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 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
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
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
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
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
DLA Piper's legal privilege handbook 2012 provides an introduction to the scope and legal basis for lawyers' privileges in 27 European countries. In addition, the handbook answers to what extent lawyers' privileges, subject to domestic law, will have for lawyers who are not nationally qualified.
Law Firm: DLA Piper | Published: 27 March 2012 | Practice Area: Remedies and Enforcement
With construction projects increasingly international in scope, Eversheds have created this global construction guide covering Europe, the Middle East, Africa and Asia to demonstrate jurisdictional differences and highlight some of the issues companies need to be aware of.
Law Firm: Eversheds | Published: 20 March 2012 | Practice Area: Construction
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
In order to ensure an arbitral award is enforced in Russia, a number of key points need to be taken into account. This briefing from Pepeliaev Group provides a detailed discussion on notifying the defendant; compliance with arbitration procedure; public policy; and content of arbitral award.
Law Firm: Pepeliaev Group | Published: 29 February 2012 | Practice Area: Remedies and Enforcement
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