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Tag results for 'dispute resolution'

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Arbitration of M&A Transactions: A Practical Global Guide, Second Edition

For legal professionals and graduates active in dispute resolution, especially in the international arbitration field, it is true that every case is unique and there is something fresh to learn every day. The key to winning a case often resides in a legal professional’s in-depth knowledge of each specific industry. Edward Poulton has successfully gathered a group of experienced leading M&A experts around the world to contribute to the second edition of the Arbitration of M&A Transactions: A Practical Global Guide, with publication support from Globe Law and Business.

Released on Oct 20, 2021

A Guide to the CIETAC Arbitration Rules

A Guide to the CIETAC Arbitration Rules, by experts Yu Jianlong and Cao Lijun, is a uniquely comprehensive reference book for practitioners on the Arbitration Rules (the Rules) of the China International Economic and Trade Arbitration Committee (CIETAC).

Released on Oct 20, 2021

The Impact of Brexit on Dispute Resolution: EU and UK Perspectives

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.

Released on Oct 20, 2021

Transforming a Black Swan into a Phoenix: the British Virgin Islands’ Solution to Standalone Injunctive Relief

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.

Released on Oct 20, 2021

Clash of the Titans: GDPR and International Arbitration – a Look at the Future

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.

Released on Oct 20, 2021

Introduction of the UN Convention on International Settlement Agreements Resulting from Mediation - Third Piece in the International Framework of Dispute Resolution

From modest beginnings and expectations of the process of commercial mediation in the 1970s and the work of Professor Frank Sander, mediation has grown in application internationally, culminating in the introduction of the United Nations Convention on International Settlement Agreements Resulting from Mediation known as ‘the Singapore Convention on Mediation’ (‘the Convention’ or ‘SMC’). Mediation is described in the UN Commission on International Trade Law (UNCITRAL) Model Law as ‘… a process, whether referred to by the expression mediation, conciliation or an expression of similar import, whereby parties request a third person or persons (“the mediator”) to assist them in their attempt to reach an amicable settlement of their dispute arising out of or relating to a contractual or other legal relationship. The mediator does not have the authority to impose upon the parties a solution to the dispute’. The definition is broad and allows for use across jurisdictions and differing cultural contexts; however, one of the novel features of this convention relates to the conduct of the mediator, in the sense that the mediator’s conduct can affect the enforceability of a settlement agreement. This factor and the central tenets of this convention are examined in this article as is the framework for international settlement agreements in the context of international trade and commerce.

Released on Jun 3, 2021

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 2, 2021

Dispute Resolution International October 2021

Dispute Resolution International - June 2021