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Alternative Dispute Resolution (ADR) International Trade

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:

New International Rules of Chinese Arbitration Association Streamline Processes

by Jones Day on

The Chinese Arbitration Association ("CAA") adopted the Chinese Arbitration Association International Arbitration Rules 2017 ("CAAI Rules") on July 1, 2017. The Rules—which can apply only to arbitrations seated outside of...more

The new International Arbitration Bill

by Hogan Lovells on

At the recent Mandela Institute Seminar on International Arbitration, the Deputy Minister of Justice and Constitutional Development, the Honourable JH Jeffery, MP addressed the attendees on the benefits and challenges of...more

Recent $455 Million Payment Reaffirms Certainty of International Arbitral Awards

One of the most often overlooked features of arbitration in the context of international commercial disputes is the certainty provided by a final award. Recently, Dow Agrosciences paid Bayer Cropscience more than $455 million...more

Employment Claims Tribunal, Enhanced Tripartite Mediation Come to Singapore

by Morgan Lewis on

Singapore’s employment landscape has recently witnessed a marked shift toward being more employee friendly, making it easier for a wider range of employees to bring employment claims in a low-cost and expeditious manner....more

Investment Trends in India

On 22 June 2017, Skadden and Khaitan & Co hosted a seminar titled “Investment Trends in India” at the Institute of Directors in London. David Kavanagh QC, global co-head of Skadden’s International Litigation and...more

Bilateral Arbitration Treaties at the 50th Anniversary of UNCITRAL

by WilmerHale on

At the 50th anniversary of the United Nations Commission on International Trade Law (“UNCITRAL”) Congress, Gary Born, chair of Wilmer Cutler Pickering Hale and Dorr LLP's International Arbitration Group, discussed his...more

The Next Chapter in Judicial Treatment of Annulled Awards: New York Court Enjoins Overseas Enforcement of Award

by King & Spalding on

Introduction - On June 29, 2017, a New York state appellate court unanimously upheld an extraordinary lower court order in a decision that may have significant implications for the cross-border enforcement and recognition...more

La CCI lanza nuevas reglas de Procedimiento Abreviado

by Latham & Watkins LLP on

La Cámara de Comercio Internacional ofrece un nuevo procedimiento de arbitraje más rápido, fácil y simple para disputas de menor cuantía - El pasado 1 de marzo de 2017 entró en vigor el nuevo Reglamento de Arbitraje de la...more

The ADR Imperative to Ensure Access to Justice

by JAMS on

On July 6, a diverse group from the dispute resolution community—lawyers, judges, academics, arbitrators, mediators, policy makers, among others—will gather in London for the latest event in the Global Pound Conferences...more

The Decision of the Moscow Arbitration Court in the Transneft vs. Sberbank Dispute Increases Litigation Risk in the Context of...

by Morrison & Foerster LLP on

This brief summary of the decision that was published on 21 June 2017 will be of interest to anyone entering into derivative transactions that involve Russian counterparties....more

Article: June 2017: International Arbitration Update

Focus on Damages: Arbitral Discretion to Determine Amount of Damages Requires Aggressive Strategy on Both Sides. International arbitration, in both the commercial and investment treaty contexts, has proven an effective forum...more

Venezuela Mines for a Reversal in Federal Appeals Court

Venezuela is taking its fight over a $1.4 billion arbitral award to the District of Columbia’s federal court of appeals. The award capped a bitter dispute between Venezuela and Crystallex International Corporation, a...more

Enforcement of International Arbitral Awards in the U.S. – Could a Court Abstain Due To “Inconvenience”?

Forum non conveniens is one of several judicial abstention doctrines, applied from time to time by U.S. courts, that permit a court to dismiss (without prejudice) a plenary action in its discretion. In a forum non conveniens...more

Keeping up with the Convention: Ontario Modernizes Its International Commercial Arbitration Regime

by Bennett Jones LLP on

A new statutory regime governing international commercial arbitration came into effect in Ontario in March 2017, with the International Commercial Arbitration Act, 2017, SO 2017, c 2, replacing the International Commercial...more

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America

The Continuing Rise of Chinese Investment in Latin America - Chinese investment and transactions in Latin America exceeded US$125 billion in the last decade, and China is expected to continue to be a key player in Latin...more

Updates to Hong Kong Arbitration Ordinance: third party funding and IP rights

by Hogan Lovells on

Yesterday, on 14 June 2017, two sets of amendments to Hong Kong’s arbitration law were passed to clarify that: - third party funding of arbitration, mediation and related proceedings is permitted under Hong Kong law,...more

No Immunity for Chinese SOEs in the Hong Kong Courts

The Court of First Instance has confirmed that Mainland entities controlled by the PRC Central People’s Government benefit from “crown” immunity from suit and execution, whilst simultaneously ruling that state owned...more

The Asia-Pacific Arbitration Review - 2018

by WilmerHale on

The Asia-Pacific region has seen a surge in the use of arbitration in recent years. Although it is difficult to draw general conclusions about a large and incredibly diverse geographical region that stretches from French...more

Arbitration Bribery Corruption and Disputes - it's not as easy as ABCD

by Hogan Lovells on

Foreign Corrupt Practices Act ("FCPA") - For energy, mining, and resources companies, the cost of corruption—and getting caught—is real. Less than two months ago, Odebrecht S.A. was ordered by a U.S. federal judge to pay a...more

In a landmark ruling, Indian court rejects objections to enforcement of a $300 million LCIA award

by White & Case LLP on

On 11 April 2017, the High Court of Delhi handed down its decision in the case of Cruz City Mauritius Holdings v Unitech Limited, rejecting objections to the enforcement of a US$300 million LCIA award....more

Saudi Arabia welcomes further clarity on Arbitration Laws

by DLA Piper on

When the current Saudi Arbitration Law was passed in 2012, replacing the outdated 1982 Arbitration Law, it was considered to be a significant transformation in dispute resolution within the Kingdom. The change was a welcome...more

ECJ Decision Looms Large on the Future of Trade Agreements and Investor-State Arbitration with the EU

by Dechert LLP on

The Court of Justice of the European Union decided last week that free trade agreements concluded with the EU must receive prior approval by each Member State if they provide for investor-State arbitration. The ruling, given...more

The ICC Launches New Expedited Procedure Rules

by Latham & Watkins LLP on

The International Chamber of Commerce offers a new procedure to provide faster, easier and streamlined arbitration for smaller disputes. On 1 March 2017, the revised International Chamber of Commerce Arbitration Rules (the...more

Dispute resolution relief imminent for the African continent

by Hogan Lovells on

On 21 April 2017, the International Arbitration Bill (the Bill) was tabled in the South African Parliament for discussion. The Bill is intended to incorporate the Model Law of the United Nations Commission on International...more

NEC4 on the horizon - finally!

by Hogan Lovells on

The brand NEC4 Suite of Contracts will be made available at the NEC Users' Group Annual Seminar on 22 June 2017. This is a long-awaited update and development to the 12-year old NEC3 suite of contracts that are extensively...more

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