On Thursday 4 June 2025, Baker McKenzie and South Square hosted the panel, “The rise of International commercial courts: what it means for the Rule of Law, English lawyers, and the standing of English law worldwide” as part of London International Disputes Week 2025. Mr Justice Foxton, Sir William Blair (of Qatar International Court and Dispute Resolution Centre), Charles Thomson (of Baker McKenzie) and Georgina Peters (of South Square) provided their insights into the increasing…
In brief On 14 May 2025, the Law of Ukraine “On Amending the Section “Final and Transitional Provisions” of the Civil Code of Ukraine Regarding the Renewal of the Limitation Period” (“Law”) was adopted. The Law repeals paragraph 19 of the section “Final and Transitional Provisions” of the Civil Code of Ukraine, which provided for the suspension of the limitation period for the duration of martial law. The Law will enter into force on 4…
In brief After nearly 10 years of litigation, the Higher Regional Court of Hamm in Germany decided against Saúl Luciano Lliuya, the Peruvian farmer who – supported by the NGO Germanwatch – had sued the German energy company RWE AG for injunctive relief and damages. Allegedly, RWE’s carbon dioxide emissions had contributed to the global climate change and thereby contributed to the glacier melt in the Andes mountains where Lliuya’s property is located. The glacier…
In brief The construction industry faces challenges in enforcing adjudication decisions, limiting its effectiveness outside the UK. Adjudication bonds, emerging from the PFI market, offer a solution by guaranteeing payment of adjudicated sums. These bonds, typically 10-20% of contract value, ensure immediate payment upon noncompliance, reducing the need for lengthy legal proceedings. Successful implementation requires careful drafting and integration into existing contracts. Adjudication bonds incentivize compliance, enhance adjudication’s credibility, and improve project cash flow. This…
1. The goal and the preparatory steps In February 2023, we had reported that the German Federal Ministry of Justice had published “Guidelines for the strengthening of the courts in commercial disputes and for the introduction of (English speaking) commercial courts”.[1] The guidelines were complemented by a parallel initiative to modernize German arbitration law.[2] The goal of both legislative projects was to strengthen Germany’s position as a judicial and business center and to enable German…
Mustafaen Kamal was shortlisted as a top five finalist for the UK Supreme Court Essay Prize. The prize was commissioned to mark the 15th anniversary of the Supreme Court of the United Kingdom. In October 2009, the Supreme Court of the United Kingdom replaced the Appellate Committee of the House of Lords as the highest appeal court in the United Kingdom. The prestigious essay competition was judged by Lady Simler, Justice of the Supreme Court.…
Effective January 1, 2025, twelve commercial courts have transitioned to become Tribunals for Economic Activities (hereinafter referred to as ‘TEA’). This reform was enacted under Law No. 2023-1059 of November 20, 2023, on the orientation and programming of the Ministry of Justice for the years 2023-2027, as well as Decree No. 2024-1225 of December 30, 2024 (the ‘Decree’). This initiative is part of a four-year pilot program designed to evaluate the advantages of consolidating the…
Mustafaen Kamal was shortlisted as a top five finalist for The City of London Solicitors’ Company Prize, awarded every year to promising trainees. The City of London Solicitors’ Company is a working company. Its members are required to practise or to have practised as a solicitor within one mile of the Bank of England or at Canary Wharf. For many years, the Company also functioned as the local Law Society for the City of London…
Our last Wirecard update was some time ago.[1] For those who have erased Wirecard from their memories: Wirecard AG is the former German “stock market miracle” from Aschheim, a small community in Bavaria with around 10,000 inhabitants. Wirecard went bankrupt in June 2020 after it had turned out that EUR 1.9 billion in supposed funds in the Philippines were non-existent. It is one of the biggest financial scandals in post-war German history. There is a…
In its decision of 12 August 2024, the Swiss Federal Supreme Court (“SFSC”) deliberated on the enforcement of an order for payment by a court of a Lugano Convention (“LC”) member state in Switzerland (case no. 5A/94/2024 [in French], intended for official publication). Factual background A court in Bologna, Italy, issued an order for payment (so-called “decreto ingiuntivo telematico provvisoriamente esecutive”, which is a “Mahnbescheid” or “Zahlungsbefehl” in German) ordering the respondent in the Italian proceedings (and…