Recent insights from our practice and legal world for legal practitioners

In the spirit of Spring, we are thrilled to share four exceptional additions to our team at Belgravia Law.

Belgravia Law has strengthened its international disputes practice with new hires at the Senior Consultant, Senior Solicitor, Lawyer and Paralegal levels.

Please join us in warmly welcoming our new colleagues, María Beatriz Burghetto, Izabella Prusskaya, Vivien Chai and Aleks Sekulić.

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María Beatriz Burghetto has over 20 years of experience in international arbitration and litigation. Initially trained in Argentina and admitted in Paris, María Beatriz is experienced in both civil and common law systems. María Beatriz is fluent in English, French and Spanish.

Izabella Prusskaya is an experienced Senior Solicitor specialising in cross-border disputes, insolvency, and private client matters. Her expertise spans various complex and multi-jurisdictional litigation and arbitration cases across various sectors, including energy and natural resources, regulatory, large-scale infrastructure, automobile, technology and banking. Izabella is fluent in English, Russian, French and German.

Vivien Chai, a foreign-qualified lawyer, brings with her a wealth of legal expertise and an impressive background. In the UK, she is a member of the Honourable Society of the Inner Temple and has been called to the UK Bar. Additionally, Vivien is a foreign-qualified lawyer in Malaysia, holding membership with the Malaysian Bar Council. She is fluent in Mandarin, Cantonese and Malay.

Aleks studied Law at the University of Southampton, obtaining a First Class degree as well as several academic awards and scholarships. He has a particular interest in international commercial dispute resolution. Aleks is fluent in English and Serbian.

Our team members have attended various major conferences in different parts of the world.

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ICCA is a worldwide NGO devoted to promoting the use and improvement of the processes of arbitration, conciliation and other forms of dispute resolution. Its activities include convening congresses and conferences, sponsoring authoritative dispute resolution publications and promoting harmonisation of arbitration and conciliation rules, laws, procedures and standards.

Sincere thanks to HKIAC for making the congress a resounding success . By attending this event, our lawyers demonstrated their unwavering commitment to staying at the forefront of the ever-evolving international dispute resolution landscape. The insights and connections gained at the ICCA Congress will undoubtedly strengthen Belgravia Law's ability to navigate the complexities of commercial disputes and deliver exceptional results for its clients.

Vivien Chai and Benjamin Wells attended the International Council for Commercial Arbitration (ICCA) Conference in Hong Kong. This year’s theme was "International Arbitration: A Human Endeavour," which, while philosophical, is also highly applicable—begging the question of how human behaviour and nature impacts arbitration.

Hong Kong and the Hong Kong International Arbitration Centre (HKIAC) were proud to host this biennial Congress, which constitutes the largest regular gathering of international dispute res olution specialists worldwide. ICCA Congresses are known for stimulating development in international arbitration, catering to both newcomers and experts in the dispute resolution community.

On 14-15 May, Belgravia Law’s Senior Solicitor, Izabella Prusskaya, participated in the SIAC Manila Conference 2024 and YSIAC-Young PiArb Manila Event: Advocacy in International Arbitration.

The Philippines, a developing jurisdiction for arbitration, has adopted a pro-arbitration position in resolving commercial disputes. Arbitration has traditionally been recognised as a common method of dispute resolution in the Philippines, and numerous investors include arbitration clauses in their contracts when investing in this country.

Moreover, the government of the Philippines is diligently working to establish a framework for effective arbitration. The Philippines became a signatory to the New York Convention in 1967 and the Singapore Convention in 2019, demonstrating its commitment to the arbitration process. Both ad hoc arbitration and institutional arbitration are acknowledged in the Philippines.

The Philippines is a competitive regional hub for arbitration and alternative dispute resolution. Arbitration is one of the main practice areas in the Philippines, and the legislature and courts continue to maintain a pro-arbitration stance. This is readily seen in the country’s prevailing arbitration law and procedural rules, with which our specialists at Belgravia Law are well familiar.

The SIAC Manila Conference 2024 and the YSIAC-Young PiArb Manila Event provided an excellent platform for Izabella to engage with leading practitioners in international arbitration, share insights, and stay abreast of the latest developments in this rapidly evolving area of law.

Viktor Rykov, a Senior Solicitor at Belgravia Law, attended Cyprus Arbitration Days hosted in Limassol from 20-22 May 2024.

The event, now in its second year, was a huge success. There were lots of networking opportunities, including the opening reception, Gala Dinner and side events hosted by Cypriot law firms.

Attendees were legal and arbitration professionals from key jurisdictions doing business with Cyprus, such as the United Kingdom and Middle East.

On 30-31 May 2024, one of Belgravia Law’s Senior Solicitors, Izabella Prusskaya, participated in a HKIAC Practice Development Workshop 2024 in Seoul, South Korea.

The Workshop covered domain name registration systems, Web3, monitoring systems for brand protection, AI, and technical and procedural issues for domain name dispute resolution across various jurisdictions in Asia.

The Asian Domain Name Dispute Resolution Centre (“ADNDRC”) is one of the six top-level domain name dispute resolution institutions in the world authorised by the Internet Corporation for Assigned Names and Numbers (“ICANN“). It is also Asia's first generic top-level domain name dispute resolution institution, providing general dispute resolution services related to top-level domain names (.com, .org, .biz, .net) since 2002.

ADNDRC is jointly operated by the Hong Kong International Arbitration Center (“HKIAC”), the China International Economic and Trade Arbitration Commission (“CIETAC”), the Korean Internet Address Dispute Resolution Commission (“KIDRC”) and the Asian International Arbitration Center (“AIAC”). Each office provides dispute resolution services for country and region top-level domain names.

Belgravia Law has an established practice in technology-related disputes and has regional knowledge of Europe, the UK, BVI, Jersey, Asia, and the CIS region. We are always happy to meet colleagues from all over the world, exchange thoughts, and discuss ways of cooperation.

BELGRAVIA LAW’s participation in these prestigious events underscores the firm’s commitment to staying at the forefront of the evolving international dispute resolution landscape. By engaging with leading experts, exchanging ideas, and staying up-to-date with the latest developments, our lawyers are better equipped to provide our clients with cutting-edge expertise and innovative solutions.

We invite everyone keen to gain greater insight into trends in IT law to participate in this panel discussion. We will address developments in business interruption and losses; missing or corrupt data; and associated contractual damages in the context of IT systems’ failures.
Our speakers have diverse and in-depth experience with different types of IT disputes (arbitrations and litigations) and look forward to sharing their insights with you.

Sam Karim KC (Gatehouse Chambers) will be speaking about dispute resolution of IT failures and arbitration.

James Shaw (Gatehouse Chambers) will share his insights as counsel acting in IT disputes. He will speak about the implications of breaching software licences, issues relating to the enforcement of warranties in IT contracts and the relevant insurance aspects.

Viktor Rykov (Senior Solicitor at Belgravia Law) will share his hands-on knowledge of force majeure and frustration of contract concepts in the context of IT contracts. Acting now as a dispute resolution lawyer, he will also provide insights from his prior practice as an international in-house lawyer with an IT company.

The discussion will also extend to other topical cases involving IT system failures, including the recent Post Office scandal.

Belgravia Law is thrilled to announce its participation in the upcoming English Law Day in Belgrade, scheduled for 12 June 2024.

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BELGRADE, SERBIA

12 JUNE 2024

The English Law Day conferences are organised by the Eurasian Legal Professionals’ Forum in collaboration with the Bar Council of England & Wales, aimed at fostering professional connections among lawyers in Eurasia.

Each conference serves as a platform for open discussions on significant cross-border issues that arise in international practice, as well as an opportunity to exchange information on emerging concepts in the legal industry.

The conference will touch on a number of key themes, including:

1. Investor state and international commercial arbitration in Serbia and further afield.
2. Sanctions and their impact on transport, trade, transactions and the disputes which arise from them.
3. Combating corruption and fraud through the use of international legal mechanisms.
4. Investments into Serbia and England, streamlining processes and securing the best terms.

Following the latest success of the English Law Day in Istanbul, we eagerly anticipate participating in this remarkable gathering of legal minds from diverse jurisdictions in Serbia. It promises to be an enriching and insightful event for all attendees.

Our team members, Benjamin Wells (Partner) and Aleks Sekulic (Paralegal) will attend the conference and we are particularly excited about the opportunity to connect with fellow legal professionals attending the English Law Day in Belgrade.

We look forward to your active participation and the chance to engage with the legal luminaries at this prestigious event.

In September 2023, the UK Law Commission published its final report and draft bill for reforming the Arbitration Act 1996 (the “Act”). The commission has outlined its recommendations for reform and reasons for abandoning certain proposals previously discussed during consultations. The report also includes draft legislation, which is anticipated to be presented to Parliament prior to the next UK general election scheduled for 2025.

Key recommendations include:

• restricting how parties can challenge a tribunal's jurisdiction in court to avoid delays and increased costs;
• simplifying the default governing law for the arbitration agreement by making it the law of the seat;
• clarifying the court's powers to make orders against third parties;
• codifying arbitrators' duties of disclosure; and
• Strengthening arbitrator immunity for resignations and removal applications.

These reforms are intended to maintain London’s position as a leading international arbitration hub by meeting users' needs for efficient, robust, and impartial dispute resolution. The government will now consider the recommendations before potential legislation.

The most significant proposed reforms aim to enhance international arbitration's cost and time efficiency in England. This includes giving arbitral tribunals the express power to summarily dismiss claims or issues with no real prospects of success. This would align the Act with institutional rules and address users’ demands for more efficient processes.

At Belgravia Law, we understand the significance of attending conferences. They are crucial in fostering professional development, networking opportunities and knowledge-sharing within various industries. Attending conferences can be a game-changer for many businesses. These events can be transformative, especially for law firms, offering far more than just keynote speeches and panel discussions. They provide invaluable opportunities to network, learn, and showcase your expertise.

In this edition of our newsletter, we offer eight practical tips and insights to help you prepare for, and maximise the benefits of, your next business conference.

BEYOND LAW SERIES - MAY