Expert Analysis

• UK's Arbitration Act Is More A Revision Than An Overhaul

  

  The recently enacted U.K. Arbitration Act 2025 represents the most significant update to English arbitration law since 1996, and while it reinforces many strengths that made London the leading arbitral seat, its failure to address certain key areas means the legislation missed the opportunity to truly be a benchmark, say lawyers at RPC.

• Google Win Illustrates Hurdles To Mass Data Privacy Claims

  

  The Court of Appeal's December decision in Prismall v. Google, holding each claimant in a mass data privacy suit must demonstrate an individualized and sufficiently serious injury, demonstrates the difficulty of using representative action to collect damages for misused private information, say lawyers at Seladore Legal.

• Opinion

  UK Gov't Needs To Take Action To Support Whistleblowing Bill

  

  With a proposed Office of the Whistleblower Bill making its way through the U.K. Parliament, whistleblowing is starting to receive the attention it deserves, but the key to unlocking real change is for the government to take ownership of reform proposals and appoint an overarching whistleblowing champion, says Baroness Susan Kramer at the House of Lords.

• How New EU Product Liability Directive Will Affect Tech And AI

  

  While the European Union’s new defective product liability directive, effective from December 2026, primarily provides clarifications rather than significant changes, it reflects the EU's commitment to addressing consumer protection and accountability challenges presented by the digital economy and artificial intelligence, say lawyers at Latham.

• EU Hybrid Venue Ruling Doesn't Ensure Local Enforceability

  

  A recent decision from the European Union's top court, affirming that contracts may grant one party greater control over litigation venue, is encouraging for similarly asymmetrical arbitration agreements, but local enforceability rules within the EU and beyond mean that such contracts' validity may still be determined individually, say lawyers at Signature Litigation.

• New CMA Powers Will Change Consumer Protection Regime

  

  The Competition and Markets Authority’s imminent broadened powers to impose penalties on organizations for unethical or misleading practices are likely to transform the U.K.’s consumer protection regime, and may lead to a rise in private litigation and increased regulatory scrutiny, say lawyers at Morgan Lewis.

• A Look At Current Challenges In Whistleblowing Practice

  

  Consensus on the status of reforming Great Britain's whistleblowing framework is currently difficult to discern, and thorny issues revealed by recent cases highlight undesirable uncertainties for those pursuing and defending whistleblowing claims, says Ivor Adair at Fox & Partners.

• Decoding Arbitral Disputes: Fiscal Liability Vs. Int'l Investment

  

  The International Centre for Settlement of Investment Disputes' award in Amec Foster Wheeler USA v. Colombia, upholding the country's jurisdictional objections, exemplifies the growing tension between domestic regulatory measures and international investment protections, says Josep Galvez at 4-5 Gray's Inn Square Chambers.

• How UK Supreme Court May Assess Russia Sanctions Cases

  

  In two recent U.K. Supreme Court cases challenging the U.K. Russia sanctions regime, the forthcoming judgments are likely to focus on proportionality and European Convention on Human Rights compatibility, and will undoubtedly influence how future challenges are shaped, says Leigh Crestohl at Zaiwalla.

• Roundup

  Practice Leader Insights

  

  Practice group leaders share thoughts on keeping the pulse on legal trends, tackling difficult cases and what it takes to make a mark in their area in this Expert Analysis series.

• How EU Digital Act Could Shape UK Technology Disputes

  

  Noncompliance with the recently effective European Union Digital Operational Resilience Act will add layers of complexity to disputes and litigation for U.K.-based firms servicing EU entities, but international standards may serve as a bridge between jurisdictional and contractual misalignments, says Siobhan Forster at Alvarez & Marsal.

• How EU's Anticoercion Tool May Counter New US Tariffs

  

  The never-before-used anticoercion instrument could allow the European Union to respond to the imposition of U.S. tariffs, potentially effective March 12, and gives EU companies a voice in the process as it provides for consultation with economic operators at different steps throughout the procedure, say lawyers at Crowell & Moring.

• How 2025 Act Refines The UK's Arbitral Framework

  

  The U.K.'s Arbitration Act 2025 marks the regime's first significant reform since 1996 and aligns the nation's approach more closely with international principles, which means practitioners should take note of key procedural and strategic adjustments, including the explicit power of summary disposal, says Josep Galvez at 4-5 Gray's Inn.

• Leaked Docs In Man City Case Raise Admissibility Questions

  

  The Premier League’s claims that Manchester City Football Club fell foul of financial fair play regulations are partly based on documents unlawfully obtained by an activist, which means the independent commission deciding the case will need to weigh whether the evidence is permissible against the principle of open justice, says Stuart Southall at KANGS Solicitors.

• Rethinking 'No Comment' For Clients Facing Public Crises

  

  “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.