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Why It Is Especially Important That States Not Ratify the Hague Choice of Court Agreements Convention, Part II
My previous posts argued that the Convention
Quadrant on Shipping - Issue 3 - Summer 2021
This decision considers the effect of an in Rem judgment in subsequent in personam Proceedings
Financial Debt and Damages in Investor-State Arbitration
Most submissions in international arbitration cases cite Chorzów Factory and the standard of full reparation under customary
Energy and Commodity Arbitrations
A significant portion of international arbitrations are to be found in these sectors. Of the cases registered with International Centre for Settlement
Gall Hosts Webinar on Hong Kong-Mainland China Interim Measures with HKIAC and Tian Yuan Law Firm
<p><span style="color:#000000"><span style="font-size:14px"><span style="font-family:arial,helvetica,sans-serif"><strong>Date</strong>: Thursday, 19 August 2021</span></span></span></p> <p><span style="color:#000000"><span style="font-size:14px"><span style="font-family:arial,helvetica,sans-serif"><strong>Time</strong>: 4-5 pm (HKT)</span></span></span></p> <p><span style="color:#000000"><span style="font-size:14px"><span style="font-family:arial,helvetica,sans-serif">Being able to apply for interim measures in an international arbitration can be crucial for parties, especially in a constantly evolving Covid-19 world. The Hong Kong-Mainland China Interim Measures Arrangement was introduced in October 2019 and has been a game changer for parties to arbitral proceedings in Hong Kong.</span></span></span></p> <p><span style="color:#000000"><span style="font-size:14px"><span style="font-family:arial,helvetica,sans-serif">Join Partner Kenix Yuen from dispute resolution law firm Gall, Partner Rachel Li from <strong>Tian Yuan Law Office</strong> and Eric Ng, Managing Counsel at <strong>HKIAC</strong> for a webinar as they explore:</span></span></span></p> <ul> <li><span style="color:#000000"><span style="font-size:14px"><span style="font-family:arial,helvetica,sans-serif">Hong Kong, as a seat of arbitration, is still as independent and arbitration friendly as before</span></span></span></li> <li><span style="color:#000000"><span style="font-size:14px"><span style="font-family:arial,helvetica,sans-serif">Background and types of interim measures</span></span></span></li> <li><span style="color:#000000"><span style="font-size:14px"><span style="font-family:arial,helvetica,sans-serif">Practical considerations</span></span></span></li> <li><span style="color:#000000"><span style="font-size:14px"><span style="font-family:arial,helvetica,sans-serif">Obstacles observed in obtaining interim measures</span></span></span></li> <li><span style="color:#000000"><span style="font-size:14px"><span style="font-family:arial,helvetica,sans-serif">Enforcement of interim measures</span></span></span></li> <li><span style="color:#000000"><span style="font-size:14px"><span style="font-family:arial,helvetica,sans-serif">Recent updates and HKIAC’s experience</span></span></span></li> </ul> <p><em><span style="color:#000000"><span style="font-size:14px"><span style="font-family:arial,helvetica,sans-serif">*CPD accreditation has been applied for from the Law Society</span></span></span></em></p>
Second Circuit Confirms 28 U.S.C. 1782 Discovery for Investor-State Arbitration
Parties can obtain discovery from U.S. court in support of arbitrations conducted under investment treaties. On July 15, 2021, the Second Circuit
Arbitration Agreement with Conflicting Provision in Two Languages Saved by FAA Default Rule
The California Court of Appeal for the Second Appellate District recently added clarity to a somewhat puzzling trial court decision that had sent an
CMS International Disputes digest - 2021 Summer Edition
Welcome to the 2021 summer edition of our International Disputes Digest, a bi-annual publication featuring analysis and commentary on the key trends
Scrutinizing the 2005 Hague Convention: Two Further Reasons to Keep Arbitration a Viable Option
Gary Born, in a three-part series in Kluwer Arbitration Blog last month, addressed why States should not participate in the 2005 Hague Convention on
Inside arbitration issue 12: Perspectives on cross-border disputes
As we move through 2021, the impact of the Covid-19 pandemic continues to be felt by many of us both in our work and personal lives. While the light
Post-mediation heads of agreement does not provide pathway to binding settlement
In Nergl Developments Pty Ltd v Vella 2021 NSWCA 131, the NSW Court of Appeal was required to determine whether a heads of agreement entered into
The UKJT Digital Dispute Resolution Rules - Keeping Pace with Change
The UK Government-backed Jurisdiction Taskforce of LawtechUK (UKJT), chaired by Sir Geoffrey Vos, Master of the Rolls, recently published
International Litigation & Arbitration North America Newsletter - July 2021
Welcome to the July 2021 issue of the International Litigation and Arbitration Newsletter. This newsletter is an electronic bi-monthly publication
Transparency 1 - 0 Confidentiality? Ashley Cukier on Manchester City v The Premier League in the Court of Appeal
The Court of Appeal this week handed down its decision in Manchester City Football Club Ltd v The Football Association Premier League & Ors 2021
Demystifying the costs of arbitration
One of the most recurrent criticisms of arbitration is its cost. However, the cost of arbitration must be put in context, considering its benefits
Civil Justice Council publishes report on compulsory alternative dispute resolution
The Civil Justice Council published a report last week (dated June 2021) concluding that ADR can be made compulsory for parties to a civil dispute
Desmitificando la onerosidad del arbitraje como alternativa para la solución de controversias
Una de las críticas mas recurrentes respecto del arbitraje es su coste. Sin embargo, el coste del arbitraje debe ser puesto en contexto, teniendo en
An interview with Ervin Cohen & Jessup LLP discussing dispute resolution in United States
The appellate litigation has largely focused on questions about the requisites for the enforcement of agreements to arbitrate, the kinds of claims
An interview with Seladore Legal discussing dispute resolution in United Kingdom
"Where a commercial dispute cannot otherwise be resolved, litigation and arbitration continue to be the main forms of dispute resolution in England
An interview with CETINKAYA discussing dispute resolution in Turkey
The most popular dispute resolution methods for commercial disputes or disputes that arise from any private law relations in Turkey are mediation
An interview with Squire Patton Boggs discussing dispute resolution in Spain
Litigation firstly and arbitration otherwise are the most popular methods in Spai
An interview with Norton Rose Fulbright discussing dispute resolution in Russia
Russian parties largely prefer litigation before Russian courts
An interview with Birkway B.V. discussing dispute resolution in Netherlands
In commercial and corporate matters, there are a range of dispute resolution methods
An interview with CMS Pasquier Ciulla Marquet Pastor Svara & Gazo discussing dispute resolution in Monaco
The most popular dispute resolution method for clients in Monaco is, undoubtedly
An interview with Leal Isla & Horváth discussing dispute resolution in Mexico
In numbers, litigation is the most common dispute resolution method in Mexico. This includes commercial disputes. We believe
An interview with Ferbrache & Farrell LLP discussing dispute resolution in Guernsey
Litigation continues to be the most popular dispute resolution method for clients involved in a dispute that is to be determined in Guernsey
An interview with E Morace & Company discussing dispute resolution in Italy
Recourse to courts still appears to be the most popular method by companies and individuals having a dispute in Italy. In other words, judicial
An interview with Campbells discussing dispute resolution in Cayman Islands
"Litigation remains by far the most common form of dispute resolution used in the Cayman Islands to settle commercial disputes. Proceedings are