Knowledge & Analysis

Insights & Publications

Analysis, commentary, and scholarship from members of Twenty Essex on the most significant developments in international commercial law.

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Finance

The Aftermath of LIBOR Manipulation: Implications for Derivative Contracts

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The transition from LIBOR to risk-free rates has generated a wave of litigation concerning the validity and enforceability of legacy derivative contracts. This article examines the key legal issues and the developing case law.

Eleanor Pemberton KC

15 January 2024 · 12 min read

Arbitration15 min

Investment Treaty Arbitration in the Energy Sector: Trends and Developments

The energy sector continues to generate a disproportionate share of investment treaty arbitration claims. This article surveys the key trends and examines the implications of recent awards for energy investors and host states.

Amara Diallo KC

8 Feb 2024

Litigation10 min

Dishonest Assistance After the Supreme Court: A New Landscape

The Supreme Court's landmark judgment in Cayman Liquidators v. Blackrock Holdings has fundamentally reshaped the law of dishonest assistance. This article analyses the decision and its implications for financial institutions.

Michael Tselentis KC, SC

28 Jan 2024

Public Law18 min

The Genocide Convention's Compromissory Clause: Clarification from the ICJ

The ICJ's recent judgment in State of Maldoria v. Republic of Crestonia provides important guidance on the scope of the Genocide Convention's compromissory clause and the conditions for invoking the Court's jurisdiction.

Eleanor Pemberton KC

10 Dec 2023

Finance14 min

Structured Finance Litigation: Lessons from a Decade of Post-Crisis Cases

A decade after the global financial crisis, the English courts have developed a sophisticated body of case law on structured finance disputes. This article surveys the key developments and identifies the lessons for future transactions.

Sophia Chen

20 Nov 2023

Arbitration16 min

The Fair and Equitable Treatment Standard: Recent Developments in Investment Arbitration

The fair and equitable treatment standard remains the most frequently invoked provision in investment treaty arbitration. This article examines the recent case law and identifies the key trends.

Amara Diallo KC

5 Oct 2023