You, Dispute Resolution
& Ince, in any case
我们可以快速地为客户提供服务 - 尤其在网络媒体时代，为客户避免或减少负面报道，避免和减少由此造成的声誉损害。
Wai Yue Loh 劳玮裕 / 北京代表处首席代表/ 合伙人, 香港/ 新加坡英新律师事务所, 联席管理董事/ 资深认证专家律师（海商法业务），新加坡法律协会 / 北京
新闻 / Court declines further adjournment of contempt application against sanctioned defendant
07-03-2023 / 航运
In the recent case of PJSC National Bank Trust v. Boris Mints, the Court confirmed that sanctioned entities have a fundamental right of access to the English courts. In this case, the Court has made it clear that a defendant will not be permitted to delay any legitimate proceedings against him beyond what is reasonable on the basis that his sanctioned status may prevent him getting a fair trial.
事件 / Casual New Networking (CNN) event (February 2023)
The first of this year’s series of Casual New Networking (CNN) events is taking place on 23 February 2023. Come along to this friendly, professional networking event to meet with new and familiar faces over pizza and drinks. Remember to bring along your business cards to enter the free prize draw!
新闻 / Sanctioned entities have fundamental right of access to English courts
14-02-2023 / 航运
The Court has found that the UK sanctions regime does not deny sanctioned entities the right to access the English courts in circumstances where their disputes are subject to the English Court’s jurisdiction and they have a good arguable claim. In coming to this decision, the Court usefully summarised the applicable sanctions regulations and considered the scope of the licencing regime implemented by the UK Office of Foreign Sanctions (OFSI).
洞察力 / The Third Party Litigation Funding Law Review Sixth Edition Contribution from UAE Partners
09-01-2023 / 航运
We are delighted to share that Mohamed El Hawawy, Joint Managing Partner, and Natalie Jensen, Partner, from our Dubai office, have contributed the UAE chapter to the recently published Sixth Edition of the Third Party Litigation Funding Law Review.
洞察力 / Lessons from Twitter - post-acquisition, merger or settlement disputes
Drawing on Elon Musk's recent acquisition of Twitter, we explore some of the ways businesses can reduce their risk of post-acquisition, merger or settlement disputes.
新闻 / Appeals from arbitration: is reform required?
15-11-2022 / 航运
In September 2022, the UK Law Commission published a consultation paper with provisional recommendations for updating the Arbitration Act 1996 (the Act 1996). Amongst other things, the Law Commission considered whether any changes need to be made to: (i) s.67 of the Act 1996, which deals with jurisdictional challenges to arbitral awards; and (ii) s.69 of the Act 1996, which deals with appeals on points of law.
新闻 / The Arbitration Act 1996 – pause for thought, 25+ years on…
30-09-2022 / 航运
At the request of the UK Government, the Law Commission is reviewing the Arbitration Act 1996 (the “Act”) to establish whether or not it remains fit for purpose.
新闻 / Cryptocurrency Fraud and Asset Tracing Legal Service of Documents through NFT - A Hong Kong Perspective
14-06-2022 / 科技、媒体与电信
In June 2022, LCX, a prominent centralised cryptocurrency exchange based in Liechtenstein, effected legal service upon anonymous hackers through the use of NFT.
新闻 / Protecting you and your business from inheritance disputes - dying without a Will
Janice Powell, Partner & Head of Dispute Resolution at Ince (Cardiff), says it is important to have a Will in place in order to protect and control the ownership of your personal and business assets in the event of your death. However, for a multitude of reasons, many people die without creating a Will.
新闻 / Ince bolsters presence in Greece with seven new hires in Piraeus office
01-06-2022 / 航运
Ince is growing its Piraeus office with the addition of three shipping litigators, three ship finance experts, and an additional mariner to the admiralty team.
新闻 / The last of the remaining debt recovery restrictions have been lifted
On 1 April 2022, the last of the remaining debt recovery restrictions were lifted, and the insolvency regime returned to its pre-pandemic position. This change is part of the general relaxation of coronavirus-related legislation of the Corporate Insolvency and Governance Act 2020, designed to protect companies impacted by the pandemic.
新闻 / Agreement for existing DIFC-LCIA arbitrations to be administered by LCIA
01-04-2022 / 航运
Decree No. 34 of 2021 concerning the Dubai International Arbitration Centre (the ‘Decree’) came into force in September 2021 and aimed to streamline arbitration in Dubai by amalgamating it under one institution – the Dubai International Arbitration Centre (‘DIAC’). For a summary of the Decree’s contents.
新闻 / Ince appoints new Joint Managing Partners for Dubai office
16-03-2022 / 航运
We have recently appointed Partners Mohamed El Hawawy and Alastair Holland as new Joint Managing Partners of our Dubai office. Mohamed and Alastair’s broad and extensive sector expertise, as well as their combined experience and networks in the UAE, strongly position them to lead our presence in the Middle East. As new Joint Managing Partners, they remain unequivocally committed to our clients and look forward to progressing our growth plans within the region.
新闻 / The new Judicial Fees Law of the Kingdom of Saudi Arabia (the “KSA”) - an extraordinary development
As an exceptional development to the KSA Court and Legal system, the Judicial Fees Law (the “New Law”) issued by the Council of Ministries by Royal Decree No. M/16 on 30/1/1443 (corresponding to 7 September 2021 G) will come into force for the Hijri date (corresponding to 14 March 2022 G) which is 180 days from when the New Law was published.
新闻 / Dubai International Arbitration Centre issues its new Arbitration Rules
Decree No. 34 of 2021 concerning the Dubai International Arbitration Centre (the “Decree”) came into force in September 2021 and aimed to streamline arbitration in Dubai. For a summary of the Decree’s contents, please see our articles here, here and here. Whilst a number of questions remain, the wait for the new Dubai International Arbitration Centre (“DIAC”) Rules is finally over and with that, a major layer of uncertainty in relation to arbitration in Dubai is removed.
新闻 / Ask the expert: 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.
新闻 / Dilapidations – an avoidable headache for landlords and tenants
21-12-2021 / 房地产
The pandemic has forced many businesses to adapt. Arguably, one of the biggest changes was the mass move of staff from predominantly office-based working, to working from home and the encouragement of agile/flexible working.
新闻 / Contribution in UAE chapter for fifth edition of the Third Party Litigation Funding Law Review
We are very pleased to share that Mohamed El Hawawy, Joint Managing Partner and Monika Humphreys-Davies recently authored the UAE chapter of the fifth edition of The Third Party Litigation Funding Law Review.
洞察力 / • ‘Human Rights: Beyond Legitimate Undercover Acts’ J.L.S.S. 2021, 66(11), 40-41
An article commenting on the decision of the IPT in Wilson v. Commissioner of Police of the Metropolis  UKIPTrib IPT_11_167_H which concerned breaches of a political activists’ human rights.
洞察力 / Giuffre v Prince Andrew: What happens next?
Press coverage and speculation about Prince Andrew and Virginia Giuffre continues unabated, with the focus now on the Court proceedings. Whilst all eyes are on that process, Prince Andrew’s legal team’s approach to date, of avoidance rather than total engagement, has begun to solidify the public’s often-kept opinion that there is “no smoke without fire”.
洞察力 / New DIAC Decree aims to streamline arbitration in Dubai: Your questions answered
27-09-2021 / 航运
Decree No. 34 of 2021 concerning the Dubai International Arbitration Centre recently came into force, making a number of changes to the arbitration landscape in Dubai.
洞察力 / New DIAC Decree aims to streamline arbitration in Dubai
On 14 September 2021 the Government of Dubai issued Decree No. 34 of 2021 concerning the Dubai International Arbitration Centre (the “Decree”), together with the Statute of Dubai International Arbitration Centre (the “Statute”).
新闻 / 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.
新闻 / 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.
新闻 / 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).
新闻 / 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.
新闻 / 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.
洞察力 / 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.
洞察力 / ‘Human Rights: Inner House Message in Privacy Group Chat’ J.L.S.S. 2020, 65(11), 34
An article commenting on the case of BC v. Chief Constable, Police Service of Scotland  CSIH 61 regarding the Inner House’s judgement on privacy rights afforded to police officers.
洞察力 / • ‘Human Rights: Judicial Review Refusal does not need Oral Hearing’ J.L.S.S. 2020, 65(8), 34
An article commenting on the case of Prior v. Scottish Ministers  CSIH 36 concerning requirement to appoint an oral hearing when considering a request for permission to proceed with a petition for Judicial Review.
洞察力 / 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.
洞察力 / 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”.
洞察力 / 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.
新闻 / 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.
洞察力 / 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.
新闻 / 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.
新闻 / 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.
洞察力 / 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.
新闻 / 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.
新闻 / 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.
洞察力 / ‘What’s the (Group) Chat on Privacy Rights?’ J.L.S.S. 2019, 64(8), 30-31
An article which appeared in the August 2019 edition of The Journal commenting on the landmark case of C v Chief Constable of the Police Service of Scotland  CSOH 48 concerning police officers’ rights to privacy at common law and under Art 8 ECHR.
新闻 / 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.
洞察力 / ‘Fixed Penalties and Fair Trials’ J.L.S.S. 2019, 64(5), 32
An article published in the May 2019 edition of The Journal commenting on the recent case of Queen, Petitioner  CSOH 10.
新闻 / 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.
洞察力 / ‘Prisoner privacy proportionality’ J.L.S.S. 2018, 63(8), 33-34
An article which appeared in the August 2018 edition of The Journal and considered the case of Beggs, Petitioner  CSOH 72.
新闻 / 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.
新闻 / 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.
洞察力 / Smash and Grab adjudications – too good to be ‘true’?
An article commenting on the case of Grove Developments Ltd v. S&T (UK) Ltd EWHC 123 (TCC) which appeared in Scottish Legal News and Scottish Construction Now.
新闻 / 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.