4 New Square

This Practice Note, produced in partnership with Stephen Innes of 4 New Square, considers what the receiver’s duty to take reasonable care to obtain the best price reasonably obtainable means in practice in the context of a sale of a secured property. It considers the use of selling agents, the timing of the sale and the steps a receiver should take as part of the sales process.

This Practice Note considers the impact of Regulation (EU) 1215/2012, Brussels I (recast) where there are identical or related proceedings pending before the courts of a non-EU Member State (or third state as they are often known). The relevant provisions in the regulation are Article 33 and Article 34 of Regulation (EU) 1215/2012, Brussels I (recast). This Practice Note includes discussion of the application of relevant provisions in the regulation to the UK as a third state following its departure from the EU (subject to the application of transitional provisions in the Withdrawal Agreement).

This Practice Note offers an overview of some of the core procedural standards that govern arbitration proceedings (including international arbitration proceedings). It includes a discussion of the law of the seat, the applicable arbitration rules and other relevant arbitral standards such as professional obligations. This topic may be referred to as: minimum procedural standards in international arbitration; the relevance of the law of the seat (lex arbitri) to international arbitration proceedings; procedure in arbitration; what can I expect from a tribunal in international arbitration proceedings; fundamental rules of procedure in international arbitration; due process in international arbitration; and, procedural fairness and efficiency in international commercial arbitration.

This Practice Note, produced in partnership with Tom Shepherd of 4 New Square, contains practical advice on dealing with suppliers and customers during a restructuring or insolvency process, including best practice in the circumstances to protect the company and directors, and how to work with retention of title clauses (also known as Romalpa clauses).

ARCHIVED: This Practice Note considers the impact of Regulation (EU) 1215/2012, Brussels I (recast) where there are identical or related proceedings pending before the courts of a non-EU Member State (or third state as they are often known). The relevant provisions in the regulation are Article 33 and Article 34 of Regulation (EU) 1215/2012, Brussels I (recast). This Practice Note includes discussion of the application of relevant provisions in the regulation to the UK as a third state following its departure from the EU (subject to the application of transitional provisions in the Withdrawal Agreement).

This Practice Note considers the ethical obligations (duties), rules and procedures governing the conduct of barristers and solicitors, qualified to practise in England and Wales (E&W), involved in international arbitration proceedings as legal representatives. The Practice Note may be of broader use to those practising in international arbitration. As well as identifying why this subject is important to lawyers (including the common areas of tension), the Practice Note identifies and discusses the main sources of ethical regulation of English lawyers in international arbitration, which include: the IBA Guidelines on Party Representation in International Arbitration; the Bar Standards Board (BSB) and Solicitors Regulation Authority (SRA) Standards and Regulations; and, the LCIA General Guidelines for the Authorised Representatives of the Parties. The Singapore Institute of Arbitrators’ Guidelines on Party-Representative Ethics and the ICC’s Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration are also noted. This broad subject may be referred to as: codes of conduct applying to UK-qualified lawyers in international arbitration proceedings; what regulatory regime governs lawyer conduct in arbitrations; what are my obligations as an English lawyer in international arbitration proceedings; regulation of party representative conduct in arbitration; and, lawyer ethics in arbitral proceedings.

This Practice Note addresses the role often performed by tribunal secretaries (also referred to as arbitral secretaries or administrative secretaries or administrative assistants) in international arbitration. The Practice Note includes a discussion of P v Q, Sonatrach v Statoil and the Yukos case regarding the permissible use of tribunal secretaries.

This Practice Note explores unlicensed medicinal products and the various ways that such products may be made available to patients in the EU and UK, including through the UK’s Specials regime. The note goes on to consider the use of licensed medicinal products outside the terms of their authorisation (known as off-label use). Finally, this Practice Note considers liability issues concerning the unlicensed use of medicines.

This is Precedent witness statement for use by a defendant to resist a claimant’s application under section 101 of the Arbitration Act 1996 for permission to enforce a New York Convention arbitral award in the same manner as a judgment or order to that effect. This Precedent witness statement should be used in conjunction with the draft order for resisting enforcement.