Flux meaning

With political and legal backdrops across key jurisdictions in flux, parties to international arbitration are choosing their seats with ever greater care, while calibrating risk accordingly. As these shifts recast procedural expectations, both parties and practitioners sensibly regard the seat named in arbitration clauses as a pivotal choice, shaped by evolving political conditions and factors such as legal certainty and stability, and perceived neutrality. Indeed, selecting the arbitral seat is among the most consequential decisions when drafting agreements, given its far‑reaching effects for the process and outcome. Chief among those effects are identifying the applicable lex arbitri (which governs procedure) and determining which courts of the chosen seat will aid enforcement of the arbitration agreement and hear any annulment, or set‑aside, proceedings once an award has issued. Several global developments are poised to influence selections of arbitral seats in 2026, including Mexico’s judicial reform and the entry into force of the revised English Arbitration Act, for many parties. Mexico's judicial reform In 2025, Mexico became the first nation...

In this issue: Arbitration in England and Wales International arbitration Institutional and ad hoc arbitration Other arbitration and ADR-related news and developments LexTalk®Arbitration: a Lexis®Nexis community Daily and weekly news alerts New and updated content Useful information Arbitration in England and Wales Disclosure of confidential arbitration documents to facilitate policing of an undertaking The High Court of England and Wales, in Bourlakova v Edelweiss Investments Inv [2025] EWHC 3085 (Ch), directed the production of materials connected to a Moscow arbitration in which the respondent, Edelweiss, participated. Although the relevant arbitral rules required confidentiality, (i) recognised exceptions applied; and (ii) in any event, disclosure carried no realistic prospect of criminal prosecution. Weighing the issues, the court held that confidentiality concerns were surpassed by the potential jeopardy to Edelweiss’ assets arising from an arbitral award, particularly given the strong policy in favour of enforcement of arbitral awards under the New York Convention. See News Analysis: Disclosure of...

What do online services likely to be accessed by children need to consider? The ICO issued a refreshed Opinion on age assurance for the Children’s Code in January 2024, a little over two years after the initial publication. The updated document emphasises that this field is fast-moving, still advancing and in flux, with the recent growth in AI use and the commencement of the OSA 2023 driving changes to the earlier text. Although Ofcom will oversee the OSA 2023, Ofcom will draw upon the ICO’s work undertaken since the Children’s Code was first produced, and the two regulators have been—and continue to be—working closely together on these matters. Between the first and revised editions, the ICO shaped its guidance through focus groups and engagement with innovators, specialists, technologists and organisations. It also carried out voluntary audits, reviewing how online services recognise risks to children, and ran research projects. The alterations set out in the Opinion mainly reflect progress in technology, the OSA 2023 and the heightened deployment of...

EU external border governance has been in continual flux, driven in particular by the exceptional influx of refugees, irregular migration, and the digitalisation of control mechanisms. A closer look at amendments to the Schengen Borders Code also makes clear how lessons from the coronavirus (COVID-19) pandemic have shaped its evolution over recent years. The EU’s principal aims here include progressively creating an integrated management framework for the external frontiers, strengthening backing for migration management, intensifying action against cross-border crime, and bolstering national authorities to improve internal security. The ‘EU Migration and Asylum’ policy forms a significant strand of external border control more broadly. Nevertheless, this Practice Note does not examine that policy; instead it concentrates on the general Schengen visa regime, the core instruments and platforms already deployed—the Visa Information System (VIS) and the Schengen Information System (SIS)—and those still awaiting operation—the Entry/Exit System (EES) and the European Travel Information and Authorisation system (ETIAS). Background information To begin with, when considering the EU cross-border control architecture and its...

Australia—ACCC publishes guidance on the transition to a new merger control regime and consults on draft merger assessment guidelines This month has seen the Australian Competition and Consumer Commission release three sets of guidance ahead of the commencement of Australia’s new merger regime, as well as the annual amendments to merger control thresholds in Italy. Several developments followed: the Australian Competition and Consumer Commission (ACCC) issued three sets of guidelines in advance of the new Australian merger regime; and the Australian Treasury released an exposure draft for consultation, which sets out the merger notification thresholds announced on 10 October 2024. Transitional guidelines Over the next 12 months, Australia’s merger clearance process will be in a state of flux as the system shifts from the current voluntary approach, through a transition phase from 1 July 2025, to a mandatory regime from 1 January 2026. On 4 March 2025, the ACCC issued guidance on the move to a new merger control...

This one-minute guide outlines the principal provisions of the Fourth Anti-Money Laundering Directive (EU) 2015/849 (MLD4), as updated by the Fifth Money Laundering Directive (EU) 2018/843 (MLD5). Across Europe and the UK, anti-money laundering (AML) and counter-terrorist financing (CTF) frameworks under the amended MLD4 are in flux. You can follow these shifts in AML/CTF/CPF—timeline of EU legal and regulatory developments for financial services. For relevant practical direction, see: Financial crime and sanctions (EU Law)—overview. For UK updates, consult AML/CTF/CPF—timeline of UK legal and regulatory developments for financial services and Anti-money laundering and counter-terrorist financing (AML/CTF)—overview. Background to MLD4 The Fourth Money Laundering Directive (EU) 2015/849 (MLD4) was approved by European Parliament on 20 May 2015, took effect on 25 June 2015, and set the foundation for the European Union’s AML/CTF framework. It superseded the Third Anti-Money Laundering Directive (2005/60/EC) (MLD3) together with the associated implementing Directive (2006/70/EC)...