Services A-Z     Pricing

Dispute Resolution Law Blog

6 January 2025

Anti-Suit Injunctions and Arbitrations

An arbitration agreement is an election by parties to have certain disputes (as defined in that agreement) determined by arbitration.

19 December 2024

Privilege series Part 6: Bordering on Privilege - Applicable laws in cross-border disputes

Cross-border disputes raise questions on which jurisdiction’s laws govern the determination of privilege. Under English law, the principle of lex fori applies: the law of the forum where the case is being heard applies. When proceedings are conducted in English courts, English law will determine whether communications are protected by privilege.

Lavanya Loganathan

12 December 2024

Privilege series Part 5: Aabar v Glencore – A nail in the coffin of the Shareholder Principle

As alluded to in our recent article ‘Privilege in shareholder disputes – is change afoot?’, the eagerly awaited judgment of Aabar Holdings S.À.R.L v Glencore PLC has provided fresh judicial insight on the validity of the shareholder principle.

Although the shareholder principle has existed for over 135 years, remarkably the High Court has now concluded that the principle is ‘unjustifiable’ and ‘should no longer be applied’.

Katie Allard

5 December 2024

Privilege series part 4: It was a privilege – considerations in insolvency proceedings

Officeholders often come into possession of various categories of documents and information over which legal professional privilege (in one of its many guises) may be asserted.

28 November 2024

Privilege series part 3: The iniquity exception: “let the truth be told”

Legal professional privilege (LPP) is a fundamental principle of justice and exists to protect certain categories of communication between lawyers, their clients or a third party from being disclosed to the opposing party and the court. 

Leyla Maestri

Skip to content Home About Us Insights Services Contact Accessibility