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Alternative Dispute Resolution

Found 106 legal briefings

A costly failure to respond to an offer to mediate

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

Rating: 8 people found this useful

Courting contracts in China: advice on commercial contracts between local and foreign parties

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

Rating: 6 people found this useful

The advantages of post-award settlement in international arbitration

In 2011, King & Wood assisted two separate clients in negotiating settlements after the arbitral awards were rendered in offshore arbitrations. This article provides a brief description of the two cases in question and analyses how each one dealt with post-award settlement.

Law Firm: King & Wood Mallesons | Published: 17 April 2012 | Practice Area: Remedies and Enforcement

Rating: 4 people found this useful

Changes to Alternative Dispute Resolution - an overview of the proposals and OFT's response

In November 2011, the EC published a range of new ADR proposals, which aim to promote the use of ADR to resolve consumer disputes within the EU. This briefing outlines the draft ADR Directive and the significant implications for businesses, especially if OFT's criticisms are taken on board.

Law Firm: Shoosmiths | Published: 05 April 2012 | Practice Area: Alternative Dispute Resolution

Rating: 1 person found this useful

Social media - a new tool for intellectual property disputes?

Traditional routes of resolving IP disputes can often seem slow and burdensome; there are a number of legal and evidential hurdles to cross and the procedure can be costly. This briefing details a recent incident in which a retailer turned to social media to resolve a design infringment.

Law Firm: Eversheds | Published: 02 April 2012 | Practice Area: Alternative Dispute Resolution

Rating: 8 people found this useful

'Biting the sea crab' - how China is changing the international disputes environment

With the recent Chinese outward investment boom has come a growth in international disputes involving Chinese parties. Writing exclusively for Legal Week, Matthew Townsend outlines how China's impact on global disputes can be described in three Chinese phrases.

Law Firm: Legal Week | Published: 26 March 2012 | Practice Area: Alternative Dispute Resolution

Establishing a business in Qatar - what you need to know before investing

The Qatari government's policy of rapid expansion, foreign asset purchase and publicity means that Qatar is one of the world's fastest growing economies. In this guide, Eversheds outline the cultural, commercial and legal issues all potential investors should consider before setting up business.

Law Firm: Eversheds | Published: 26 March 2012 | Practice Area: Corporate Governance

Litigation reform proposed: all change please

The Government has published its response to its 2011 consultation on 'Solving disputes in the county courts', setting out the proposals it intends to take forward. In this briefing, Wragge & Co's dispute resolution team examine the proposals further and comment on their potential impact.

Law Firm: Wragge & Co | Published: 15 March 2012 | Practice Area: Litigation

Rating: 4 people found this useful

India held liable for not providing "effective" means of dispute resolution

A claim filed against India by White Industries Ltd, an Australian mining company, under the 1999 Bilateral Investment Treaty between India and Australia, has been decided in favour of the Australian company. Herbert Smith outlines why the judgment is of great significance for Indian investment.

Law Firm: Herbert Smith | Published: 08 March 2012 | Practice Area: Alternative Dispute Resolution

Rating: 6 people found this useful

Guide to international arbitration - the top destinations to consider

This guide from Eversheds outlines how arbitration is carried out in 19 of the world's key jurisdictions. Details are provided on why you should choose that particular arbitration centre; what you need to know before you go; and what you should do when you arrive.

Law Firm: Eversheds | Published: 05 March 2012 | Practice Area: Arbitration

Rating: 12 people found this useful

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