In Legal Business Article, Akin Gump Partners Discuss English Legal System’s Future as a Center for Disputes

Akin Gump international disputes partners Mark Dawkins and Kambiz Larizadeh have written the article “Civil fraud – here to stay?” for Legal Business, which looks at how recent geopolitical events “have reignited the perennial debate about whether the tide has turned for the English court being the chosen venue for major, complex, international commercial disputes, particularly those involving Russia, and other eastern European and current and former CIS states.”

Dawkins and Larizadeh write that many factors, including changes in U.S. foreign policy, U.S. sanctions against Russia and Brexit, have led to uncertainty as to whether Britain can maintain its current status. With new disputes arising out of Russia and the CIS, however, they note that it is clear that “sophisticated Russian entrepreneurs and businesses still value the objectivity, rigor and transparency of the English legal system.”

In a show of support for the English courts, the authors point out that litigation in England “provides a number of general advantages for those involved in large-scale disputes,” which can be very attractive where allegations of fraud are being made. They also observe that the English court “has shown time and time again that it is prepared to develop its jurisprudence” and to deploy certain remedies in an innovative fashion.

Few jurisdictions, the article concludes, are likely to be in a position to offer the same level of judicial expertise and experience. As a result, “despite recent geopolitical turbulence, the attraction of England as a key venue for high-stakes, cross-border disputes, particularly involving allegations of fraud, is likely to remain undiminished.”

To read the full article, please click here.