Duane Morris London

September 5, 2023 by Mark Handley

Bribery begins at Home

Two recent anti-corruption enforcement actions in the U.K. are a reminder of how readily the UK’s anti-corruption laws can apply to people who are not ordinarily based here.

On 10 August, the National Crime Agency arrested the Chief of Staff of the President of Madagascar along with another man who is a French national. The next day they were charged with requesting a bribe contrary to the Bribery Act 2010 and made their first appearance in court on 12 August. They are due to appear again on 8 September. The offences are alleged to have taken place at a meeting in London where the two are alleged to have sought significant cash payments as well as an equity stake in a mining project in Madagascar in return for the award of licences.

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August 15, 2023August 15, 2023 by Mark Handley

New Legislation will make it easier to prosecute Foreign and Domestic Companies for financial crimes in the UK

Duane Morris is tracking the passage of the Economic Crime and Transparency Bill 2023 through the British Parliament. Amongst other changes, once it is enacted in the coming months it will introduce major changes to corporate criminal liability in the UK, making it much easier for prosecutors to successfully convict corporates of financial crime.

For more detail see our recent client alert: https://www.duanemorris.com/alerts/uk_making_it_easier_prosecute_foreign_domestic_companies_financial_crimes_0823.html

June 13, 2023 by Nic Hart

Avoid Getting Stuck in Employment Tribunal’s Backlog by Resolving Cases Early

With public services seeking to catch up on waiting lists, it seemed timely to provide an update regarding the ongoing backlog of employment tribunal cases.

A statistical data set published on 13 February 2023 by the HM Courts & Tribunals Service reported that there are more than 50,000 live cases awaiting a hearing or decision. This figure is a 7 percent increase from the December 2021 figure of 47,041.

For context, it was reported in 2019 that the number of outstanding employment tribunal cases had reached 23,700, which at the time was the highest level recorded since the abolition of tribunal fees in 2017.

It is clear that the number of cases issued in the employment tribunal continues to increase rapidly and consistently. However, with current wait times of between 12 and 24 months from claims being filed, processed and then heard, it is evident that the tribunals do not have the structural capabilities to support the existing caseload, let alone any further increase to these numbers.

On a positive note, the Employment Lawyers Association’s (ELA) ‘Bringing down the backlog’ report showed that in 2022-23, 74 percent of cases were resolved without the need for a hearing at the Employment Tribunal, either through Acas early conciliation or resolution between the parties. There are also steps organisations can take within their operations to assist in reducing the backlog:

•Increase attempts by the HR department to resolve disputes within the early conciliation window. This can be achieved by working closely with occupational health and trade unions.

• Increase the ‘conflict confidence’ and capability among line managers in dealing with employment issues as they arise. The ELA also stated in their report that this lack of conflict confidence and capability among line managers acts as one of the key barriers to early and successful resolutions.

• Increase line management training to instil confidence in dealing with workplace conflict.

• Update handbooks with clear policies and procedures that are followed and applied correctly and consistently.

If you have any questions or queries on this topic or any other matter, do please get in touch. Our London Employment Law team provides assistance with review of existing policies and procedures or training programmes for line managers and are happy to discuss these at any time.

April 17, 2023 by Oliver Kent

Arbitration: the Brexit get out of jail free card?

One of the most useful assets in the classic board game Monopoly is the famous get out of jail free card. A player who finds themselves in jail can utilize it to ‘free’ themselves, almost immediately, but more importantly without paying a monetary penalty.

But what has Monopoly got to do with Brexit or arbitration? Whilst the similarities may not be immediately obvious, for commercial agreements made after 11:00 pm on 31 December 2020, jurisdiction clauses that specify arbitration are in many ways a legal get out of jail free card.

Read the full post on the Duane Morris International Arbitration Blog.

March 28, 2023March 28, 2023 by Oliver Kent

EU agrees last minute e-fuels exemption to future ICE vehicles ban

By Oliver Kent

In a twist for EU leaders and Member States, it became apparent earlier this month that Germany was not going to approve a previously agreed deadline for the total phase-out of the sale of new vehicles with traditional internal combustion engines (ICEs).

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March 1, 2023 by Charlyn Cruz

Reaping the Awards – Avoiding the Pitfalls of Enforcing Arbitral Awards

As with litigation, a successful arbitral award is a hollow victory if the responding party refuses to honour it, and enforcement proceedings are necessary. Given the international nature of arbitration, a number of things could go wrong at this stage and put a downer on a successful award. There are matters that ought to be considered strategically at the outset at contract stage and beyond to be ready to deal with a reluctant party after the award. It is therefore crucial to take certain steps at various stages to ensure you cross the finish line and reap those awards.

To read the full text of this post by Duane Morris’ Charlyn Cruz, please visit the Duane Morris International Arbitration Blog.

February 28, 2023February 28, 2023 by Charlyn Cruz

High Court judgment handed down in highly anticipated case – Osbourne v Persons Unknown & Ors [2023]

By Charlyn Cruz and Sam Laycock

A highly anticipated judgment has been passed down from the High Court, allowing for service via Non-Fungible Token (NFT) on a defendant as the sole means of service. Osbourne v Persons Unknown & Ors [2023] EWHC 340 (KB) concerns Ms. Lavinia Osbourne, who sought to restrict the movement of two NFTs, which were misappropriated from her cryptoasset wallet in 2022. In the judgment, Mr Healy-Pratt (sitting as a Deputy High Court Judge) expanded on the comments made by Lavender J in his January 2023 judgment relating to the same case. Continue reading “High Court judgment handed down in highly anticipated case – Osbourne v Persons Unknown & Ors [2023]”

February 23, 2023February 28, 2023 by Charlyn Cruz

The Glass Ceiling Looms Large – Gender Diversity in Arbitration

In a previous blog, we looked at diversity, specifically in relation to gender parity, in the context of adjudication.[1] Although we have come a long way in this arena, the issue of gender diversity still casts a long shadow. It should therefore be no surprise that the world of arbitration suffers much of the same problem.
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February 21, 2023February 21, 2023 by Oliver Kent

Jurisdictional challenges and arbitration clauses – that old chestnut! – The UK perspective

By Oliver Kent

Picture this. You are a Director at a substantial widget manufacturing company. One of your key materials suppliers, with whom you’ve had a relationship for many years, is causing you grief. There have been a number of complaints from customers in recent times about a decline in widget quality, which appear to be the fault of your supplier. However, you’re behind on your payments to the supplier and they are starting to threaten supply, with disastrous effects for the company. A dispute is brewing.

You have been involved with litigation before and have experience of court proceedings. However, when you check with your legal team about next steps, you learn that your agreement with the supplier contains a clause which appears to indicate that all disputes must be referred to arbitration. The clause is perhaps not drafted with the certainty it should and could have been, and it is not clear the extent to which it is enforceable. The issue usually is framed on the basis of whether there is a valid and enforceable agreement to refer disputes to arbitration.

There are also commercial considerations that may be relevant. Is it preferable to litigate in the domestic courts or arbitrate? This may be a commercial call, just as much as a legal one. This blog shares some of the practical considerations around these issues.
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