The Competition and Markets Authority (CMA) has launched an investigation into Adobe Systems Software Ireland Limited, trading as Adobe, over suspected infringements of consumer protection law in relation to early termination fee terms in certain UK subscription plans. The investigation concerns Adobe’s ‘annual billed monthly’ plan, under which customers who cancel more than 14 days after entering into the contract are required to pay an early termination fee equal to 50% of the remaining annual cost. The CMA’s investigation will assess the fairness of these contractual terms and whether customers are given clear and timely information upfront about the early cancellation fees that may influence their purchasing decisions. The CMA will provide the next case update in autumn 2026.

Arbitration analysis: Two (identically constituted) International Centre for Settlement of Investment Disputes (ICSID) tribunals have dismissed a jurisdictional objection from respondents related to alleged corruption, in a recently published decision on the corruption claim (the decision). The matter arose out of two contract-based arbitrations between a subsidiary of Canadian-owned energy company Niko Resources Ltd, and two Bangladeshi state-owned oil and gas entities, Bangladesh Petroleum Exploration (BAPEX) and Production Company Limited and Bangladesh Oil Gas and Mineral Corporation (Petrobangla), concerning the sale and extraction of gas in northern Bangladesh. Saadia Bhatty, counsel of Gide Loyrette Nouel and specialist in international commercial and investment arbitrations, points out the decision involves several findings and issues worthy of note for practitioners in the field.

EU Law analysis: Hot on the heels of the Tiketa case, which dealt with the question of whether an online intermediary (ticketing platform) could be held jointly liable with the trader actually providing the service, the Court of Justice has ruled on cancellation rights and intermediaries in the context of cultural or sporting events. Article 9 of the EU Consumer Rights Directive (EU CRD) gives the consumer 14 days to withdraw from a distance or off-premises contract without giving any reason. However, exceptions apply, and ordinarily there is no general right to cancel bookings for cultural and sporting events under the EU CRD. The Court of Justice has now confirmed that this extends to bookings made via intermediaries, as long as the risks of cancellation would otherwise fall on the activity organiser. Written by Helen Hart, senior practice development lawyer, Lewis Silkin LLP.

The Crown Commercial Service (CCS) has published an article on dynamic markets under the Procurement Act 2023 (PA 2023). Dynamic markets have replaced Dynamic Purchasing Systems (DPSs), which were limited to providing commonly purchased products under the previous regulations. Dynamic markets under PA 2023 can be used to create open supplier lists for a wider range of goods, services and works, subject to certain conditions, with contracts awarded via the competitive flexible procedure. Dynamic markets remain open to new suppliers joining or leaving throughout the market’s lifetime and there is no limit on the number of suppliers that can join, provided they meet the relevant legal, financial and technical criteria. Procurements carried out under a dynamic market must meet the applicable contract value threshold. The article summarises what a dynamic market is, how it benefits buyers and how it differs from other forms of agreement, such as frameworks.

The Arbitration Foundation of Southern Africa (AFSA) has announced the publication of its new International Rules (the International Rules) which took effect on 1 June 2021. AFSA has revised the rules to reflect best international practice under the leadership of a Drafting Committee, chaired by Professor Maxi Sherer, and an Advisory Board made up of experts, academics and practitioners from around the world. Key changes include the introduction of the AFSA Court, members of which consist of senior international and African practitioners, and a Secretariat. The International Rules also include provisions concerning ‘multi-party/multi-contract issues, providing for expedited procedures, regulating ethics and professional conduct and third-party funding, emergency arbitrations, transparency and provision for joinder, consolidation, and multiple contracts’. Further, AFSA’s press release states the International Rules will be adopted for use in cross-border disputes in the South African Development Community.

What is clearing of derivatives? Clearing is a process which eliminates the normal risk that a party to a derivatives transaction will default (counterparty risk). The main parties involved in the clearing process are: • a financial institution known as a clearing house, and • other financial institutions, usually banks or brokers, which enter into a clearing agreement with the clearing house—these institutions are known as clearing members of the clearing house or simply clearing firms In cleared transactions: • all transactions are entered into by clearing members, which may do this for their own accounts or for the accounts of their clients, and • the clearing house interposes itself between the clearing members who have entered into the transaction, becoming a party to every transaction—each party therefore is exposed to the risk of the clearing house but not to the risk of the other party Clearing members do not need to be concerned with the identity or credit quality of their clearing member counterparties, but only with the credit quality

Defined terms: This precedent schedule uses the additional defined terms ‘Agreement’, ‘Business Day’, ‘Disclosing Party’, ‘parties’, ‘person’ and ‘Receiving Party’, which are not specific to data processing and which it is assumed are separately defined (or will be adapted) as appropriate in the relevant agreement. It is assumed that references to ‘Disclosing Party’ and ‘Receiving Party’ will be conformed as appropriate to reflect the relevant defined term for each party used in the agreement in which this schedule is used. The ScheduleSharing Personal Data 1 Definitions and interpretation 1.1 In this Schedule: Communication • means a complaint, request or other communication (but excluding any Data Subject Request) relating to either party’s obligations under any Data Protection Laws in connection with this Agreement and/or the processing of any of the Shared Personal Data, including any compensation claim from a Data Subject or any notice, investigation or other action from a Data Protection Supervisory Authority relating to the foregoing (and Communicator means the Data Protection Supervisory Authority, Data Subject or other person initiating or conducting a Communication); Controller • has the meaning given in applicable Data

A form of security or performance bond required from the contractor under FIDIC forms of contract to ensure proper performance.

This week's edition of Property Disputes weekly highlights includes: permission to appeal being granted by the Supreme Court regarding the retrospective application of the Building Safety Act 2022, High Court decisions concerning a property-related professional negligence claim, a newcomer injunction to safeguard against unauthorised trespassers, and an award of damages for breach of an agreement for lease. It also includes the appointment of Lord Doherty as a Justice of the UK Supreme Court and the Ministry of Housing, Communities and Local Government’s announcement of the implementation timeline for the Renters' Rights Act 2025.

This Practice Note provides an overview of the Clean Industry Bonus (CIB), launched by the UK government in November 2024, with the first application window held from February–April 2025, to support the deployment of renewable energy projects using more sustainable domestic supply chains. It explains what the CIB is and the energy projects it applies to, both initially and looking ahead to the future. The Practice Note then considers why the CIB has been introduced; what the legal basis for it is; the key elements and legal issues in relation to the CIB; and how allocation of funding works under the scheme. Finally, it considers some practical implications of the CIB for renewable project developers and funders. What is the Clean Industry Bonus? The CIB is a mechanism designed to support the deployment of renewable energy projects in the UK that have invested in environmentally, economically and/or socially sustainable domestic supply chains. Initially, its scope is limited to offshore wind projects (fixed-bottom and floating) seeking subsidy support through the Contracts for Difference

This Agreement is made on [insert date] (the Commencement Date) between the following: Parties 1 [Insert supplier name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office] (Supplier); and 2 [Insert customer name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office] (Customer), each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties. Background (A) The Supplier is[ an experienced software developer and] [insert the Supplier’s background details and the background to the relevant transaction]. (B) The Customer is [insert the Customer’s background details]. (C) On the terms of this Agreement, the Supplier will develop software for the Customer, and licence (or procure the licensing of) certain other software applications. The parties agree: 1 Definitions and interpretation 1.1 Words shall have the meanings given to them in this Agreement, including as set out below: Acceptance • means the successful completion of all Acceptance Criteria for all Acceptance Tests; Acceptance Criteria • means, in relation to an Acceptance Test, the criteria which must be met for that Acceptance Test to be successfully completed

This week's edition of Energy weekly highlights includes a News Analysis covering key energy law developments during 2025 and horizon scanning in 2026 across a number of key topics. We also have another News Analysis on a decision by the Commercial Court in RMK Maritime (Europe) Ltd’s $11.7m quantum meruit claim, reaffirming that unjust enrichment cannot override a detailed contract with a ‘no oral modification’ clause, and that extra services must be expressly agreed. In addition, this week, the National Energy System Operator (NESO) published a transitional Regional Energy Strategic Plan (tRESP) to inform electricity Distribution Network Operators’ (DNOs) network investment and business planning for the 2028–33 price control period. Meanwhile, the Department for Energy Security and Net Zero (DESNZ) has published its consultation response on proposed refinements from Allocation Round 8 (AR8) onwards) to the Clean Industry Bonus connected to the Contracts for Difference (CfD) scheme.