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Dispute Resolution International (DRI)

About Dispute Resolution International (DRI)

Dispute Resolution International is the journal of the IBA's Dispute Resolution Section. It provides in-depth discussion of current developments and topical issues in all areas of dispute resolution, including litigation, arbitration, mediation and other areas of alternative dispute resolution, as well as negligence and damages.

Dispute Resolution International is edited by Kim Rooney, an independent arbitrator and barrister at Gilt Chambers, Hong Kong. Kim is assisted by an Editorial Board comprising leading practitioners from around the world.

Dispute Resolution International is distributed to all members of the IBA Dispute Resolution Section, giving it a readership of approximately 4,000. It is published twice a year and was launched in May 2007.

If you are interested in contributing to Dispute Resolution International, please contact Kim Rooney at: kim.rooney@giltchambers.com and Zahrah Haider at zahrah.haider@int-bar.org.

If you are not a member of the IBA, you can find out more about how to join here.

If you are interested in advertising in Dispute Resolution International, our latest media pack is available here.

Members of the Dispute Resolution Section committees receive Dispute Resolution International as part of their membership. PDF-only subscriptions are also available to non-members. Please email editor@int-bar.org to order.

ISSN 2075 5333
Pricing: £71 per issue
£144 per year, two issues per year
Five per cent agency discount available on annual subscriptions

Latest Issue - Vol 15 No 2 October 2021

There is little guidance for arbitration practitioners on how personal data protection obligations should be complied with in international arbitration. In February 2019, the International Council for Commercial Arbitration (ICCA) and the International Bar Association (IBA) established a Joint Task Force on Data Protection in International Arbitration Proceedings. In March 2020, the Task Force published a consultation draft Roadmap that seeks to provide such practical guidance. This article, focusing specifically on the European Union’s General Data Protection Regulation (GDPR), serves as a commentary on this Roadmap in light of six pertinent issues regarding personal data protection in international arbitration:

  1. the applicability of the GDPR to arbitrations held outside the EU;
  2. the GDPR in the context of North American Free Trade Agreement (NAFTA) arbitrations;
  3. the issue of videoconferencing;
  4. third-party funders;
  5. abuse of the GDPR, especially as a shield for non-disclosure; and
  6. non-compliance with personal data protection requirements as a potential path to annulment or refusal of recognition and enforcement of an arbitral award.

The Roadmap is identified as a promising, albeit incomplete tool to complement various soft law attempts to harmonise international arbitration.

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The freezing order, or Mareva injunction, is a powerful tool to combat fraud and dishonest conduct. Since its creation in 1975, the ownership of assets and wealth structuring has become increasingly complex. Rarely will the assets, the underlying cause of action, and the location of relevant individuals all be in the same jurisdiction. The complexities are usually magnified where fraud is involved. The courts must be equipped to respond effectively and swiftly to these scenarios. To its credit, the common law world has demonstrated a keen appetite to develop the jurisdiction of freezing orders to meet the increasing complexities of commerce, and in particular to combat the sophistication of international fraud and money laundering. It has been and continues to be fine-tuned to the demands of the day, whether through common law development or the adoption of statutory remedies. This article considers how the freezing order jurisdiction has evolved since 1975, significant developments in its evolution for both onshore and offshore jurisdictions, and hazards a look into the crystal ball of its future.

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The United Kingdom’s withdrawal from the European Union (Brexit) has brought about significant changes to international dispute resolution in the UK and, insofar as disputes have a UK nexus, in the EU. In particular, since the end of the transition period, the Brussels Recast Regulation, which provides, inter alia, for the free circulation of judgments between EU Member States, no longer applies in the UK. Neither does it apply in the EU to judgments rendered by UK courts. Similarly, the UK has lost its access to the Lugano Convention. As the EU-UK Trade and Cooperation Agreement does not include rules on private international law, many important questions for cross-border dispute resolution between the EU and the UK are now determined by other multilateral treaties (notably the Hague Convention on Choice of Court Agreements) and domestic private international law rules.

This article discusses the impact of Brexit on the litigation and arbitration of commercial disputes from both EU and UK perspectives. In particular, this article considers the impact of Brexit on the following key issues: jurisdiction agreements and the enforcement of foreign judgments, choice of law and arbitration. The article analyses the changes brought about by Brexit to the legal landscape for dispute resolution and considers the consequences such changes may have for parties’ choice of law and forum.

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Yu Jianlong and Cao Lijun
Oxford University Press (2020)
ISBN 9780199671717
592 pp
£210 (hardback)

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Edward Poulton (Consulting Editor)
Globe Law and Business Ltd (2020)
ISBN 9781787422902
555 pp
£165 (hardback)

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The Global Impact of the Covid-19 Pandemic on Commercial Dispute Resolution in the First Year

While the pandemic disruption has extended for far longer than initially expected, courts (after the first wave), arbitral institutions and stakeholders in commercial dispute resolution have largely continued operations, increasingly supported by innovative digital technology, flexible scheduling and flexible cost structures, among other tools.

Released on Jun 02, 2021

The Global Impact of the Covid-19 Pandemic on Commercial Dispute Resolution in the First Seven Months

In 2020, most of the world’s countries have had to respond to the severe disruption caused by the Covid-19 pandemic, which emerged in late December 2019 (the ‘pandemic’). The pandemic poses enormous health and socio-economic challenges. As of September 2020, it is not known when the pandemic will end; some countries are already experiencing further waves of infection. Globally, judiciaries and arbitral institutions have been under great pressure to continue operating during the pandemic [...]

How to order

Members of the Dispute Resolution Section committees receive Dispute Resolution International as part of their membership. PDF-only subscriptions are also available to non-members. Please email editor@int-bar.org to order.

ISSN 2075 5333
Pricing: £71 per issue
£144 per year, two issues per year
Five per cent agency discount available on annual subscriptions

Guidelines for authors

Copyright and Disclaimer

Copyright: The IBA holds copyright in all articles, newsletters and papers published by them. If you wish to reproduce or distribute any IBA publication or any part of an IBA publication, permission must be requested in writing from the Managing Editor at editor@int-bar.org, and due acknowledgment given.

Disclaimer: The views expressed in journals, newsletters and papers are those of the contributors, and not necessarily those of the International Bar Association.