United Kingdom: Arbitration & Dispute Resolution

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
Coventry & Warwickshire Development Partnership LLP v Avison Young (UK) Ltd
An adjudicator awarded nearly £9 million in a construction dispute, but the losing party challenged the enforcement on grounds of inadequate reasoning and procedural unfairness. The court examined whether the adjudicator provided sufficient reasons for the decision and whether there was a breach of natural justice when considering third-party assessment documents without proper notice to the parties.
United Kingdom Litigation
FE
Fenwick Elliott LLP
Article
Correcting An Obvious Mistake In Drafting As A Matter Of Construction
When a manufacturing agreement contained a critical drafting error in its limitation of liability clause, the English Commercial Court applied the Chartbrook principle to correct the mistake through construction. The court examined multiple factors including contractual risk allocation, commercial coherence, and the overall quality of drafting to determine that the clause should limit the manufacturer's liability rather than the customer's liability as written.
United Kingdom Commercial
RPC
Article
Property Litigation Cases Round-Up: August 2026
August 2026 brought significant developments in property litigation, from the Upper Tribunal's willingness to discharge restrictive covenants that no longer serve practical purposes, to the Supreme Court's landmark ruling limiting technical challenges to Right to Manage claims. These decisions reshape how landlords, leaseholders, and developers navigate covenant disputes, service charge recovery, and RTM procedures.
United Kingdom Real Estate
LA
Lester Aldridge LLP
Article
How Can A Trust Be A Financial Resource?
When a family trust is connected to your marriage, understanding its potential impact on your financial settlement is crucial. The court's approach focuses not on legal ownership, but on whether the trust is likely to provide financial support to either spouse now or in the foreseeable future. This analysis explores how discretionary trusts, family trusts, and trust beneficiary status are evaluated in divorce proceedings, examining the key factors that determine whether trust assets become relevant resource
United Kingdom Family
JS
JMW Solicitors LLP
Article
Keeping Up With The Machines: How Arbitral Institutions Are Responding To AI (Part 1)
Artificial intelligence is rapidly transforming arbitration practice, yet arbitral institutions have taken markedly different approaches to addressing AI in their procedural frameworks. While some institutions have published comprehensive guidance, others have remained silent, leaving parties to navigate how existing rules accommodate AI tools and what risks they face in using them without explicit authorization.
United Kingdom Litigation
TS
Travers Smith LLP
Article
UPC CoA Confirms Jurisdiction Over Pending European Patent Application
The UPC Court of Appeal has confirmed that the Unified Patent Court can exercise jurisdiction over European patent applications, provided they are granted before the defendant files their statement of defence. This landmark decision means patent holders may now be locked into the UPC system even before their patents are officially granted, fundamentally changing the strategic timing considerations for opting out of UPC jurisdiction.
United Kingdom IP
HL
HGF Ltd
Article
Restraint And Validation: A High Bar
Elevate Estates Management Ltd sought to restrain a winding-up petition based on rent arrears exceeding £836,000, arguing that substantial payments had not been credited and advancing a repair-related cross-claim exceeding £330,000. The court rejected both arguments, finding the alleged uncredited payments were unparticularised and the cross-claim lacked contemporaneous documentary evidence, ultimately dismissing the applications and awarding indemnity costs against Elevate.
United Kingdom Insolvency
MR
Mills & Reeve
Article
Bankruptcy Petition Can Be Presented On An Unregistered Foreign Judgment
The Supreme Court has reversed a Court of Appeal decision in a landmark case involving a Russian judgment worth 2 billion roubles, settling whether creditors can present bankruptcy petitions based on unrecognised foreign judgments. This ruling establishes that foreign judgments create common law obligations constituting debts under the Insolvency Act 1986, though questions remain about when debtors can dispute such debts on public policy or fraud grounds.
United Kingdom Insolvency
MR
Mills & Reeve
Article
The New TCC Guide 2026: What It Means For Your Business
The Technology and Construction Court has published its Fourth Edition Guide, introducing significant procedural changes that will reshape how construction and engineering disputes are managed. From enhanced Building Safety Act provisions to mandatory ADR considerations and new AI usage guidelines, these updates require businesses to make key litigation decisions earlier and justify them throughout proceedings.
United Kingdom Real Estate
ES
Eversheds Sutherland
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