Mr Justice Butcher has upheld a challenge by Vakifbank, a Turkish bank, to the English Court’s jurisdiction to try a claim brought by BTA, a Kazakh bank, and its affiliate. The background was that BTA had given Vakifbank a guarantee, governed by Turkish law, of a debt. By the time Vakifbank called on the guarantee, BTA had entered an insolvency restructuring. Vakifbank made a claim in the insolvency,...
Craig Orr QC participated in the Joint UNCITRAL-LAC Conference on Dispute Settlement on 20 March 2018, in Ljubljana, Slovenia. Craig Orr shared a panel with arbitration practitioners from Germany, Switzerland and Slovenia considering the role of arbitral tribunals in combatting economic crime in international arbitration. He focused on the legal effects of economic crime on the arbitrability...
The important decision of the Court of Appeal in Computer Associates UK Ltd v The Software Incubator Ltd  EWCA Civ 518 has held (reversing the judgment of HHJ Waksman QC at first instance) that the supply of software in the form of a download is not a “sale of goods” for the purposes of the Commercial Agents (Council Directive) Regulations 1993. As the Court found, English,...
One Essex Court has concluded a season of successful events focussing on life and work as a woman at the Commercial Bar. On Tuesday 13 March 2018 over 60 students attended a panel discussion and drinks reception at the Inner Temple, London. Emma Himsworth QC, Nehali Shah and Patricia Burns each spoke about their path to the bar and gave the attendees a first-hand insight into their experiences of their...
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