In Bin Obaid v Al-Hezaimi [2024] EWCA Civ 612, the Court of Appeal upheld a High Court decision in finding that subsequent claims did not fall within the scope of claims which were released under an earlier settlement deed. It is a timely reminder of the need to pay careful attention to the drafting of release clauses and the way in which the “Claims” being settled are defined. This judgment suggests that the Courts will be slow to give a release clause an unduly wide interpretation, even when on its face, the release appears typically all-encompassing.

According to data released by the Ministry of Justice 63% of cases listed in 2022 and 69% of cases listed in Q1/Q2 2023 in the Commercial Court involved at least one non-UK registered party.  Despite the increasing frequency of such litigation, issues which arise specifically in the context of international litigation can often catch litigants by surprise. In this blog, Clare Reeve Curatola outlines some of the challenges and, she asks her Litigation and Investigations colleague, Associate Megan Applegarth, about her recent experience of managing these challenges. Megan provides examples of key issues that can arise when parallel proceedings are ongoing in different jurisdictions.     Short on time? Jump to our summary of issues in international disputes.