You, Dispute Resolution
& Ince, in any case

04-05-2023 /

The Saudi Centre for Commercial Arbitration (SCCA) has recently updated its arbitration rules, which came into effect on 1 May 2023 (the Rules). We provide an overview of the key changes.

05-04-2023 / Maritime

In January 2022, the UK Law Commission commenced its review of the Arbitration Act 1996 and published its first consultation paper in September 2022. That consultation period closed in December 2022. However, as a result of some of the responses received from around 118 consultees, the Law Commission is now conducting a second consultation exercise discussing three topics.

07-03-2023 / Maritime

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.

23-02-2023 /

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!

14-02-2023 / Maritime

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).

09-01-2023 / Maritime

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.

24-11-2022 /

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.

15-11-2022 / Maritime

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.

30-09-2022 / Maritime

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.

14-06-2022 / TMT

In June 2022, LCX, a prominent centralised cryptocurrency exchange based in Liechtenstein, effected legal service upon anonymous hackers through the use of NFT.

13-06-2022 /

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.

09-06-2022 /

01-06-2022 / Maritime

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.

25-05-2022 /

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.

01-04-2022 / Maritime

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.

16-03-2022 / Maritime

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.

11-03-2022 /

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.

08-03-2022 /

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.

17-01-2022 /

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.

21-12-2021 / Real Estate

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.

09-12-2021 /

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.

15-11-2021 /

An article commenting on the decision of the IPT in Wilson v. Commissioner of Police of the Metropolis [2021] UKIPTrib IPT_11_167_H which concerned breaches of a political activists’ human rights.

11-10-2021 /

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”.

27-09-2021 / Maritime

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.

20-09-2021 /

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”).

06-06-2021 /

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.

25-05-2021 /

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.

14-12-2020 /

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).

14-12-2020 /

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.

30-11-2020 /

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.

19-11-2020 /

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.

16-11-2020 /

An article commenting on the case of BC v. Chief Constable, Police Service of Scotland [2020] CSIH 61 regarding the Inner House’s judgement on privacy rights afforded to police officers.

17-08-2020 /

An article commenting on the case of Prior v. Scottish Ministers [2020] CSIH 36 concerning requirement to appoint an oral hearing when considering a request for permission to proceed with a petition for Judicial Review.

04-08-2020 /

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.

07-07-2020 /

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”.

29-06-2020 /

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.

12-06-2020 /

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.

21-05-2020 /

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.

05-05-2020 /

Bristol-based law firm Ince Metcalfes is pleased to welcome Holly Manners as an Associate to their expanding Dispute Resolution team.

29-04-2020 /

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.

26-03-2020 /

The Coronavirus Act 2020-2021 contains provisions to suspend evictions in the private rented sector during the Covid-19 crisis.

25-03-2020 /

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.

25-03-2020 /

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.

19-08-2019 /

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 [2019] CSOH 48 concerning police officers’ rights to privacy at common law and under Art 8 ECHR.

08-07-2019 /

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.

20-05-2019 /

An article published in the May 2019 edition of The Journal commenting on the recent case of Queen, Petitioner [2019] CSOH 10.

31-01-2019 /

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.

13-08-2018 /

An article which appeared in the August 2018 edition of The Journal and considered the case of Beggs, Petitioner [2018] CSOH 72.

16-07-2018 /

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.

16-07-2018 /

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.