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PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. STOP PRESS: On 11 June 2025, the High Court gave its judgment in a test case which combined six claims brought by AerCap and other leasing companies against their insurers. The judge concluded that: • the relevant aircraft and engines were lost in March 2022 • the proximate cause of their loss was the coming into force of a Russian Government issued Government Resolution (GR 311). GR 311 was a 'restraint' or 'detention' within the Government perils of the war risk cover of each of the claimants. The loss of the aircraft was not proximately caused by a hull all risks peril • each claimant could recover in respect of its lost aircraft and engines under the contingent cover of its policy(ies) (other than in respect of Genesis's claim in relation to the proportion of its war risk cover underwritten by TMK Syndicate 510 which failed), and • no claimant had a valid claim
NEWS
Dispute Resolution analysis: Russia’s invasion of Ukraine has led to the US, the EU and the UK imposing wide-ranging sanctions and to significant retaliatory measures by Russia. The immediate priority for those who have operations, or contracts, with a Ukrainian or Russian nexus has been to support affected employees and to comply with the sanctions. Commercial parties are also having to work out what impact these events and the wider disruption caused by the invasion have on their contractual rights and obligations. The route to answers is legally complex and highly fact dependent. Jason Rix, senior professional support lawyer at Allen & Overy, sets out a framework to help commercial parties understand the impact of the Russian invasion and sanctions on English contract law.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. The conflict between Russia and Ukraine, and the sanctions imposed on Russia and Belarus in response have had and likely will continue to have an impact on the UK construction industry and construction contracts. In this Practice Note, we set out links to some of the materials that may be of use to construction lawyers when discussing issues with their clients or dealing with contracts or disputes which are affected by the Ukraine conflict. In relation to the Ukraine conflict specifically and the sanctions which have been imposed, see: • News Analysis: Ukraine conflict—potential effects on UK construction
PRACTICE NOTES
NOTE—to see whether notification thresholds in Ukraine and throughout the world are met, see further: Where to Notify. 1. Have there been any recent developments regarding the Ukrainian merger control regime and are any updates/developments expected in the coming year? Also, are there any other ‘hot’ merger control issues in Ukraine? Despite the substantial challenges created by the ongoing war launched by the Russian Federation (RF) against Ukraine, the Antimonopoly Committee of Ukraine (the AMC) has remained fully operational. Impressively, in 2024, the AMC processed more than 550 merger filings, which is comparable to pre-war times, while the number of submitted filings in 2025 surpassed 1,000. On 1 January 2024, amendments to the country’s competition law framework, aligning it more closely with European Union (EU) standards, came into effect. These changes include, among other things, the partial repeal of the archaic ‘seller attribution rule’, modifications to the concept of ‘concentration’, revisions to the threshold tests, clarification of existing definitions and bolstered enforcement powers. The second phase of aligning Ukrainian competition laws and regulations with EU standards is anticipated
NEWS
Law360: The war in Ukraine and global sanctions have caused the number of Russian litigants using England's commercial courts to tumble dramatically, and lawyers expect that the consequences of the invasion will continue to influence the disputes landscape.
NEWS
Law360, London: Britain's highest court granted Ukraine permission on 15 March 2023 to argue that Russia used the threat of force to illegally pressure the country into a US$3bn bond deal, sending the Kremlin trustee's application to call in payment to trial in a long-awaited judgment.
NEWS
Arbitration analysis: On 20 September 2024, the full text of the resolution of the Ukraine Supreme Court composed of judges of the Joint Chamber of the Commercial Court of Cassation dated 30 August 30 2024 in case No 911/1766/22 was published, in which the Supreme Court stepped back from its previous conclusions and put an end to the long-standing debate on whether it is possible to file a lawsuit with the commercial court containing a single claim for invalidation of an arbitration agreement. The court also considered the Law of Ukraine ‘On International Commercial Arbitration’ and whether national courts have jurisdiction to consider the validity of an arbitration agreement. Written by Olga Kostyshyna, counsel, Head of International Arbitration, LCF Law Group.
NEWS
Law360, London: A Ukrainian airline has hit AIG and other insurers with a claim for more than US$83.4m, alleging that the companies have refused to pay out for aircraft that have been stranded and damaged following the Russian invasion.
GLOSSARY
This means the last heir. On an intestacy, the Crown (through the Queen's and Lord Treasurer's Remembrancer (QLTR)) takes any property of the deceased as ultimus haeres if there are no other heirs.
GLOSSARY
means a vehicle that emits less than [75g] of CO2 per km travelled as measured by the World-Harmonised Light-Vehicle Test Procedure (WLTP).
GLOSSARY
means a vehicle that emits less than [75g] of CO2 per km travelled as measured by the World-Harmonised Light-Vehicle Test Procedure (WLTP).
GLOSSARY
In company law, ultra vires refers to any act or transaction which is beyond the powers of a company.