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State aid and the EU-UK trade deal: the newly plotted level playing field - updated February 2021

This briefing was updated on 12 February 2021.

As one of the key sticking points in negotiations leading up to the trade deal agreed on 24 December 2020, the future of the UK's state aid regime has been uncertain ever since it was determined that the UK was to leave the EU. However, with terms now agreed between the EU and UK on the control of subsidies in each jurisdiction, some clarity has been provided for UK and EU businesses alike on this contentious issue.

What does the UK-EU trade agreement say about digital trade?

The Trade and Cooperation Agreement (TCA) between the UK and the EU, which took effect on 1 January 2021, dedicates an entire chapter to digital trade arrangements, such as the supply of goods and services through online channels. This is the first time an EU trade agreement has included a specific chapter of this nature and marks the importance of digital trade between the two jurisdictions.

Arbitrators: Impartiality and the duty to disclose overlapping appointments

The Supreme Court has recently published its long-awaited judgment1 in Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, which provides guidance on whether an arbitrator's appointment to multiple arbitrations involving overlapping subject matter and parties may give rise to the appearance of bias on the part of the arbitrator, and the circumstances in which such appointments need to be disclosed to parties unaware of the overlap.

Trends in global climate change litigation

Despite the significant body of scientific research indicating that we are reaching a tipping point in the global fight against the damaging effects of climate change, global carbon output continues to climb. However, there is growing international consensus around the need for urgent action to reverse the effects of climate change.

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