Supreme Court clarifies when a stay of court proceedings will be granted in favour of arbitration under s.9 Arbitration Act 1996

A recent Supreme Court decision has clarified the English courts’ approach to determining whether a matter falls within the scope of an arbitration agreement for the purposes of deciding whether to grant a stay of court proceedings under section 9 of the Arbitration Act 1996: Republic of Mozambique v Privinvest Shipbuilding SAL [2023] UKSC 32. Section 9 … Read more


We have just released the next edition of our monthly update podcast, in which we discuss and debate the key recent judgments likely to be of interest to financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by co-host Ceri Morgan and special guest Scott … Read more

High Court finds defendant bank did not dishonestly assist company restructure to put assets beyond reach of creditors

The High Court has rejected an allegation of dishonest assistance against a bank, in circumstances where the claimants argued that the restructuring of the bank’s customer was a scheme to defraud its creditors and avoid the customer paying its liabilities. The court held that the customer’s directors had not breached their duties to the company, … Read more

High Court rules against Republic of Argentina in GDP-linked sovereign bond claim finding in favour of the claimants’ construction of provision “rebasing” GDP measurement

The High Court has ruled against the Republic of Argentina (Republic) in a claim brought by investors in Euro-denominated sovereign bonds issued in 2005 and 2010 for approximately €1.33 billion: Palladian Partners & Ors v The Republic of Argentina & Anor [2023] EWHC 711 (Comm). While the present decision turns on the facts and specific … Read more