Twenty Essex

⏰ In what is thought to be the first of Nissan’s claims against Carlos Ghosn to come to trial following the former CEO's highly publicised flight from house arrest in Tokyo, the BVI High Court has ruled that US$32 million was misappropriated and ultimately used to purchase a 37-metre motor yacht registered in the Caribbean territory. The decision shows the power and reach of the BVI courts in cases concerning the return of ill-gotten gains – particularly where proceedings closer to the underlying events haven't been able to run their course. The judgment also provides important findings on: 🔵 applicable law regarding dishonest assistance and breach of fiduciary duty claims 🔵 the constitutional status of historical English law 🔵 the effect of a debarring order on a trial. Joshua Folkard acted for Nissan, led by George Spalton KC of 4 New Square, instructed by MKS. Read more: https://lnkd.in/e_g2MR6t

🔔 Today, judgment was handed down in the highly anticipated challenge to an investment treaty award against the Czech Republic under sections 67 and 68 of the Arbitration Act 1996. A team of Twenty Essex barristers – Lord Verdirame KC, Philip Riches KC, Kate Parlett, Sam Goodman, Jonathan Ketcheson and Isabelle Winstanley – acted for the successful investors, Diag Human SE and Josef Stava, resisting the challenge. In the latest judgment in a long-running case – one of The Lawyer’s Top 20 cases for 2024 – Mr Justice Foxton dismissed four challenges, and set out findings on the nature of qualifying investments (here, under the Swiss-Czech Treaty), the tribunal's temporal jurisdiction, the question of who "controlled" Diag Human SE, and whether there was substantial injustice arising from a previous, partial determination. The judgment represents an extensive foray into what is, for the English Commercial Court, new ground on many points of international law, and provides helpful guidance for those involved in challenges to investment treaty awards from English-seated tribunals. Our team of barristers was instructed by Mishcon de Reya LLP. Read more: https://lnkd.in/e9KNzPBM

📚 Publication Matthew Chan has co-written an article featured in the July edition of the Law Quarterly Review with Myron Phua (St. Hilda’s College, University of Oxford). The article titled “The enforcement of foreign arbitration agreements by anti-suit injunction” (submitted prior to the Supreme Court’s decision in Unicredit in April 2024) discusses the reasoning in Deutsche Bank AG v RusChemAlliance LLC and its significance when viewed alongside the Court of Appeal’s decision in Unicredit Bank GmbH v RusChemAlliance LLC. Read the full article: https://lnkd.in/eps2BQKy

📢 Significant s.68 challenge judgment in Aiteo Eastern v Shell Western & Ors [2024] EWHC 1993 (Comm), with Jacobs J ordering that one of four awards from an ICC Tribunal be remitted for reconsideration by a reconstituted panel. Belinda McRae, led by Ben Juratowitch KC of Essex Court Chambers, was instructed by Freshfields Bruckhaus Deringer for the defendants. Read more: https://lnkd.in/etFCRFB3 View the judgment: https://lnkd.in/ew4zkiS5

Last night we hosted members of the Tech Disputes Network (TDN) for their summer party ☀️ TDN is an inclusive forum for professionals from the technology and legal industries interested in avoiding, managing and winning tech disputes. We hope everyone enjoyed reconnecting with familiar faces and meeting new ones too.

We are thrilled to share that we have been shortlisted for ‘Chambers of the Year’ at The Legal Business Awards 2024 for the second year in a row 🎉 Huge congratulations to Philip Riches KC who has been shortlisted for ‘Barrister of the Year’. The full shortlist can be found here: https://lnkd.in/dr554dBE #LBAwards2024 

A great start to the week as Twenty Essex has been featured in the latest ‘Signal Disputes’ report from The Lawyer This recognition is a testament to the hard work and commitment of chambers leadership, our senior management team and all Twenty Essex members over the last half-decade or more. The report highlights some of the challenges and opportunities facing the whole of the commercial bar: plenty of reasons to continue growing, striving and innovating! https://lnkd.in/esPTs3rH

As we tick over 10,000 followers, we would like to take this opportunity to thank everyone who has supported us on LinkedIn over the years. A huge thank you to all our collaborators – our barristers, arbitrators, employees, and peers – who support us in sharing their insights and perspectives on the world of law. From hot-off-the-press case summaries 📚 and legal analysis 💡 to the latest news stories, publications, events, and glimpses into barrister life, we look forward to continuing to show you both the work and the culture at Twenty Essex. #10Kfor20E

On 29 August, Kevin Lee will be speaking at Global Arbitration Review’s GAR Live: Singapore, as part of Singapore Convention Week (26-30 August) 🌏 The conference will gather leading arbitration practitioners from around the world to debate and discuss key topics including the future of Investor-State Dispute Settlement (ISDS), enforcement of arbitral awards, and asset recovery. Kevin will feature in The GAR Live Debate at 16:10 SGT, where he will discuss the motion “This House believes that, as shown by P&ID v Nigeria, arbitration is not a system of justice that is fit to protect the public interest for claims against States”. 🗣️ Secure your spot: https://lnkd.in/eer5dcCW   

This morning, we were thrilled to host clients old and new for another one of our breakfast seminars! 🌟 Duncan Matthews KC, Andrew Ayres KC, Andrew Dinsmore, and Christopher Theobald shared their insights on the crucial practical and tactical differences between the Commercial Court and Chancery Division for litigating commercial disputes. From the logistics of trial scheduling or filing an urgent injunction to the conventions of pleadings and the benches’ tolerance for budget planning, and many topics in between, the panel shared their knowledge and the fruits of their experience in both settings. Thank you to everyone who came – we hope you enjoyed the seminar (and the breakfast)! 🥐☕️