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11 November 2022 / Simon Walsh
Issue: 8002 / Categories: Features , Profession , Arbitration , ADR , Financial services litigation
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Arbitration vs litigation: choices, choices

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Arbitration is becoming an increasingly attractive prospect for financial institutions dealing with disputes: Simon Walsh explains its appeal
  • Historically, financial institutions have preferred to have their disputes determined in national courts through litigation, with their powers of enforcement and summary judgment seen as key advantages.
  • However, the attractiveness of arbitration as an alternative to litigation is on the increase, given the availability of specialist technical knowledge and the ease it offers when dealing with emerging markets and the UK post-Brexit.

With the war in Ukraine showing no sign of abating and the after-effects of the pandemic only slowly subsiding, global markets are in turmoil. The markets in the UK are not immune from this upheaval and indeed have their very own localised issues to contend with. Market turmoil inevitably leads to an increase in the number of disputes between and with financial market participants, and while those disputes will largely be subject to baked-in dispute provisions, thought naturally turns to how such disputes should best be resolved

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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