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02 February 2024 / Deborah Ruff , Charles Golsong
Issue: 8057 / Categories: Features , Profession , Arbitration
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How is 2024 shaping up for international arbitration?

Deborah Ruff & Charles Golsong consider the factors likely to affect arbitration at home & abroad in 2024
  • Explains that the impact of the PACCAR decision may be short-lived.
  • Considers other developments important to practitioners , including the rise of generative AI.

The past 12 months saw a number of significant developments relating to or impacting international arbitration.

The decision in R (on the application of PACCAR Inc and others ) v Competition Appeal Tribunal and others [2023] UKSC 28, in which the Supreme Court held that litigation funding agreements constitute damages-based agreements and as such are unenforceable unless they satisfy certain conditions, sent shockwaves across the litigation funding industry.

It appears, however, that the impact of the PACCAR ruling could be short-lived.

In the first case considering its implications, the High Court granted an asset preservation order in favour of a litigation funder, finding that there was a ‘serious issue to be tried’ that part of a litigation funding agreement remained enforceable, even

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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