Group litigation has undeniably been a growth area in England over the last five years – a trend which is likely to increase rather than decrease as a result of the pandemic.
The Supreme Court last week handed down its highly anticipated judgment in Enka, affirming the Court of Appeal’s ruling that English law governed an arbitration agreement between non-English parties.
The London Court of International Arbitration was about to publish its new arbitration rules when the Covid-19 virus struck. They have been revised since and the LCIA has used the extra time well.
The recent decision in Jalla v Shell International Trading and Shipping Co Ltd highlights that the courts will not simply rubber stamp attempts to bring claims forward as class actions.
I can’t say I’m surprised that PIcARBS looks to have run its course. While the lack of interest has been put down to lawyers not wanting to trial the service, market forces are decisive and the market is right.