The following Arbitration practice note produced in partnership with Herbert Smith Freehills provides comprehensive and up to date legal information covering:
This Practice Note considers the role of state immunity in relation to arbitration proceedings in general terms. For more detailed information on state immunity and arbitration in the United Kingdom under the State Immunity Act 1978 (SIA 1978), see Practice Note: State immunity in proceedings relating to arbitration (England & Wales). In addition, for Practice Notes on state immunity in a number of jurisdictions around the world (including China, Russian and Singapore), see the ‘State immunity’ subtopic: State immunity and arbitration—overview.
In today’s global marketplace, commercial parties transact frequently with governments and government-owned or government-controlled entities when taking advantage of foreign investment opportunities or entering into cross-border contracts. As is the case with transactions between commercial parties, parties to such cross-border arrangements are opting more frequently to have potential disputes resolved by international arbitration rather than litigating through the courts. This is likely attributable to the benefits international arbitration offers over transnational litigation, including:
neutrality—disputes are heard by an independent arbitral body appointed by the parties or the relevant arbitral institution. In this way, neither party receives a ‘home court advantage’
ease of enforcement—multilateral international conventions such as the 1958 New York Convention on the Enforcement and Recognition of Foreign Arbitral Awards (New York Convention) and the International Centre for the Settlement of
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Sale of treasury sharesA limited company may hold, or deal with, shares in itself, if certain conditions set out in the Companies Act 2006 (CA 2006) are met. Those shares are held in treasury and referred to as the company's treasury shares.The treasury shares regime is set out in CA 2006, ss
Interim injunctions—the American Cyanamid guidelinesThis Practice Note is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead of trial. As set out below, there are different considerations depending on whether the interim
Voluntary manslaughterVoluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished
Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and
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