Weekly Roundup (6 Feb 2023)
Arbitration
Law360 (login required) published a useful review of recent U.K. decisions on the enforceability of arbitration clauses:
As shown in several high-profile cases, which are discussed in more detail below, failure to include arbitration clauses in agreements between entities, or failure to properly word and strengthen such clauses, can give rise to manifold problems when either side attempts to force the other into arbitration.
[…]
Recent cases discussed include:
[1] Fiona Trust v. Privalov and others [2007] EWCA Civ 20.
[2] Buheiry v. VistaJet Ltd. [2022] EWHC 2998 (Comm).
[3] DHL Project and Chartering Ltd v. Gemini Ocean Shipping Co. Ltd. [2022] EWHC 181 (Comm).
[4] Aiteo Easter E&P Company Limited v. Shell Western Supply and Trading Ltd. [2022] EWHC 2912 (Comm).
[5] Republic of Sierra Leone v. SL Mining Ltd. [2021] EWHC 286 (Comm).
English Law
One Essex Court comments on the Court of Appeal’s recent decision in the long-running battle between Deutsche Bank AG and billionaire Alexander Vik and what it means for appellants’ ability to overturn findings of fact and credibility assessments:
The Court’s decision contains important guidance on the approach appellate courts should take where an appellant seeks to overturn findings of fact and assessments of credibility. It affirms that the restraint with which appellate courts should approach attempts to interfere with factual findings and assessments of credibility is equally applicable to appeals against committal orders. Before an appellate court is entitled to interfere with such findings, the decision must be shown to be “plainly wrong”, “rationally insupportable” or one “that no reasonable judge could have reached”.
The case is Deutsch Bank AG v Sebastian Holdings Inc & Alexander Vik, [2023] EWCA Civ 191.
Tech+AI
Essex Court Chambers reviews the UK Supreme Court decision in News Corp UK & Ireland Ltd v Commissioners for His Majesty’s Revenue and Customs, [2023] UKSC 7, finding that digital newspapers were not zero-rated for VAT purposes:
Both the leading judgment, given jointly by Lord Hamblen and Lord Burrows, and the concurring judgment of Lord Leggatt contain important consideration of the ‘always speaking’ doctrine of statutory interpretation, according to which legislation must in general be construed in light of any changes—including technological—that have occurred since it became law.
3VB discusses the legal theories behind UK litigation involving cryptocurrency-related fraud cases:
Why does it matter what and where cryptocurrency is?
These questions are vital to cases involving cryptocurrency because the remedies that are frequently sought in fraud cases involving cryptocurrency (proprietary injunctions, worldwide freezing orders and ancillary information disclosure, and Bankers Trust orders) are all dependent on cryptocurrency being defined as property.
Law360 UK (login required) reports that “Iranian pharmaceutical company Taha Pharmaceuticals filed a technology claim against rival drug capsule manufacturer Capsugel on Feb. 20” in the High Court (case number HT-2023-000050).
Legal Innovation
Innovation is very often about improving the way teams work. And Law360 (login required) has published “4 Exercises to Quickly Build Trust on Legal Teams” to help do just that:
While it is true that high-pressure situations like tight deadlines and heavy client demands can be trust-building experiences for lawyers, I do not recommend standing by and hoping that the stress of the job naturally acts as a pressure cooker.
Instead, let’s discuss four exercises that can help team members build trust fast, even if they are new to the firm or the team.
Notable Decisions
Deutsch Bank AG v Sebastian Holdings Inc & Alexander Vik, [2023] EWCA Civ 191
News Corp UK & Ireland Ltd v Commissioners for His Majesty’s Revenue and Customs, [2023] UKSC 7
