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Will Bespoke Orders for “Massive Overdisclosure” Become a New Regime in English Litigation?

In a recent judgment handed down in Genius Sports Technologies Ltd and others v Soft Construct (Malta) Ltd and others [2022] EWHC 2637 (Ch), Mr Justice Marcus Smith concluded that a radical departure from the “standard” disclosure process was needed in this competition claim. Motivated by concerns that relevant documents would be missed through standard

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The Court of Appeal Provides Guidance on the “Concealment” Exception to Limitation in Cartel Cases

Limitation can be a key area of contention in follow-on claims for competition damages. While English law ordinarily provides for a six-year period to bring these claims, the law recognises that cartels deliberately conceal their infringements, leaving the victims unaware that they have wrongfully suffered loss until a much later date. As such, the law

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Testing the Governing Law of Arbitration Agreements: Enka principles revisited in Kabab-Ji

Two significant judgments recently handed down by the English courts provide welcome clarity on issues relating to the governing law of arbitration agreements while simultaneously reinforcing London’s foothold as a leading arbitration hub. The Supreme Court’s eagerly-anticipated decisions in both Enka v Chubb [2020] UKSC 38 and Kabab-Ji (Lebanon) v Kout Food Group (Kuwait) [2021]