Top 10 Litigation, Mediation & Arbitration Headlines from Europe Mourant du Feu & Jeune has recently made a successful application on behalf of its client, Mr Gary Kaplan, to secure the discharge of a saisie judiciaire obtained at the United States' behest freezing all his realisable property situate in Jersey. Two recent decisions, one delivered by the Privy Council and the other by the Court of Appeal, have re-examined the circumstances in which the courts will find implied terms in contracts. The recent case of “Attorney General of Belize and others v Belize Telecom Ltd and another” has provided new guidance regarding the court's position in dealing with implied terms and interpreting a company's Articles of Association. On 24 September 2009, the Ministry of Justice published its report on judicial and court activity in England and Wales for the year 2008. The anti-suit injunction may be all but dead in the EU following the European Court of Justice's decision in West Tankers (C185/07), but parties may be reassured by this decision which confirms that it is still at least available as a remedy to prevent parties from commencing proceedings in non-EU states. The nature of a construction project gives rise to the possibility of numerous individual defects or losses arising which may be brought together in one or more claims. The state of the health of the global real estate industry is a matter of much debate and speculation following an unprecedented period of turmoil trigged by the sub-prime crisis in the US more than two years ago. In a well publicised shift of emphasis in the investigation and prosecution of serious fraud and corruption the Director of the UK's Serious Fraud Office ("SFO"), Richard Alderman, is trying to encourage companies to engage with his organisation and self-report past wrongdoings. Construction disputes are complex and often a dispute related to a small part of the works can lead to serious and far-reaching consequences unless a solution can be found quickly. The UK mediation market has developed organically, both in a self-regulatory sense and in the development of training programmes and growth of the market in general | 
