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This Checklist sets out essential steps for arbitrators to consider when deploying artificial intelligence (‘AI’) tools, or where AI is involved in arbitral proceedings. Given the fast‑moving nature of the technology and the applicable laws and regulations, please be aware that this is not a comprehensive list and should be treated as such. The Checklist is intended to provide guidance on best practice. Understanding AI Key points Notes Definition of AI Artificial intelligence refers to computer systems’ capacity to exhibit human‑like cognitive functions, such as decision‑making, planning, reasoning and knowledge representation. IBM characterises AI as technology that allows computers and machines to emulate human learning, understanding, problem‑solving, decision‑making, creativity and autonomy. WIPO portrays AI as a branch of computer science focused on building machines and systems capable of performing tasks thought to require human intelligence. Machine learning and deep learning are two branches within AI. In recent years, with advances in neural network methods and hardware, AI is commonly regarded as...

Background Statutory declarations form an essential component of insolvency processes, arising most frequently when a company proceeds by members’ voluntary liquidation (MVL) under section 89 of the Insolvency Act 1986 (IA 1986), and also when administration is commenced by an out-of-court appointment in accordance with the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 3.17. Section 20 of the Statutory Declarations Act 1835 (SDA 1835) sets out the required form of the declaration, as contained in the Schedule to that Act. Under SDA 1835, s 19, a fee is payable, the amount of which is fixed by the Commissioners for Oaths (Fees) Order 1993, SI 1993/2297. The fee is £5 for taking an affidavit, declaration, or affirmation, together with an additional £2 for each exhibit referred to therein that must be marked, or for every schedule that is required to be marked. Save for prescribing the template of the statutory declaration and making provision for the relevant fees, no further formal requirements are stipulated. Accordingly, the...

This checklist outlines practical matters to bear in mind when managing an application for alternative service where service must occur outside England and Wales. Checklist Consideration References If you seek alternative service because permitted routes, including the Hague Convention, are likely to be lengthy and drawn out, the application ought to be buttressed by the following: a formal confirmation from the Foreign Process Office describing and confirming the likely time delays for effecting service in the relevant country; detailed evidence, preferably from a locally-qualified lawyer, showing how long service ordinarily takes via standard channels, with reference to specific experience or examples where relevant; if significant delay in that jurisdiction is notorious, exhibit independent corroborative evidence to support that position. Practice Note: Alternative service—making an application—Evidence in support The courts will consider any material indicating that a defendant is attempting to evade or impede service. A claimant should carefully record and preserve such behaviour, as doing so will strengthen the...

In its press release, TPR urged trustees of smaller DC pension schemes with assets below £100m to assess if members’ interests are better served within larger schemes. Driving consolidation remains central to TPR’s three-year corporate plan, launched in May 2024. The regulator argues that smaller arrangements are more likely to exhibit weaker governance. “All savers deserve to be in schemes with strong governance,” said Gaucho Rasmussen, TPR’s executive director of regulatory compliance. “Where trustees cannot match the best in the market, on value or governance, they should consider whether moving to a better-value scheme is best for their savers.” Trustees were encouraged to prioritise value and governance when deciding...

How does the EU AI Act define AI systems? Are all AI systems subject to the EU AI Act? The EU AI Act uses the Organisation for Economic Co‑operation and Development (OECD)’s description of an AI system. It covers machine‑based systems designed to operate with varying levels of autonomy, which may exhibit adaptiveness after deployment, and which, to meet explicit or implicit aims and purposes, infer from the input they receive how to generate outputs—predictions, content, recommendations, or decisions—that can influence physical or virtual environments. The term ‘artificial intelligence (AI) system’ does not extend to AI models, including so‑called general‑purpose AI (GPAI) models. In other words, AI models fall outside this definition. ...

East Riding of Yorkshire Council as administrating authority of the East Riding Pension Fund v KMG SICAV-SIF-SA [2024] EWHC 1069 (Ch) What are the practical implications of this case? While numerous decisions explore how IA 1986, ss 220 and 221 operate, there is comparatively little guidance on what amounts to an ‘unregistered company’ and how far that concept extends. IA 1986, s 220(1) states that, for this Part, an “unregistered company” includes any association and any company, save for a company registered under the Companies Act 2006 in any part of the United Kingdom. The judgment offers a significant examination of how that wording applies to an entity that is neither an association nor a company lacking UK registration, yet which may exhibit certain corporate features. The court was invited to treat the statutory definition as non-exhaustive, the word ‘includes’ being deployed to broaden the category to capture bodies that would not naturally be read into the expression. This has practical resonance wherever an entity resembles a company in...

Hackney carriages and private hire vehicles A ‘hackney carriage’ means a vehicle authorised to ‘ply for hire’, namely to offer a taxi service and stand on taxi ranks awaiting passengers. See the Practice Note: Taxi licensing. Plying for hire without a hackney carriage licence is an offence under section 45 of the Town Police Clauses Act 1847 (TPCA 1847). Touting for car hire services constitutes an offence by virtue of section 167 of the Criminal Justice and Public Order Act 1994 (CJPOA 1994). See Practice Notes: Taxi touting or soliciting for hire, and Taxi and private hire vehicles enforcement. A ‘private hire vehicle’ is defined at section 80 of the Local Government (Miscellaneous Provisions) Act 1976 (LG(MP)A 1976) as ‘a motor vehicle constructed or adapted to seat fewer than nine passengers, other than a hackney carriage or public service vehicle, or a London cab or tramcar, which is provided for hire with the services of a driver for the purpose of carrying passengers’. A ‘private hire vehicle’ must not...

This Practice Note sets side by side and contrasts the attributes of the two most widely and frequently used deal structures for acquiring a UK public limited company (or any company subject to the City Code on Takeovers and Mergers (Code), referred to as the Code), namely takeover offers and schemes of arrangement, and explores the principal distinctions between them. This Practice Note also contains a summary table: Key advantages and disadvantages of offers and schemes; for a fuller discussion of the pros and cons, from an offeror’s viewpoint, of completing a takeover via a scheme of arrangement, see Practice Note: Schemes of arrangement—advantages and disadvantages. Offers and schemes There are two core routes to carry out a takeover of a UK public company: by means of a contractual takeover offer under section 974 (offer) of the Companies Act 2006 (CA 2006) by means of a scheme of arrangement under CA 2006, Pt 26 (scheme) Although takeovers of a UK public...

Introduction This Practice Note reviews the current Irish intellectual property framework governing artificial intelligence (AI) and machine learning in Ireland. It summarises the principal strands of IP law relevant to AI systems and models and, in particular, explores questions around IP rights in: AI inputs (eg training data) the AI system itself AI outputs What is artificial intelligence? There is no single, settled definition of AI. In general terms, it refers to the imitation of human intelligence by machines, usually computer systems. Regulation (EU) 2024/1689, the EU AI Act, defines an AI system as: ‘… a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments.’ For explanations of common terminology, see Practice Note: Ireland—Artificial intelligence—glossary of terms for legal...

Applicant: [ NAME OF WITNESS ] First witness statement; Dated: [ insert ] — Exhibit: [ XX1 ] — Court ref. no: [ INSERT COURT REF. NUMBER ] [ IN THE HIGH COURT OF JUSTICE ] Business and Property Courts [ of England and Wales ] [ in [ INSERT LOCATION ] ] [ Company & Insolvency List (ChD) ] Or [ in the County Court at [ INSERT LOCATION ] ] [ Business and Property Courts List ] Or [ in the High Court of Justice ] [ Chancery Division ] In the matter of [ INVESTMENT BANK NAME ]; in the matter of the Investment Bank Special Administration Regulations 2011; and in the matter of the Insolvency Act 1986 WITNESS STATEMENT OF [ WITNESS NAME ] I, [ witness name ], being a director [ and chairperson ] of [ investment bank name ] of [ investment bank address ], state as follows: I serve as [...

Filed on behalf of the defendant Witness Statement of [ enter the initial and surname of the witness ]. Witness statement number: [ enter the number of the witness statement relating to this witness ]. Exhibit particulars: [ enter initials and the number for each exhibit referred to ]. The statement date: [ enter date ]. [ Date of translation: [ enter date ] ]. Claim number: [ enter claim number ]. ...

Filed on behalf of the Claimant Statement of witness for [ enter initial and surname of witness ] from the [ enter name of printing company ] Order of witness statements: [ enter number of witness statement for this witness, e.g. 'First' ] Exhibit references: [ enter initials and number, e.g. ‘MXW1' ] to [ enter initials and number, e.g. ‘MXW5' ] Date: [ enter date of statement ] Claim No...