Expert Analysis

• Should Arbitrators Do More To Encourage Settlements?

  

  In light of discussions on settlement in arbitration, there is a consensus that arbitrators in English-seated proceedings should play a greater role, but determining the extent of that involvement is difficult, as arbitrators can inadvertently place themselves in a position of potential conflict, say lawyers at Dentons.

• Irish Businesses Should Act Now To Prepare For EU AI Act

  

  Artificial intelligence is increasingly transforming the Irish job market, and proactive engagement with the forthcoming European Union AI Act, a significant shift in the regulatory landscape for Irish businesses, will be essential for Irish businesses to responsibly harness AI’s advantages and to maintain legal compliance, say lawyers at Pinsent Masons.

• Takeaways From World Uyghur Congress Forced Labor Ruling

  

  The Court of Appeal’s recent judgment in the World Uyghur Congress' case against the National Crime Agency confirms that companies dealing in goods that they suspect to be products of forced labor are potentially liable to criminal prosecution, presenting significant legal risks that cannot always be mitigated through conducting supply chain due diligence, say lawyers at King & Spalding.

• Emissions And Extraction: Unpacking The Finch Ruling

  

  In Finch v. Surrey County Council, the U.K. Supreme Court recently found that the council's authorization of an oil field expansion was unlawful for failing to consider its greenhouse gas effects, potentially leading to major implications for planning decision processes, say lawyers at Hausfeld.

• 10 Ways To Manage AI Risks In Service Contracts

  

  With the European Union Artificial Intelligence Act coming into force on Aug. 1 and introducing a new regulatory risk, and with AI technology continuing to develop at pace, parties to services arrangements should employ mechanisms now to build in flexibility and get on the front foot, says James Longster at Travers Smith.

• Unpacking The New Concept Of 'Trading Misfeasance'

  

  In addition to granting one of the largest trading awards since the Insolvency Act was passed in 1986, the High Court recently introduced a novel claim for misfeasant trading in Wright v. Chappell, opening the door to liability for directors, even where insolvent liquidation or administration was not inevitable, say lawyers at Greenberg Traurig.

• Don't Wing Settlements: Lessons From Morley's TM Ruling

  

  In Morley's v. Sivakumar, the Intellectual Property Enterprise Court recently found that a fast-food franchiser had breached a fried chicken franchise's trademark rights, despite a prior settlement agreement, offering lessons on drafting express terms to ensure IP protection, say Nessa Khandaker and Clare Cornell at Finnegan.

• Analyzing The Merits Threshold In Interim Injunction Ruling

  

  In Kuznetsov v. War Group, the High Court recently dismissed an interim injunction application, reminding practitioners to be mindful of the possibility that they may be required to meet a higher threshold merits test, say Mark Cooper and Tom Parry at Eversheds Sutherland.

• Use Or Lose It: European TM Ruling Stresses 'Genuine Use'

  

  The European Union General Court recently dismissed an action to revoke trademark protections for a lack of use in Sta Grupa v. EU Intellectual Property Office, offering significant insight into the intricacies of assessing evidence of genuine use in revocation actions, says Sumi Nadarajah at FRKelly.

• Decoding Plans To Simplify The Transfer Of Undertakings Law

  

  The prior Conservative government's proposed reforms to the Transfer of Undertakings Regulations to simplify processes protecting employee rights have generally been welcomed, but the fact that Labour is now in power casts significant doubt on whether they will be pursued, says Robert Forsyth at Michelmores.

• Decoding Arbitral Disputes: Intra-EU Enforcement Trends

  

  Hungary recently declared a distinct stance on the European Court of Justice's 2021 ruling in Moldavia v. Komstroy on intra-EU arbitration under the Energy Charter Treaty, highlighting a critical divergence in the bloc on enforcing investment awards and the complexities of balancing regional uniformity with international obligations, says Josep Galvez at 4-5 Gray's Inn.

• Adjudication Dispute Ruling Elucidates Merit Of Cross-Claims

  

  In Morganstone v. Birkemp, the High Court recently found that an adjudicator's refusal to consider cross-claims outside the scope of an interim payment breached natural justice, highlighting inherent risks in the adjudication process, including that not all decisions will be enforced automatically, say Ryland Ash and Jonathan Clarke at Watson Farley.

• Employer Lessons From Teacher's Menopause Bias Win

  

  A Scottish employment tribunal’s recent decision to award a teacher over £60,000 ($77,829) for unfair dismissal is a reminder that menopausal symptoms can amount to a disability, and together with potentially stronger measures from the new Labour government, should prompt all employers to implement effective menopause support policies, say Ellie Gelder and Kelly Thomson at RPC.

• Why Ukraine Aircraft Insurance Case Failed To Take Off In UK

  

  In Aercap v. PJSC Insurance, the High Court decided the claimants could not avoid an exclusive jurisdiction clause and advance their case in England rather than Ukraine, and the reasoning is likely to be of relevance in future jurisdiction disputes, say Abigail Healey and Genevieve Douglas at Quillon Law.

• What UK Digital Markets Act Will Mean For Competition Law

  

  The new Digital Markets Act’s reforms will strengthen the Competition and Markets Authority's investigatory and enforcement powers across its full remit of merger control and antitrust investigations, representing a seismic shift in the U.K. competition and consumer law landscape, say lawyers at Travers Smith.