This article outlines the prospects of recovering more of the debt owed via investment treaty arbitration. Writing exclusively for Legal Week, Skadden's Patrick Heneghan explains how German holders of Greek sovereign debt will need to rely on the "most favoured nation" clauses in the treaty.
Law Firm: Skadden Arps Slate Meagher & Flom | Published: 21 May 2012 | Practice Area: Arbitration
This guide from digital investigation experts Guidance Systems attempts to re-address common e-discovery pitfalls by identifying seven key best practices, with the aim of establishing a process for the defensible, systematic, repeatable preservation of ESI for litigations and investigations.
Law Firm: Guidance Software | Published: 21 May 2012 | Practice Area: Regulation and Enforcement
Over the last 20 years, international arbitration has been an extraordinary success story. However, this article from Freshfields argues that arbitration must evolve if it is to fulfil its promise as the first choice to resolve global business disputes.
Law Firm: Freshfields Bruckhaus Deringer | Published: 16 May 2012 | Practice Area: Arbitration
This white paper summarises the rules and case laws relevant to the management of electronic disclosure in civil courts. Insight is given on the factors affecting procedural matters and commentary is provided on all cases which continue to exert an influence on current eDisclosure practice.
Law Firm: Guidance Software | Published: 16 May 2012 | Practice Area: Practice and Procedure
This briefing studies the recent case of PGF II SA v OMFS Company and another, in which the Technology and Construction Court considered the consequences of the late acceptance of a Part 36 offer and the effect that a refusal to mediate could have on the court's discretion on costs.
Law Firm: Macfarlanes LLP | Published: 11 May 2012 | Practice Area: Alternative Dispute Resolution
This guide from Herbert Smith's litigation team provides a quick reference tool on legal professional privilege under English law. The guide consists of a decision tree and practical tips for maintaining privilege, aimed at minimising the risks of unhelpful, non-privileged material being produced.
Law Firm: Herbert Smith | Published: 10 May 2012 | Practice Area: Litigation
This monthly finance bulletin from Travers Smith's banking and corporate recovery department provides an overview of some recent market developments and trends in the finance sector, including a spotlight on rent as a prioritised expense on insolvency.
Law Firm: Travers Smith | Published: 09 May 2012 | Practice Area: Regulation and Compliance
The means available for effective enforcement of settlement agreements associated with litigation is an issue which is often raised by litigants in China. This briefing from KWM's dispute resolution team gives details of a recently published Supreme People's Court decision on an "indicative" case.
Law Firm: King & Wood Mallesons | Published: 01 May 2012 | Practice Area: Remedies and Enforcement
The concept of litigation privilege exists to protect parties from litigation. However, the rules surrounding it can be a difficult area to navigate. This article aims to disentangle those rules, resolve any myths and provide a step-by-step guide to the key points which businesses need to know.
Law Firm: Eversheds | Published: 01 May 2012 | Practice Area: Litigation
When entering into an international commercial contract with a Chinese party, selecting a foreign jurisdiction to resolve disputes may place the foreign party at a disadvantage. King & Wood Mallesons explain why by analysing the intricacies of Chinese law with regards to commercial contracts.
Law Firm: King & Wood Mallesons | Published: 30 April 2012 | Practice Area: Cross-border: Commercial and International Trade
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