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Remedies and Enforcement

Found 79 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

Intellectual property - weapon for attack and defence in Russian competitive disputes

Intellectual property disputes in Russia have increased in number and become more complicated. A growing trend is the "clever-made counterfeit" which is difficult to prove infringement. This briefing from Goltsblat BLP offers advice on how to minimise the risks related to these "smart fakes."

Law Firm: Goltsblat BLP | Published: 07 February 2012 | Practice Area: Trademarks

They think it's all over, it isn't now: mediated settlement agreements in the firing line

In this briefing, Wragge & Co examine the grounds on which it may be possible to set aside a settlement reached at mediation. Additionally, the article looks at whether there are any circumstances in which a mediator may be found liable for the way he or she carried out their role.

Law Firm: Wragge & Co | Published: 18 January 2012 | Practice Area: Remedies and Enforcement

Rating: 5 people found this useful

Tax deductions in leveraged buy-outs: a storm is brewing

A new regime now in force aims to exclude the financial costs relating to the acquisition of equity shares from the tax-deductible charges on the results of a holding company. This briefing gives an overview of the new rules and a summary of the main provisions around Europe.

Law Firm: Wragge & Co | Published: 04 January 2012 | Practice Area: Enforcement and Regulation

Rating: 1 person found this useful

If all else fails - putting post-award remedies in perspective

This article, courtesy of Global Arbitration Review and Baker & McKenzie, looks at three typical post-award scenarios and how France, England and Wales and Germany struggle to come to terms with them.

Law Firm: Baker & McKenzie | Published: 08 December 2011 | Practice Area: Remedies and Enforcement

Rating: 3 people found this useful

The real deal or quack remedy? Mediation and quasi-mediation in Ukraine

Although mediation in Ukraine is not as advanced as it is in many Western European countries, it is currently developing very fast. However, many forms of Ukranian mediation could be more accurately described as 'quasi-mediation'. In this briefing, Integrites distinguishes between the two forms.

Law Firm: Integrites | Published: 05 December 2011 | Practice Area: Alternative Dispute Resolution

Remedies for delay in construction contracts

Construction projects often run into delay, whether due to the contractor, employer, or circumstances outside of the control of either party, and claims relating to delay can be extremely complex. This article considers some of the potential remedies that may be available in these circumstances.

Law Firm: Herbert Smith | Published: 29 November 2011 | Practice Area: Remedies and Enforcement

Rating: 6 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

Adjudication in the construction industry - what happened to 'pay now and argue later'?

Adjudication in the construction industry is both popular and effective. Seeing an increasing number of challenges to adjudicators' decisions, Wragge & Co's construction and engineering team consider the issues relating to adjudication enforcement and consider some of the latest decisions.

Law Firm: Wragge & Co | Published: 22 November 2011 | Practice Area: Arbitration

Rating: 1 person 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

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