United Kingdom: Litigation, Mediation & Arbitration

The Disclosure Review Working Group (DRWG), which is considering the potential simplification of disclosure rules for the Business and Property Courts, has today published a brief update on progress...

The Court of Appeal (Criminal Division) has made it clear that a witness's use of AI to prepare for cross-examination can amount to unlawful witness coaching: R v FGD [2026] EWCA Crim 918.

When a Moscow arbitration threatened to drain assets protected by an English court undertaking, the High Court ordered disclosure of confidential arbitration materials. This November 2025 decision examines when arbitral confidentiality must yield to asset protection, and what it means for parties navigating parallel proceedings across jurisdictions.

Drawing on an analysis of 175 contract-based cases, the study provides the first comprehensive examination of how contractual arbitration has functioned in practice at ICSID

The UK Part 26A restructuring plan has emerged as a potential alternative to Chapter 11 bankruptcy for distressed companies with international operations. This episode examines how Part 26A compares to traditional U.S. bankruptcy proceedings, including differences in creditor voting, cramdown provisions, court oversight, and the strategic considerations companies must weigh when selecting their restructuring forum.

Legal teams in England and Wales often overlook the strategic value of interlocutory applications during litigation. This practical guide outlines ten essential principles for maximizing the success of interim applications, from thinking like a judge to addressing the CPR's Overriding Objective, while explaining why lawyers should be more proactive in utilizing the full procedural toolkit available under the Civil Procedure Rules.

Legal teams in England and Wales often overlook the strategic value of interlocutory applications during litigation. This practical guide outlines ten essential principles for maximizing the success of interim applications, from thinking like a judge to addressing the CPR's Overriding Objective, while explaining why lawyers should be more proactive in utilizing the full procedural toolkit available under the Civil Procedure Rules.

Gatehouse Chambers' Personal Injury Team has been shortlisted for Personal Injury Set of the Year at the Legal 500 Bar Awards, reflecting the team's continued growth and excellence in advocacy. This newsletter edition features practical guidance on interlocutory applications, analysis of recent Court of Appeal decisions on workplace safety rights and public authority liability, and updates on team appointments and client events.

When a vessel sale falls through due to a seller's negligence in missing the cancellation deadline, can the buyer recover the full value of their lost bargain? The UK Supreme Court's landmark decision in Lila Lisbon addresses this critical question under the widely-used Norwegian SALEFORM 2012 contract, potentially reshaping damages claims across international shipping transactions.

The UK Supreme Court has ruled on whether sovereign states can invoke immunity to resist enforcement of adverse ICSID arbitration awards in English courts. Spain and Zimbabwe challenged the registration...

The English Court of Appeal has ruled that a state's ratification of the New York Convention does not constitute a waiver of sovereign immunity in enforcement proceedings. Does this decision create obstacles for investors seeking to enforce arbitral awards against states, and what strategies should parties employ when contracting with state entities?

The Court of Appeal has ruled that ratifying the New York Convention does not waive a state's sovereign immunity in enforcement proceedings, creating a significant distinction from ICSID Convention protections. This decision clarifies the complex interaction between international arbitration treaties and state immunity rules, with important implications for investors seeking to enforce arbitral awards against sovereign states. The judgment contrasts sharply with recent Supreme Court precedent on ICSID award