Expert Analysis

• FCA Enforcement Newsletter Reflects Shift Toward Openness

  

  The Financial Conduct Authority’s inaugural Enforcement Watch newsletter provides clarity on the cases the regulator is opening and highlights its approach to early communication of enforcement activity, offering a welcome insight into its emerging priorities, says David Hamilton at Howard Kennedy.

• Decoding Arbitral Disputes: US Cert Denial And EU Strategy

  

  The U.S. Supreme Court recently denied certiorari in Russia v. Hulley Enterprises, leaving in place the D.C. Circuit's opinion supporting jurisdiction in the $50 billion arbitration award challenge, and intensifying litigation exposure for the European Union's strategy of contesting the enforceability of intra-EU awards abroad, says Josep Galvez at 4-5 Gray's Inn.

• Irish Consumer Law Proposals Expose Concerns Over Privacy

  

  The Irish government’s recent proposals to amend and clarify competition and consumer law would allow new investigative powers and greater financial sanctions, leading to concerns from businesses whether the benefits outweigh the privacy risks, says Kate McKenna at Matheson.

• Nigeria Ruling Offers Road Map For Onerous Costs Requests

  

  The Court of Appeal's judgment in Nigeria v. VR Global Partners is significant because it tests the extent to which a court may prioritize accessibility and its own resources over a judgment creditor's desire for immediate recourse, says Josep Galvez at 4-5 Gray's Inn Square.

• UK Class Actions Appear Set For Resurgence In 2026

  

  In 2026, the U.K. will likely see an uptick in class actions as a result of legal and regulatory developments, including the landmark court decision in BHP Group v. PGMBM Law that boosted confidence in the enforceability of funds-committed litigation funding arrangements, say lawyers at Winston & Strawn.

• Digital Assets Act Allows Courts To Cater For New Tech

  

  The recently enforced Property (Digital Assets etc) Act confirms in law that digital assets can be recognized as personal property, while leaving intentional gaps, which allow courts the flexibility to adapt traditional legal rules to new innovative technology, say lawyers at Dechert.

• Limited Claims Raise Concerns About Subsidy Act's Efficacy

  

  With significantly fewer challenges to date than expected under the Subsidy Control Act, it appears that parties may be unwilling to bring claims or unaware of their rights, calling into question the effectiveness of the regime, says Matthew Hall at McGuireWoods.

• 2026 Int'l Arbitration Trends: Arbitral Seats In Flux

  

  As political and legal landscapes continue to shift across key global jurisdictions, with Mexico and England instituting key judicial and arbitral reforms, respectively, international arbitration parties are becoming increasingly strategic in their selection of arbitral seats, say attorneys at Cleary.

• What Is In Store For ESG Litigation In UK And EU

  

  With 2025 seeing more sophisticated and far-reaching environmental litigation, and regulatory enforcement set to continue, a focus on greenwashing and climate attribution science is likely in 2026, and organizations must remain vigilant and proactive in their approach to sustainability risks and opportunities, say lawyers at Simmons & Simmons.

• Noting Similarities And Divergences In UK, EU Apple Rulings

  

  While recent judgments against Apple by the Competition Appeal Tribunal and European Commission all focus on the Apple ecosystem and point toward closer scrutiny of its App Store rules, their analytical methodologies and potential enforcement routes differ, highlighting differences in approaches to competition law, say lawyers at Perkins Coie.

• Decoding Arbitral Disputes: EU Law And Treaty Arbitration

  

  A recent Singapore court ruling in DNZ v. DOA upholding an arbitration award against Poland constitutes a significant affirmation of the autonomy of international arbitration from regional constitutional orders when disputes are adjudicated outside those orders, says Josep Galvez of 4-5 Gray's Inn.

• Key Trends Shaping ESG And Sustainability Law In 2026

  

  2025 saw a chaotic regulatory landscape and novel litigation around environmental, social and governance issues and sustainability — and 2026, while perhaps more predictable, will likely be no less challenging, with more lawsuits and a regulatory tug-of-war complicating compliance for global companies, say attorneys at Crowell.

• Judicial AI Guidance Update Shows Caution Still Prevails

  

  The judiciary’s recently updated guidance on the use of artificial intelligence warns judges and tribunal members about misinformation and white text manipulation, providing a reminder that AI tools cannot replace direct engagement with evidence and reflecting a broader concern about their application when handling confidential material, say lawyers at Hogan Lovells.

• Brazil Dam Ruling Highlights Role Of Corporate Accountability

  

  The recent High Court judgment in Municipio de Mariana v. BHP concerning the collapse of the Fundao dam establishes a precedent for holding parent companies that exercise significant control and assume responsibility liable for the actions of group entities, notwithstanding their multinational corporate structure, say lawyers at Irwin Mitchell.

• Freezing Orders Maintain Their Impact 50 Years On

  

  Freezing orders, created in Mareva v. International Bulk Carriers 50 years ago, are now a fundamental part of English and Welsh law and a significant weapon in the litigator's armory, considered indispensable by practitioners seeking to obtain enforceable judgments and interlocutory relief on behalf of their clients, say lawyers at Trowers and Hamlins.