News / Which type of Alternative Dispute Resolution (ADR) is best for you and your business?
Due to increasing delays in Court Proceedings exacerbated by the pandemic, Alternative Dispute Resolution (known as “ADR”) is becoming more important than ever for businesses and individuals alike to resolve disputes. Whilst some cases may require Court intervention to resolve a dispute, early involvement and use of the correct means of ADR can facilitate parties in setting aside their differences and in some cases enable them to reach an early resolution.
News / Avoid Court delays with Alternative Dispute Resolution
Recent media headlines have highlighted the delays in courts hearing trials in both criminal and civil proceedings. Prior to March 2020, the courts were already experiencing delays in listing hearings and trials, and this delay was further exacerbated by the Coronavirus pandemic.
News / EU and UK address for service for trade mark and registered design owners
With all existing EU and UK trade mark and design registrations, it is possible to register an address for service, which will then act as your trade mark representative.
News / EU and UK trade mark and registered design renewals
Important notice for all EU trade mark and registered design rights owners: If you have EU trade mark or design registrations that are due for renewal between 1 January and 30 June 2021, important new changes will affect the renewal of your mirrored UK registration(s).
News / Re-introduction of Crown preference: Government prioritises public revenue streams over enterprise
HMRC had preferential status up to 2003, until it was abolished under the Enterprise Act 2002, by the then Labour Government seeking to support entrepreneurs and their right to a second chance.
Insights / Dogs – a man’s best friend or landlord’s worst nightmare?
The pandemic led to an increase in demand for many everyday items, from flour to toilet roll. It also saw a rise in demand for dogs and other domestic animals; as families decided to embrace their new working from home lifestyle by introducing a new, furry addition to their family.
Insights / Virtual witnessing of Wills: can the Wills Act 1837 advance in line with modern technology?
The temporary amendments to the Wills Act provide a shift in the meaning of the word “presence” when witnessing a Will. Until now, the physical presence of a witness has been deemed essential. The amendments allow for witnesses to be “present” via video, therefore avoiding the requirement for people to physically meet.
Insights / Ince’s Quick Guide to Tailoring Your Dispute Resolution Clauses
We have previously published a Quick Guide on factors to take into account when deciding on a dispute resolution mechanism. As previously mentioned, the dispute resolution clause is often not given the attention it deserves by the contracting parties and is frequently referred to as the "midnight clause”.
Insights / Part 1: Ince’s Quick Guide to Tailoring Your Dispute Resolution Clauses
We have drafted the following quick guide from a UAE perspective outlining some of the key factors that should to be considered when deciding on which dispute resolution mechanism to incorporate into your contract.
News / Steps to minimise your estate being the subject of a dispute
Covid-19 has forced us all to consider scenarios that were previously unthinkable. As we are having to spend an extended period of time in isolation, in accordance with Government guidance, we have the time to start considering the matters which we often avoid talking about and dealing with, particularly lifetime and estate planning.
Insights / Covid-19: How has this impacted Singapore as a dispute resolution forum?
The outbreak of Covid-19 has had a significant impact on how parties are able to commence and continue the conduct of dispute resolution proceedings, especially at the transnational level.
News / Ince Metcalfes expands Dispute Resolution team
Bristol-based law firm Ince Metcalfes is pleased to welcome Holly Manners as an Associate to their expanding Dispute Resolution team.
News / What happens if you can’t perform your contract as a result of Covid-19; Force majeure and doctrine of frustration in the context of Covid-19
Whilst the health and wellbeing of society as a whole is at the forefront of everyone’s minds, business owners are likely to have additional concerns in circumstances where it is difficult, or in some cases impossible, to perform contracts entered into prior to the Covid-19 pandemic. Those businesses who are unable to perform their obligations under the contract, will need to review the terms of the contract itself to see if they are able to avoid or mitigate a liability which could otherwise amount to a breach of contract.
Insights / Tenants to be protected from eviction during Coronavirus crisis
The Coronavirus Act 2020-2021 contains provisions to suspend evictions in the private rented sector during the Covid-19 crisis.
News / The Effect of Covid-19 to Dispute Resolution
As I continue to follow updates, news broadcasts, and press conferences whilst working from home, it strikes me how difficult it is to absorb all of the new, and ever changing information being provided to us. These changes are having a huge impact on society as a whole and we have to adjust.
News / The Coronavirus Bill/The Coronavirus Act 2020 – What does it mean for Dispute Resolution?
As I write this article I wonder whether, by the time it is finished, it will still be current. The news is developing so quickly that we are running out of paper (or would be if so much of it hadn’t already been stockpiled...). The Government is doing all it can and that means legislation. The “Coronavirus Bill” is now available widely online and can be found on the Parliamentary publications website (link here). It runs to 329 pages and it is suggested in the bill that it could remain in place until March 2022.
News / Ministry of Law launches public consultation on allowing appeals to the High Court on questions of law arising from an arbitral award and other proposed amendments to Singapore's International Arbitration Act
Background The Ministry of Law (MinLaw) has launched a public consultation to receive feedback on proposals to amend the International Arbitration Act (“IAA”). In its consultation paper, MinLaw has invited members of the public to provide feedback on a draft IAA Bill which, most notably, proposes the insertion of provisions to provide the option for parties to incorporate a right to appeal to the High Court on a question of law arising out of an award made in the proceedings, where parties have agreed to opt in to this mechanism.
News / Hong Kong cements commitment to regional cooperation in arbitration
The Hong Kong government has begun the year by affirming its commitment to regional collaboration in international arbitration and mediation through signing a Memorandum of Cooperation (“MoC”) with the Ministry of Justice of Japan. A copy of the MoC signed on 9 January 2019 can be accessed here.
News / Creditor initiated bankruptcy proceedings in the UAE onshore courts
The new UAE Bankruptcy Law, Law No. 9 of 2016 (the “Bankruptcy Law”), entered into force on 29 December 2016. It has been a welcome development by creditors as it presents another potential avenue for recoveries via winding up or restructuring process. In this article, we focus on the procedure that applies to a creditor wishing to commence bankruptcy proceedings against a debtor in the UAE onshore courts.
News / The UAE introduces changes to challenging and enforcing arbitral awards in the country
This year marks the adoption of the new Arbitration Law in the UAE (Federal Law No 6 of 2018 on Arbitration), which entered into force on 16 June 2018 In this article, we focus on the changes introduced by the Arbitration Law to the process of enforcement and challenging of certain arbitral awards in the UAE The ease of enforcement is one of the key criterion when choosing a dispute resolution mechanism and the new law has made significant changes to this process with the aim of making enforcement of arbitration awards a simpler process.
News / Digging deep: utilising available legal tools for effective debt recovery
The problem of debt recovery in the United Arab Emirates (“UAE”) remains of high interest to our clients both locally and abroad. In this article we want to highlight the tools that are available for debt recovery if you are prepared to put time and effort in it.
News / Our dispute resolution team played a pivotal part in insolvency law precedent
Last week saw a first for the Administrative Court regarding the procedure in which an application was made by a Trustee in Bankruptcy The case of Simmonds v Pearce 2017 EWHC 3126 ended in the approved judgment of the Divisional Court following the first application for committal to prison based on the Certification Procedure' under CPR 8115
Insights / How to deal with a defamatory statement about your business
We all have days where we feel like letting off steam. But what can you do if someone decides to vent their feelings online at your company’s expense?
News / Comparison of the position under the UAE Commercial Companies Law and the DIFC regime
This article compares the general principles that apply to directors' duties and liabilities in the UAE onshore with those applying in the Dubai International Financial Centre (DIFC) The comparison will be of interest to businesses that have both DIFC and onshore companies in their group structure as it gives an insight into the differences and the similarities between the two regimes
News / Emirates Maritime Arbitration Centre: a new forum for resolution of maritime disputes in the UAE
26-01-2017 / Maritime
The Chairman of the Emirates Maritime Arbitration Centre (EMAC), Sir Anthony Colman, has said that The primary function of EMAC is to provide flexible and neutral mechanisms to effortlessly settle disputes within the maritime sector in UAE Situated in Dubai, EMAC began operating in September 2016 and was officially launched in November 2016 With the establishment of EMAC, the UAE now has a specific set of rules and a forum for those in the maritime industry wishing to resolve their disputes in the Middle East regionnbsp
News / Mediation today – settlement or structural failure? – Adrian Bingham’s article in The Law Society Gazette
09-01-2017 / Real Estate
Adrian Bingham's article was first published by The Law Society Gazette on 21 December 2016 Legal practitioners are increasingly impervious to the arts of mediation – but it can achieve remarkable results
News / Iran sanctions - an Asia update
In this update, we focus on the lifting of sanctions by Hong Kong and Singapore and the impact on businesses in both these major Asian countries.
News / How parliamentary privilege can harm reputations without repercussions
Robin Shaw's article was published by Spear's on 18 March 2016 Robin Shaw says the immunity may someday be challenged under the Human Rights Act.
News / Marshalling – nothing and then two come along at the same time
Marshalling is an equitable principle. It has been explained as follows;
News / Implementing Slavery and Human Trafficking Statements - a potential PR pothole?
The Modern Slavery Act 2015 consolidates offences relating to slavery and human trafficking. The mischief was regarded as sufficiently grave to include a requirement (under section 54 of the Act) for all UK commercial organisations over a certain size to produce a “slavery and human trafficking statement” for each financial year (known as the transparency in supply chains etc requirement).
News / Execution of Contracts - Court of Appeal provides valuable reminder of the importance of formalities of execution
The recent case of Integral Petroleum S.A. v SCU-Finanz AG  EWCA Civ 144 concerned an agreement between two Swiss trading companies for the sale and purchase of up to 400,000 metric tons of oil products per year at the seller’s option. The contract provided that it would be governed by English law and that the English High Court would have exclusive jurisdiction. A number of matters, including the particular products, quantities and prices, were left to be specified in separate addenda to the contract and, it appears, were never agreed.
News / Liquidated Damages - Unaoil Ltd v Leighton Offshore Pte Ltd 2014 EWHC 2965 (Comm)
Often contracts are amended prior to or during performance. If they contain a liquidated damages clause, this should not be overlooked. Many industry contracts contain a liquidated damages clause, a pre-agreed sum payable to one party for a specific breach of contract by another party. These commonly address contractor delay and/or defective performance. Key advantages of such clauses are that they offer both parties certainty over the damages payable for delay, and provide scope to limit a contractor’s liability.
News / Beware the pitfalls of inconsistent dispute resolution clauses
29-01-2015 / Maritime
Transgrain Shipping BV v. Deiulemar Shipping SpA & Another (Eleni P)  EWHC 4202 (Comm) Parties should be very careful to ensure that no competing dispute resolution clauses are contained in the same contract. In this case, two competing arbitration clauses meant that it was unclear whether a time bar provision applied to a claim under the charterparty. The parties had to go to court to establish which arbitration clause applied.