated arbitration proceedings against Party 2 (the Arbitration). On [ date ], the tribunal, comprising [ arbitrators ], was constituted (the Tribunal).
[ Provide further background information available to give context to this agreement, including a brief description of the arbitration, the
Arbitration
12 Contributions by Latham & Watkins Experts
PRACTICE NOTES
What is digital health?
Digital health is a broad umbrella describing how information and communication technologies are used to enhance prevention, diagnosis, treatment, monitoring, and the management of health conditions and lifestyle habits that influence wellbeing. Its rise reflects the coming together of healthcare and technology, and a move away from provider‑focused, ‘one size fits all’ delivery towards personalised, patient‑centred care.
This Practice Note explores data protection considerations across three digital health use cases:
Wearables
Use of artificial intelligence (AI) in medical diagnostics
Digital health records
Unlike mobile health (mHealth), which is limited to care delivered via mobile devices, digital health is wider in scope. It encompasses modern care models such as digital therapeutics, telemedicine, digitised health systems and electronic health records, as well as AI, machine learning and data analytics. For more on mHealth, see Practice Notes: Digital
Life Sciences
PRACTICE NOTES
This Practice Note looks at Regulation (EU) 536/2014, the EU Clinical Trials Regulation (CTR), which governs clinical trials in the EU.
It outlines the principal features of the CTR that trial sponsors and pharmaceutical businesses need to understand in practice and keep in view for compliance, and to keep abreast of. Taking effect on 31 January 2022, the CTR applies directly across every EU Member State and the EEA, marking the most significant overhaul of the EU’s clinical trial legal framework since 2001, and is now in force without exception. Its reach is truly global: any interventional study conducted even in part within an EU Member State or the EEA must follow this regime throughout the entire trial life cycle, at all times, from start to finish. Because the UK had exited the EU before it became operative, the CTR does not extend to Great
Life Sciences
PRACTICE NOTES
What are pharmaceutical incentives?
In the EU, protection mechanisms and incentives for medicinal products, grouped under the term pharmaceutical incentives (PIs), are in place. PIs comprise legislative measures that give originator pharmaceutical companies (originators) a degree of advantage over companies selling medicines with the same active substance at far lower prices (generic or biosimilar companies)-ranging from market protection (MP), through extensions of patent rights, to several years of market exclusivity for a medicinal product.
Rationale behind PIs
PIs were introduced in the EU to encourage and support originators in discovering and developing new medicinal products. While innovation and discovery typically require considerable time and financial investment, only limited effort is needed to use the knowledge generated afterwards. When a generic or biosimilar company reproduces an invention, it often does not bear the substantial research and development (R&D) costs of creating it and can therefore sell the
Life Sciences
PRACTICE NOTES
ARCHIVED :
This Practice Note is archived and not maintained. It gives guidance on tax reliefs available to British films and television programmes made or in development before 1 April 2025. From 1 January 2024, a new tax credit, the audiovisual expenditure credit (AVEC), replaced the prior regime. Productions made, or still in development, before 1 April 2025 can continue to claim the old reliefs until 31 March 2027. New productions beginning on or after 1 April 2025 can claim only AVEC. This Note focuses on the former scheme, not AVEC; for AVEC, see Practice Note: The UK film and television audiovisual expenditure credit scheme. In the UK, creative sector tax reliefs under the Corporation Tax Act 2009 (CTA 2009) apply to British films and television programmes.
This Practice Note covers:
the creative sector tax reliefs introduced by the Finance Act 2014;
TMT
PRECEDENTS
1
In this [ clause ], for clarity, 2021 EU SCCs refers to module one (controller to controller) of the standard contractual clauses contained in Commission Implementing Decision (EU) 2021/914. The [ Importer Party ] must meet the data importer’s obligations, and the [ Exporter Party ] must meet the data exporter’s obligations, as described in the 2021 EU SCCs, which are hereby incorporated into and constitute part of this Agreement...
EU Law
PRECEDENTS
1
Within this [ clause ], 2021 EU SCCs refers to module three (processor to processor) of the standard contractual clauses contained in Commission Implementing Decision (EU) 2021/914. The [ Importer Party ] shall fulfil the data importer obligations, and the [ Exporter Party ] shall fulfil the data exporter obligations, as set out in the 2021 EU SCCs, which are hereby incorporated into and constitute part of this Agreement...
EU Law
PRECEDENTS
1
In this [ clause ], 2021 EU SCCs refers to module four (processor to controller) of the standard contractual clauses set out in Commission Implementing Decision (EU) 2021/914. The [ Importer Party ] shall adhere to the data importer’s obligations, and the [ Exporter Party ] shall adhere to the data exporter’s obligations, set out in the 2021 EU SCCs, which are hereby integrated into and constitute part of this Agreement...
EU Law
PRECEDENTS
1 In this clause 1, UK Addendum refers to the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses (version B.1.0) published by the United Kingdom’s Information Commissioner, as it may be amended, revised or superseded from time to time. The [ insert defined term for party, eg Supplier ] must fulfil the Importer’s duties, and the [ insert defined term for party, eg Customer ] must fulfil the Exporter’s duties, as described in the UK Addendum, which is incorporated by reference and constitutes part of this Agreement. Within the incorporated UK Addendum: 1.1 the complete legal name, [ trading name (where different from legal name) ] , principal address, and official registration number of both the Importer and the Exporter are as recorded in [ insert where set...
Information Law
PRECEDENTS
1
In this [ clause ], 2021 EU SCCs refers to module two (controller to processor) of the standard contractual clauses specified in Commission Implementing Decision (EU) 2021/914. The [ Importer Party ] must fulfil the data importer’s duties, and the [ Exporter Party ] must fulfil the data exporter’s duties, as further detailed in the 2021 EU SCCs, which are hereby incorporated by reference and form part of this Agreement...
EU Law
PRECEDENTS
STOP PRESS:
On 15 January 2026, the Information Commissioner’s Office issued updated UK GDPR guidance on international transfers, including advice on ‘appropriate safeguards’ (see: LNB News 16/01/2026 10). It confirms the UK Addendum can be concluded in any manner that renders it legally binding and enforceable, and clarifies how Part 2 (Mandatory Clauses) of the UK Addendum can be incorporated by reference by inserting specified wording into the contract. This Precedent is being revised to align with that guidance.
For clause 1, UK Addendum means the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses (version B.1.0) issued by the United Kingdom’s Information Commissioner. The [insert defined term for party, eg Supplier] must meet the Importer’s obligations, and the [insert defined term for party, eg Customer] must meet the...
Information Law
PRECEDENTS
1
For the purposes of this clause 1, “UK Addendum” refers to the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses (version B.1.0) issued by the United Kingdom’s Information Commissioner, as amended, updated or replaced from time to time. The [ insert defined term for party, eg Supplier ] shall fulfil the Importer’s obligations, and the [ insert defined term for party, eg Customer ] shall fulfil the Exporter’s obligations, as detailed in the UK Addendum, which is incorporated into and forms part of this Agreement.
1.1 Within the incorporated UK Addendum, the full legal name, [ trading name (where different from legal name) ], principal address and official registration number of the Importer and the Exporter are as set out in [ insert where set out in this Agreement ], and the Start Date is [ insert, eg ‘the date of this
Information Law
PRECEDENTS
1 In this [ clause ], UK Addendum refers to the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses (version B.1.0) published by the United Kingdom’s Information Commissioner, as may be amended, revised or substituted from time to time. The [ insert defined term for party, eg Supplier ] must fulfil the Importer’s obligations, and the [ insert defined term for party, eg Customer ] must fulfil the Exporter’s obligations, as described in the UK Addendum, which is hereby incorporated by reference and forms part of this Agreement. In that incorporated UK Addendum: 1.1 the full legal name, [ trading name (where different from legal name) ] , principal address and official registration number of the Importer and the Exporter are as stated in [ insert where set...
Information Law
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