Legal Practice Notes

This Practice Note explores questions of arbitral jurisdiction in the Netherlands and outlines the avenues open to a party aiming to halt court proceedings... Introduction Where litigation is commenced in the Netherlands in breach of an arbitration clause, Dutch law is, as a rule, highly supportive of arbitration. The principal regime is found in Book 4 of the Dutch Code of Civil Procedure ( DCCP), commonly known as the Netherlands Arbitration Act... Challenging the jurisdiction of the court Contesting the court’s jurisdiction is the foremost and most effective route for a party facing court proceedings brought despite an arbitration agreement. Under Articles 1022 DCCP (for arbitrations seated in the Netherlands) and 1074 DCCP (for arbitrations seated abroad), the state court seised of the dispute must declare it lacks jurisdiction if a party promptly invokes the arbitration agreement. The state courts will uphold the...

Introduction This Practice Note outlines the legal framework for enforcing international arbitral awards in Egypt. That framework is found in the Egyptian Arbitration Law (the EAL), which draws on the UNCITRAL Model Law (the Model Law) and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the NY Convention), to which Egypt is a party. Egypt ratified the NY Convention on 9 March 1959, and it came into effect through parliamentary adoption and publication in the Official Gazette on 14 February 1959. The EAL governs enforcement of all international arbitral awards, whether issued within Egypt or abroad, provided they qualify as international awards. Under EAL Article 3, an international award is one made in an international arbitration; international arbitration is identified by several tests, so the initial step is to determine what constitutes an...

ARCHIVED This archived Practice Note is no longer maintained and is provided solely for background information. In addition, certain links may not direct you to the provisions as they stood when this guidance was published. This year’s annual review reflects on the standout developments of 2017 and signals what to expect in 2018, including: the Vinyls Italia and Dexia Crediop rulings on the applicable law; details of new signatories to the Hague Convention on Choice of Courts; several Court of Justice decisions on jurisdiction agreements and broader jurisdiction issues; information on the UK opting into the draft Council Decision authorising the opening of negotiations on a Convention for the recognition and enforcement of judgments in civil and commercial matters; two Court of Appeal judgments ( Ras Al Khaimah Investment Authority v Bestfort Development LLP and Candy v Holyoake) on...

ARCHIVED : Practice Note on cryptoassets for dispute resolution lawyers This archived Practice Note surveys court rulings on cryptoassets (cryptocurrencies, NFTs), smart contracts and digital securities covering 2018–2025. It is no longer maintained and is provided for background only. For matters from 2026 onwards, see Practice Note: Cryptoassets for Dispute Resolution lawyers—illustrative decisions (2026). As cryptoassets and smart contracts evolve, legislators are likewise examining how best to facilitate the resolution of disputes arising from these novel technologies. The Note sets out, in a concise tabular overview, key and illustrative decisions of the courts of England and Wales concerning cryptoassets (cryptocurrencies, non-fungible tokens ( NFTs)), smart contracts and digital securities. For general guidance on cryptoassets for dispute resolution lawyers, see: Practice Note: Cryptoassets for Dispute Resolution lawyers Issues in cryptoasset related civil...

This Practice Note outlines key factors for marital or civil partnership agreements where the couple have cross-border ties or property. It explains the actions required to secure advice from lawyers in any other pertinent jurisdictions, how the Supreme Court ruling in Radmacher (formerly Granatino) v Granatino applies to arrangements with an international dimension, and points to consider when drafting. Initial considerations Rules on recognition and enforceability of marital and civil partnership agreements are not uniform across the world. Places where these agreements are generally upheld include Australia, Canada, New Zealand, the USA and numerous European states. For practical direction on the position in England and Wales, see the Practice Notes: Implications of pre-nuptial agreements within proceedings for financial provision and Implications of maintenance, separation and post-nuptial agreements within proceedings for financial provision. In England and Wales, an agreement must be ‘fair’ and made by both...

Gratitude is extended to fellow contributors from Squire Patton Boggs’ offices across its worldwide network. Cross-border JVs Forming cross-border joint ventures ( JVs) defies a universal template; that is, when one or more JV parties is located outside the UK and the vehicle is intended to be established overseas, bespoke structuring is essential. Ultimately, the agreement must capture the parties’ commercial bargain. That said, the legal themes flagged in this note and in the Practice Notes— Cross-border joint ventures—initial considerations; Cross-border joint ventures—management and control; and Cross-border joint ventures—taxation and funding issues—can steer the selection of jurisdiction for the JV vehicle and shape the deal, so they should be weighed at the outset to maximise the JV’s prospects. Even where a joint venture agreement ( JVA) is governed by a familiar system, for example English law, setting up a cross-border JV can surface...

ARCHIVED: This retired Practice Note reviews Acas’s advice on handling disciplinary and grievance processes amid the coronavirus ( COVID-19) pandemic, and the modifications it indicates employers might be required to adopt to apply the Acas Code of Practice on Disciplinary and Grievance Procedures (the Acas Code) so that any process remains safe, fair and reasonable. It is no longer maintained and is provided solely for background reference. The current Information Commissioner’s Office ( ICO) Employment Practices Code and its supplementary guidance have not yet been revised to reflect Assimilated Regulation ( EU) 2016/679, the UK General Data Protection Regulation ( UK GDPR) or the Data Protection Act 2018. For details of the ICO’s proposals for an Employment Practices Hub, and the consultations opened to date on draft guidance, see Practice Note: The UK GDPR and DPA 2018: key data protection issues for...

STOP PRESS The Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) obtained Royal Assent on 26 October 2023. It is designed to improve corporate transparency in the UK, mainly through Companies House reform and changes to provisions of the Companies Act 2006. It also seeks to modernise the regime for limited partnerships and grant stronger powers to tackle economic crime. ECCTA 2023 will be brought in gradually. Some provisions commenced on 4 March 2024 and may affect this content. For more information, see Practice Notes: Implementation of the Economic Crime and Corporate Transparency Act 2023 and The Economic Crime and Corporate Transparency Act 2023—tracker, notably the legislation and consultation tracker. This Practice Note focuses on the requirement for a company to produce individual accounts and for a parent company to prepare group accounts. The Companies Act 2006 ( CA 2006) sets out...

CASE HUB ARCHIVED – this archived case hub captures the position as at the judgment dated 21 May 2015; it is no longer maintained. See further: timeline, commentary and related/relevant cases Case facts Outline A reference from the German Landgericht Dortmund asked the Court of Justice for a preliminary ruling under Article 267 TFEU, in order to clarify several issues concerning the application of Regulation ( EC) No 44/2001 (the Brussels Regulation) to a competition damages action with multiple defendants where, after the claim was issued, the sole ‘anchor defendant’ reached a settlement. The Brussels Regulation lays down the core rules for fixing jurisdiction when disputes involve parties in different Member States. For competition litigation, it provides both the initial framework and the benchmark used by a court to decide whether it has jurisdiction to hear the...

CASE HUB ARCHIVED This archived case hub reflects the position as at the decision date of 5 September 2014; it is no longer maintained. See further: timeline, commentary and related/similar cases. Case facts Outline Appeal before the General Court against the Commission decision of 13 May 2011 endorsing Wendel Investissement as the purchaser of divested assets, in line with commitments arising from the conditional clearance of 7 January 2004 authorising the merger by which Lagardère obtained sole control of the assets of Vivendi Universal Publishing ( Case COMP/ M.2978— Lagardère/ Natexis/ VUP). The impugned decision followed the General Court’s annulment of the original approval of Wendel as buyer due to procedural irregularities. On 5 September 2014, the General Court dismissed the action. The case chiefly concerned procedural aspects of the divestiture, namely the suitability of the purchaser and, in particular, the need to ensure and evaluate the...

This Practice Note explores how state immunity interacts with arbitration proceedings in Sweden. For an overall primer on state immunity and arbitration, see Practice Note: State immunity and arbitration—general considerations. In addition, for Practice Notes on state immunity across multiple jurisdictions worldwide (including England and Wales), see our ‘ State immunity’ subtopic: State immunity and arbitration—overview. Introduction— State immunity and international arbitration As a general principle, Swedish courts honour state immunity for sovereign acts but not for commercial conduct. Consequently, agreeing an arbitration clause typically amounts to a waiver of immunity for arbitral and court proceedings connected to a contract. Challenges may nevertheless emerge at the enforcement stage of an arbitral award. The key issue is whether the property targeted by enforcement measures is substantially used for official functions. If so, that property is shielded. If not, state immunity cannot be relied upon, as...

This Tracker summarises decisions in which the courts have examined applications for anti-enforcement injunctions. For an outline of the governing principles when applying for an anti-enforcement injunction, see Practice Note: Anti-enforcement injunctions. Anti-enforcement injunction granted The following decisions offer insight into the court’s approach when granting an anti-enforcement injunction. Judgment and citation Federal Government of Nigeria v Williams [2025] EWHC 2217 ( Comm) For commentary, see News Analysis: Anti-enforcement injunction to prevent enforcement of an English judgment overseas ( Federal Government of Nigeria and another v Williams). Decision The court granted an anti-enforcement injunction restraining Dr Williams from taking any steps to pursue, prosecute, or advance his claim, or to seek relief, in US proceedings he had commenced to enforce a default judgment of the English courts, in circumstances where the defendants to that judgment alleged that the default judgment had been obtained by Dr Williams’ fraud......

Background to the ADCCAC The Abu Dhabi Commercial Conciliation & Arbitration Centre ( ADCCAC) acts as the arbitration arm of the Abu Dhabi Chamber of Commerce & Industry, which serves as the voice of the Abu Dhabi business community. It is an autonomous institution indeed. Operating independently, the Centre was created in 1993 to handle both local and international commercial conciliation and arbitration. Its arbitration rules were modernised in 2013 (the 2013 Regulations), coming into force on 20 October 2013 irrespective of when proceedings were initiated, aligning the framework with prevailing international arbitration practice, unlike the earlier rules that featured a number of ADCCAC‑specific characteristics. Under the Transitional Provisions (arts 40–42) of the 2013 Regulations, the 1993 Arbitration Procedural Rules were revoked, replacing the earlier regime. Cases started under the 1993 Regulations continue, but are now subject to the 2013...

Powers—general The statutory authority given to an LPA/fixed charge receiver is quite restricted. Therefore, to perform the functions required by the appointing mortgagee, the LPA/fixed charge receiver must rely on express powers contained within the mortgage deed. Statutory powers The statutory powers of an LPA/fixed charge receiver are found in section 109 of the Law of Property Act 1925 ( LPA 1925), and are limited in extent. Under LPA 1925, s 109(3), the receiver is authorised to demand and collect income from the property over which they are appointed and to provide receipts. In addition, under the LPA 1925 the LPA/fixed charge receiver may exercise any powers that have been delegated to them by the mortgagee......

Company directors oversee the everyday running of the company. They make decisions on the company’s behalf so it can continue operating, typically covering: securing funding entering contracts buying or leasing premises obtaining stock or equipment recruiting staff For details on directors’ decision-making, and the processes and procedures commonly involved, see the following Practice Notes: Directors’ decision-making—power, authority and duties Directors’ decision-making—convening board meetings Directors’ decision-making—conduct at board meetings Directors’ decision-making—post board meeting formalities Directors’ decision-making—written resolutions and decisions by sole directors Where do the directors’ powers come from? ......

This Practice Note summarises key contractual issues in B2B equipment leasing or hire—a simple hire or bailment of goods. It does not address hire purchase or consumer hire. Introduction Equipment leasing, also called equipment hire, refers to arrangements that constitute a simple hire or bailment of goods. Parties may choose to lease or hire assets to: secure temporary access to equipment; or use an alternative method of financing equipment purchases. Typically, the lessor (supplier or owner) keeps title, and the lessee (hirer) gains the right to use the equipment, paying rentals or a hire fee under the agreed terms. For relationships with multiple, separate transactions, a master lease is common, with each tranche set out in a separate lease schedule. In more complex deals—for example, where equipment is bespoke and/or business‑critical—the structure may involve multiple parties and/or......

For the purposes of enforcing the powers and duties set out in the Food Safety Act 1990 ( FSA 1990), every London borough council, district council and non‑metropolitan county council functions as the “food authority”. Under FSA 1990, s 34, proceedings for offences under ss 7, 14 and 15 must be brought within three years of commission, or within one year of discovery by the prosecutor, whichever comes first. For the meaning of “discovery”, see Practice Note: Time limits for commencing criminal proceedings. For further guidance on food safety prosecutions, see Practice Note: Decision to prosecute for . Rendering food injurious to health It is an offence under the FSA 1990 to produce food intended for sale for human consumption that may harm a person’s health. This is an either way offence, triable in the magistrates’ court or the Crown Court. Food may be...

STOP PRESS: The Loan Market Association ( LMA) has issued revised and updated editions of the standard terms and conditions for Par and Distressed Trade Transactions, the complete set of Funded Participation and Risk Participation Agreements, and the Secondary Debt Trading Documentation User Guide, effective from 17 March 2026. Changes comprise the elimination of LIBOR mentions, updates to IBOR rate definitions and to the Target2 definition, together with refreshed ERISA representations that incorporate further exemptions to the prohibited transaction rules under ERISA and the US Internal Revenue Code. These materials are available solely to LMA members via the LMA’s Documentation Hub. In London, secondary debt trades are generally recorded using recommended-form documents produced by the Loan Market Association ( LMA), and this Practice Note proceeds on the basis that the parties to the secondary trade have agreed to use those forms for...

Article 1 of Protocol 1 ( A1P1) states Every natural or legal person has the right to the peaceful enjoyment of their possessions. No person shall be deprived of their possessions except in the public interest and subject to conditions laid down by law and by the general principles of international law. The foregoing provision does not in any way limit a state’s right to enact and enforce laws it considers necessary to regulate the use of property in accordance with the general interest, or to secure the payment of taxes, other contributions, or penalties. Scope of the Protected Right The first rule is general in nature and sets out the right to property. The second and third rules represent interferences with that primary right and must be construed in the light of the principles contained within it. Elements of the Protected...

This case tracker reviews clinical negligence liability decisions from January 2021 onwards. The judgments offer guidance on how the courts are addressing different types of clinical negligence claim. Where possible, we have included links to the judgments and/or analysis. Use this tracker alongside Practice Notes on specific claim types, such as Clinical negligence claims involving labour and delivery—injuries to the child, Delay in medical treatment, and Clinical negligence surgical claims... Birth injuries Case name and details CCC (by her mother and litigation friend MMM) v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5, February 2026. On appeal, the Supreme Court considered whether a child claimant can recover ‘lost years’ damages for earnings she would have made during the period by which her life expectancy was shortened by the defendant’s clinical negligence. CCC sustained a severe hypoxic brain injury at birth in 2015, reducing her life...