United Kingdom: Litigation, Mediation & Arbitration

The English High Court has issued groundbreaking guidance on legal advice privilege, addressing whether internal communications within a corporate client group can be protected when created for the purpose of seeking legal advice.

This decision tree has been prepared as a quick reference to help determine which documents can be withheld on grounds of privilege under English law.

In the High Court’s decision in Serendipity Centre Ltd v. Tinson, [2026] EWHC 349 (Ch), the court held that privilege could not be asserted against a former director over certain documents...

English law gives commercial parties significant freedom to allocate risk and agree consequences for non-performance. However, a clause will be vulnerable if it operates as a punishment rather than a commercially...

The UK sports sector now contributes £39 billion to the national economy, making it one of the country's most significant and fastest-growing industries.

Educational institutions holding cultural artefacts face mounting pressure to address the provenance and legitimacy of historic acquisitions.

The English High Court has issued important guidance on asymmetric jurisdiction clauses and the risks of parallel proceedings across multiple jurisdictions.

The London Commercial Court has granted a final anti-suit injunction in a dispute over an arbitration clause, rejecting arguments based on Louisiana law and ordering the defendants to pay damages for legal fees incurred in resisting US proceedings. The case centered on whether an arbitration agreement requiring disputes to be resolved in London under English law could be challenged based on mandatory Louisiana statutes.

If facing litigation, consider alternative dispute resolution before court proceedings. If an undertaking becomes necessary, ensure it is specific, time-bound, and achievable without relying on third parties. Keep records of all undertakings given or received, and seek legal advice before signing anything – breaching an undertaking carries serious legal consequences

Enforcing arbitral awards against sovereign States presents complex strategic and practical challenges, particularly when navigating sovereign immunity arguments, cross-border asset identification, and multi-jurisdictional enforcement proceedings. A recent London International Disputes Week discussion examined these issues through the lens of the landmark Zhongshan v. Nigeria case, where a Chinese investor successfully secured and enforced a USD 70 million investment arbitration award against an African Sta

On 4 March 2026, the Supreme Court of the United Kingdom (the "Supreme Court") held in Kingdom of Spain v Infrastructure Services Luxembourg S.À.R.L. and Republic of Zimbabwe v Border Timbers Ltd that Spain...

Kingdom of Spain (Appellant) v Infrastructure Services Luxembourg S.À.R.L. and another (Respondents); Republic of Zimbabwe (Appellant) v Border Timbers Ltd and another (Respondents) [2026] UKSC 9, 4 March 2026...