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Expert Analysis

• Decoding Arbitral Disputes: Blasket Win Is A Beacon Of Hope

  

  A Belgian court's recent decision in favor of Blasket Renewable Investments, enforcing an arbitral award against the Kingdom of Spain, signals that despite the European Court of Justice's restrictive interpretations, there is judicial support within the European Union for enforcing investors' rights under international arbitration agreements, says Josep Galvez at 4-5 Gray's Inn.

• UK Approach To AI Patentability Appears Settled For Now

  

  After a High Court ruling upended the status quo last year, the Court of Appeal’s recent decision that Emotional Perception’s artificial neural network is not patentable represents a return to the U.K.’s familiar, albeit often complex, approach to patentability of artificial intelligence technology and computer programs generally, say lawyers at Potter Clarkson.

• How Digital Markets Act Will Enhance Consumer Protections

  

  The Digital Markets Act represents a major shift in U.K. competition and consumer protection law by introducing a new regulatory regime for large digital firms, and by giving the Competition and Markets Authority broader merger investigation powers and a wider enforcement remit for online activities, say lawyers at Cooley.

• What Steps Businesses Can Take After CrowdStrike Failure

  

  Following last month’s global Microsoft platform outage caused by CrowdStrike’s failed security software update, businesses can expect complex disputes over liability resulting from multilayered agreements and should look to their various insurance policies for cover despite losses not stemming from a cyberattack, says Daniel Healy at Brown Rudnick.

• Drafting Settlement Agreements That Avoid Future Disputes

  

  Several recent U.K. rulings highlight the importance of drafting precise settlement agreements to prevent time-consuming and costly disputes over what claims the agreements were meant to cover, says Michelle Radom at Osborne Clarke.

• Int'l Treaties May Aid Investors Amid UK Rail Renationalization

  

  The recently introduced Passenger Railway Services Bill seeks to return British railways to public ownership without compensating affected investors, a move that could trigger international investment treaty protections for obligation breaches, says Philipp Kurek at Signature Litigation.

• Insurance Rulings Show Court Hesitancy To Fix Policy Errors

  

  Two recent Court of Appeal insurance decisions highlight that policyholders can only overcome policy drafting errors and claim coverage if there is a very obvious mistake, emphasizing courts' reluctance to rewrite contract terms that are capable of enforcement, says Aaron Le Marquer at Stewarts.

• AI Reforms Prompt Fintech Compliance Considerations

  

  With the EU Artificial Intelligence Act's Aug. 1 enforcement, and the U.K.'s new plans to introduce AI reforms, fintech companies should consider how to best focus limited resources as they balance innovation and compliance, says Nicola Kerr-Shaw at Skadden.

• Should Arbitrators Do More To Encourage Settlements?

  

  In light of discussions on settlement in arbitration, there is a consensus that arbitrators in English-seated proceedings should play a greater role, but determining the extent of that involvement is difficult, as arbitrators can inadvertently place themselves in a position of potential conflict, say lawyers at Dentons.

• Irish Businesses Should Act Now To Prepare For EU AI Act

  

  Artificial intelligence is increasingly transforming the Irish job market, and proactive engagement with the forthcoming European Union AI Act, a significant shift in the regulatory landscape for Irish businesses, will be essential for Irish businesses to responsibly harness AI’s advantages and to maintain legal compliance, say lawyers at Pinsent Masons.

• Takeaways From World Uyghur Congress Forced Labor Ruling

  

  The Court of Appeal’s recent judgment in the World Uyghur Congress' case against the National Crime Agency confirms that companies dealing in goods that they suspect to be products of forced labor are potentially liable to criminal prosecution, presenting significant legal risks that cannot always be mitigated through conducting supply chain due diligence, say lawyers at King & Spalding.

• Emissions And Extraction: Unpacking The Finch Ruling

  

  In Finch v. Surrey County Council, the U.K. Supreme Court recently found that the council's authorization of an oil field expansion was unlawful for failing to consider its greenhouse gas effects, potentially leading to major implications for planning decision processes, say lawyers at Hausfeld.

• 10 Ways To Manage AI Risks In Service Contracts

  

  With the European Union Artificial Intelligence Act coming into force on Aug. 1 and introducing a new regulatory risk, and with AI technology continuing to develop at pace, parties to services arrangements should employ mechanisms now to build in flexibility and get on the front foot, says James Longster at Travers Smith.

• Unpacking The New Concept Of 'Trading Misfeasance'

  

  In addition to granting one of the largest trading awards since the Insolvency Act was passed in 1986, the High Court recently introduced a novel claim for misfeasant trading in Wright v. Chappell, opening the door to liability for directors, even where insolvent liquidation or administration was not inevitable, say lawyers at Greenberg Traurig.

• Don't Wing Settlements: Lessons From Morley's TM Ruling

  

  In Morley's v. Sivakumar, the Intellectual Property Enterprise Court recently found that a fast-food franchiser had breached a fried chicken franchise's trademark rights, despite a prior settlement agreement, offering lessons on drafting express terms to ensure IP protection, say Nessa Khandaker and Clare Cornell at Finnegan.