Litigation & Dispute Resolution

The High Court in Spec 1 & Ors v Export-Import Bank of China [2026] EQHC 1162 (Comm) analysed the principles governing asymmetric exclusive jurisdiction clauses, emphasising that such clauses in finance documentation must be interpreted in light of their commercial purpose, namely that of facilitating the lender’s enforcement against the borrower’s assets.  The High Court held that the asymmetric exclusive jurisdiction clause in this case permitted parallel proceedings in England and Singapore. Accordingly, the Borrowers could pursue their claims in England and the Lender could pursue its claims in Singapore. The Court nevertheless urged the parties to exercise their “common sense” and show more “willingness to cooperate” by finding their “own path to pragmatism” and avoiding the “forensic gamesmanship” which had led to the parallel proceedings in England and Singapore.

Cyber incidents are increasingly giving rise to complex, long‑tail litigation risk, particularly for financial services firms. As regulators place growing emphasis on operational resilience, outsourcing governance and accountability, the same regulatory findings may be repurposed to support civil follow‑on claims long after incidents occur. Regulatory investigations are taking longer to conclude and, alongside damages claims, courts are showing an increased willingness to grant urgent injunctive relief to prevent data misuse. As a result, firms should approach cyber preparedness not only as a regulatory or operational issue, but as a litigation risk mitigation exercise – aligning regulatory engagement, disclosure decisions and contractual liability planning from the outset. This article is the second in our three‑part Emerging Themes in Financial Regulation & Disputes 2026 series and follows our earlier analysis of cyber resilience and the 2026 regulatory shift. It examines the evolving litigation and regulatory landscape shaping cyber and operational resilience expectations for the year ahead and identifies practical priorities for financial services firms seeking to respond proactively. Our accompanying articles consider (i) cyber resilience and the 2026 regulatory shift; and (ii) operational resilience and the growing influence of critical third‑party designations.

Technological innovation continues to reshape traditional financial systems and infrastructure, but the regulatory response is now entering a more decisive phase. As explored in our Emerging Themes in Financial Regulation and Disputes 2026 articles to date, the focus is shifting from exploration to implementation across digital assets and market infrastructure. Against this backdrop, the FCA and Bank of England (BoE) have published a joint call for input on the introduction of tokenisation in UK wholesale financial markets. Responses to the call for input close on 3 July 2026. This article explores the key elements of that proposal and what it means for firms.

The lifecycle of a data centre, from land acquisition to operation, brings together significant capital investment, complex technical systems and layered contractual relationships. While earlier articles in this Insight Series have explored development, financing and transactional execution, an equally critical dimension is the proactive management and resolution of disputes.