Legal briefings from the world's leading law firms
Arbitration
Found 121 legal briefings
The clawback: can arbitration help Greek bondholders gain redress?
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
Rating: 
2 people found this useful
Can arbitration live up to its promise?
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
Rating: 1 person found this useful
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
Settling disputes - robust negotiations or economic duress?
The UK High Court recently had to decide whether a party to a settlement agreement could avoid the agreement because it had been entered into under economic duress. Field Fisher Waterhouse detail the facts of the case, how the High Court passed judgment and provide a range of practical tips.
Law Firm: Field Fisher Waterhouse | Published: 16 April 2012 | Practice Area: Remedies and Enforcement
How abuse of right rules are becoming an effective defence tool in Russian arbitration
Goltsblat BLP outline how attention from the Russian Supreme Arbitration Court means that abuse of right rules are gradually becoming an effective defence tool, even in the most difficult cases, where ostensibly lawful actions conceal an improper purpose.
Law Firm: Goltsblat BLP | Published: 13 April 2012 | Practice Area: Arbitration
Rating: 2 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
China's revised arbitration rules give tribunal power to determine interim measures
After more than two years of review, the revised CIETAC Arbitration Rules were approved on 3 February 2012 and are due to come into effect on 1 May 2012. This briefing outlines the most significant changes being introduced and comments on the proposed interim measures.
Law Firm: DLA Piper | Published: 04 April 2012 | Practice Area: Arbitration
Rating: 2 people found this useful
New Delhi dawn: how India seeks to become an arbitration hub
Writing exclusively for Legal Week, Kamal Shah and Jide Adesokan outline the Government and private measures to promote Indian arbitration; the changes made to the Arbitration Act; Court approach to the enforcement of awards; and the question of foreign lawyers practising in India.
Law Firm: Stephenson Harwood | Published: 30 March 2012 | Practice Area: Arbitration
Rating: 1 person found this useful
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