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23 February 2024
Issue: 8060 / Categories: Legal News , Arbitration , International , ESG , Artificial intelligence
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NLJ this week: ESG, AI & digital disputes trending in international arbitration

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In this week’s NLJ, Thomas Snider, partner, and Dalal Alhouti, knowledge development lawyer, at Charles Russell Speechlys, pick the most significant factors currently affecting this competitive field

The authors look at the focus on environmental, social and governance (ESG) frameworks, at changes to institutional rules to ease the process of digital assets disputes, and at the potential impact of sophisticated generative artificial intelligence (AI).

They write: ‘It is inevitable that we will also see arbitrators using AI to generate drafts of procedural orders and, more controversially, final awards. This may lead to challenges on the basis that it is not the arbitrator appointed pursuant to the arbitration agreement that has written the final award, but AI.’

Also, did you know that 20,000 trees could be needed to offset the carbon emissions of just one arbitration?

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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