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04 August 2017 / Nicole Finlayson , Clare Arthurs , Phillip D’Costa
Issue: 7757 / Categories: Features , Brexit , Arbitration
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The long farewell: leaving the EU (Pt 2)

In the second of a series of Brexit updates & analysis by Penningtons Manches LLP, Clare Arthurs , Phillip D’Costa & Nicole Finlayson consider the future of arbitration

  • Brexit should not adversely affect London as a seat for arbitration.
  • UK courts remain committed to upholding arbitration agreements and awards.
  • Legal framework and enforcement regime should remain unchanged.

The spectre of Brexit has sparked debate about the prospects for London’s continued pre-eminence as a global dispute resolution centre. But while we undoubtedly face uncertainties in the litigation sphere, how attractive will arbitration here remain as a dispute resolution option once we have parted (formal) company with our European neighbours?

Culture & framework

There are several reasons why parties around the world have long since chosen to resolve international disputes through arbitration seated in London. Unlike some other countries’ national courts, the English courts are well known for upholding the independence of the arbitral process and will not intervene unnecessarily: if the parties have

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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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