Clyde & Co | Risky Business

In this episode, Associates Léonor d’Albiousse and Khaled Abdelhaq delve into the concept of sovereign immunity, a legal doctrine that protects sovereign states from being sued in foreign courts without their express consent.

Ian Hopkinson and Natalie Armstrong discuss the current use of Generative AI in preparing for arbitral hearings.

In this episode, Hashem Hijjawi and Camille Lukusa from Clyde & Co LLP's Global Dispute Resolution team explore the concept of Norwich Pharmacal orders, a legal tool used to compel third parties to disclose information necessary to identify wrongdoers. They explain the origins of this relief in the 1974 House of Lords case of Norwich Pharmacal Co v Customs and Excise Commissioners, where the court held that justice required HMRC to disclose the identities of patent infringers.

Dispute resolution clauses are sometimes regarded as “midnight clauses" on which parties spend little time when negotiating a commercial contract. However they could have a significant impact on the parties should the deal go wrong. 

When drafting a dispute resolution clause, it is important to first decide the appropriate dispute resolution mechanism, remembering that mediation, litigation or arbitration each have their own pros and cons. If arbitration is selected, then parties might choose ad hoc or institutional arbitration. There are various points to consider when selecting the most appropriate institutional arbitration rules, and parties are recommended to carefully consider the seat, governing law, hearing place and language of arbitration, and the number of arbitrators, in their arbitration clause. As a rule of thumb, remember to keep the dispute resolution clause simple and get the basics right.

Anna Myrvang and Fred Feistauer discuss the case of Elliott Associates LP & Anor, R. (On the Application Of) v The London Metal Exchange & Anor [2024] EWCA Civ 1168 and the impact of margin calls on business relationships.

Associates Laura Nelson and Hashem Hijjawi discuss the recent case Magee and others v Crocker and another [2024] EWHC 1723 (Ch), which concerned the question of whether a contract (in this case a shareholders' agreement) could be novated by conduct.

Associate Steven Bird and Partner Ian Hopkinson discuss litigation financing.

Associates Saskia Wolters and Elisabeth Wagner examine the Supreme Court's decision in Philipp (Respondent) v Barclays Bank UK PLC (Appellant) [2023] UKSC 25.

Associate Robin Bandar and Partner Anna Myrvang exchange high level thoughts on on-chain and off-chain dispute mechanisms.