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Practice and Procedure

Found 169 legal briefings

New ICC Arbitration Rules - an overview of the key changes

On 1st January 2012, the ICC's updated Arbitration Rules came into force, recasting the arbitration process as a modern flexible procedure within which parties can adopt measures uniquely suited to each dispute. This briefing summarises each of the 2012 Rules' key changes in turn.

Law Firm: Field Fisher Waterhouse | Published: 07 February 2012 | Practice Area: Arbitration

Rating: 4 people found this useful

All I want for Christmas is summary judgment

Once a claimant has made the decision to push the litigation button, there is a growing impatience to 'cut to the chase' and obtain judgment as quickly as possible. This briefing explains the requirement for a summary judgement to be granted and what the court is able to order.

Law Firm: Shoosmiths | Published: 04 January 2012 | Practice Area: Practice and Procedure

Rating: 7 people found this useful

Dispute resolution clauses – lessons to be learnt from recent case law

Following on from a recent webinar on dispute resolution clauses, Herbert Smith have set out an overview of and links to recent case law, as well as a summary of lessons to be learnt concerning conflicting jurisdiction clauses, non-exclusive jurisdiction clauses and "torpedo" actions.

Law Firm: Herbert Smith | Published: 06 December 2011 | Practice Area: Alternative Dispute Resolution

Rating: 8 people found this useful

Hong Kong proposes new legislation to protect the confidentiality of mediations

Hong Kong's recently proposed Mediation Bill aims to protect the confidential nature of any "mediation communication". It is anticipated that the Bill will imbue greater confidence in parties in the mediation process, and encourage parties to participate with greater focus and commitment.

Law Firm: Herbert Smith | Published: 24 November 2011 | Practice Area: Practice and Procedure

Rating: 1 person found this useful

Sovereign immunity in the Hong Kong courts

This briefing examines two recent court decisions in Hong Kong which clarified the circumstances in which sovereign states will be entitled to claim immunity from jurisdiction and execution in the Hong Kong courts. The decisions reinforced the need to be careful when contracting with such entities.

Law Firm: Skadden Arps Slate Meagher & Flom | Published: 09 November 2011 | Practice Area: Arbitration

Rating: 2 people found this useful

A guide to extra-judicial mediation in China

China has long established the extra-judicial mediation system besides judicial mediation, which has been widely accepted in practice. This guide studies the growing popularity of extra-judicial mediation in China, with particular reference to its features, proceedings and mechanisms.

Law Firm: King & Wood | Published: 01 November 2011 | Practice Area: Alternative Dispute Resolution

Whose privilege is it anyway? A look at the Keydata case

The High Court recently ruled that the FSA acted unlawfully in using material that was protected by legal professional privilege in an investigation into Keydata Investment Services Limited. This briefing analyses the case's background and offers key points regarding joint interest privilege.

Law Firm: Travers Smith | Published: 18 October 2011 | Practice Area: Practice and Procedure

Rating: 1 person found this useful

Getting the deal through: a guide to dispute resolution in South Africa

This guide, written by Werksmans' Des Williams, features the full 'Getting the Deal Through' chapter on dispute resolution in South Africa. The guide acts as a comprehensive overview to all aspects of South African litigation and arbitration and includes an update on 2011 trends.

Law Firm: Werksmans Attorneys | Published: 15 September 2011 | Practice Area: Litigation

Rating: 2 people found this useful

US litigation and arbitration update – the much-anticipated Fairfield decision

This monthly update from Baker & McKenzie provides summaries of recent decisions and other points of interest in the area of international litigation and arbitration. The featured alert looks at changes to bankruptcy proceedings. For full details on this case and many more, click 'View Briefing'.

Law Firm: Baker & McKenzie | Published: 23 August 2011 | Practice Area: Litigation

Rating: 2 people found this useful

The state of litigation: reduction in Royal Courts of Justice claims

Recently published statistics on judicial and court activity reveal a reduction in the number of claims issued in the Royal Courts of Justice in 2010. This briefing from Macfarlanes delves into the published statistics to provide a clearer overview of last year's litigation activity.

Law Firm: Macfarlanes LLP | Published: 15 August 2011 | Practice Area: Litigation

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