Brexit: key practical implications for disputes and dispute resolution clauses

Despite the UK and EU having finalised a Trade and Cooperation Agreement to govern their trading and security relationship following the end of the Brexit transition period, there remain a number of uncertainties when it comes to commercial dispute resolution in cases involving the UK and the EU. The main source of uncertainty arises from … Read more

UK Supreme Court clarifies English law on arbitrator apparent bias

The UK Supreme Court has handed down its judgment in Halliburton Company (Appellant) v Chubb Bermuda Insurance Ltd [2020] UKSC 48, a case concerning arbitrator conflicts in the context of an insurance dispute and the most significant decision on English arbitration law in nearly a decade. The Halliburton judgment is now the leading English law case on arbitrator conflicts. … Read more

Update on FCA’s COVID-19 business interruption insurance test case

1. Headline summary A “consequentials hearing” in the FCA’s COVID-19 test case (The Financial Conduct Authority v Arch and others [2020] EWHC 2448 (Comm)) took place on Friday 2 October 2020. The purpose of the hearing was to: determine the declarations to give effect to the findings of the Court as set out in its … Read more

Judgment handed down in FCA’s COVID-19 business interruption insurance test case

1. Headline summary The High Court has today handed down judgment in the COVID-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch and Others. Herbert Smith Freehills represented the FCA (who was advancing the claim for policyholders) in the case, which considered 21 lead sample wordings from eight insurers. Following expedited … Read more

BUSINESS INTERRUPTION AND EVENT CANCELLATIONS DUE TO COVID-19 – WHAT ARE THE POSSIBLE INSURANCE IMPLICATIONS? (UPDATED 19 MARCH)

Summary COVID-19 has been affecting life and businesses around the globe. The developments over the last few days have been moving fast: the World Health Organisation declared the disease as pandemic, COVID-19 has now been categorised by various governments (including those of the United Kingdom) as a notifiable disease, the US has restricted travel from … Read more