Alternative Dispute Resolution (ADR) International Trade

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Change to Civil and Commercial Proceedings | Procédure civile et commerciale

A new obligation requires parties to seek amicable resolution to a dispute before referring it to the court. A New Obligation Entered into Force on 1 April 2015 - Since 1 April 2015, parties to a civil or...more

Indonesia’s New Draft Oil & Gas Law

Legislators in Indonesia have recently suggested that all petroleum production operations should effectively be state controlled, making many foreign investors in south east Asia’s largest country fear that their assets could...more

Sports, Media and Entertainment Intelligence - April 2015 (Global)

FILM AND TV - Australia: ACMA's broad powers to hold media accountable confirmed by High Court - The High Court has confirmed that the Australian Communications and Media Authority (ACMA) has the power to declare that a...more

International Arbitration Newsletter - Q1 2015

Use it or lose it: French courts reject procedural objections not raised at the earliest opportunity - The Paris Court of Appeal has issued a stark warning to litigants who fail to raise procedural objections at the...more

Use it or lose it: French courts reject procedural objections not raised at the earliest opportunity

The Paris Court of Appeal has issued a stark warning to litigants who fail to raise procedural objections at the earliest opportunity, denying parties the right to raise those objections in a subsequent challenge to the...more

Resolving Potentially Inconsistent Jurisdiction And Arbitration Provisions In Commercial Contracts

In Amtrust Europe Ltd v Trust Risk Group SPA [2014] EWHC 4169 (Comm), 10 December 2014, an alleged conflict between jurisdiction and arbitration clauses was resolved by reference to the purpose and construction of the...more

Singapore launches International Commercial Court

The Singapore International Commercial Court (the SICC) was officially launched on 5 January 2015 at the Opening of the Singapore Legal Year. One of the express objectives of the SICC is "to further boost Singapore's value...more

Drawing the line on arbitrator impartiality

In a rare decision under s24 of the Arbitration Act 1996, the English court has recently taken the unusual step of removing an arbitrator due to concerns about his impartiality and conduct. While the view of the English...more

DIFC gains momentum towards implementation of a mechanism to permit conversion of DIFC court judgments into arbitral awards

The Dubai International Financial Centre (DIFC) is a separate and distinct jurisdiction established within the UAE in 2004 as a financial free zone, in which the civil and commercial laws of the UAE are disapplied. The DIFC...more

ITC Section 337 Update - March 2015 #2

Commission Declines MEGA Brands’ Request For Early Disposition Of Domestic Industry – As reported in the March 12, 2015 edition of the ITC Section 337 Update, proposed Respondent MEGA Brands filed public interest comments...more

Hong Kong court - enforcing a maritime arbitration award by arresting a ship

The arrest of a ship to obtain security for a maritime claim in jurisdictions where this is permitted is a powerful weapon in the armory of a claimant in shipping disputes. There has, however, been a concern that a claimant...more

Appellate Court Confirms the Validity of Asymmetric Dispute Resolution Clauses

Dechert lawyers representing a major international bank in court proceedings in a number of regions in southern Russia with respect to claims to recover a total of about US$300 million in loan funds from the guarantors of a...more

Safety Considerations When Covering Depositions and Arbitrations Abroad

Recently, The Economist – Intelligence Unit, released a report entitled “The Safe Cities Index 2015: Assessing Urban Security in the Digital Age.” It’s a very interesting read that reviews four different categories of safety...more

The Future of Mediation

It is impossible to talk about the future, present or past of mediation without putting some sort of definition to that term. Clearly, mediation as dispute resolution has been around as long as disputes. When defined as a...more

Brussels Regulation (Recast): An Update

The original Brussels Regulation (Regulation (EC) 44/2001) was the key European instrument on jurisdiction and enforcement issues in civil and commercial matters. It was applied by the courts of all 28 EU member states. Since...more

Australia: Sauber Motorsports’ failed legal challenge sees driver Giedo van der Garde racing in Formula 1

On Monday 9 March 2015, F1 team Sauber launched a legal challenge in the Victorian Supreme Court to a previous decision by a Swiss arbitration court. The previous decision ruled that Sauber must uphold its contractual...more

February 2015: International Arbitration Update

Accounting for “Country-Risk” in Assessing Damages in Investor-State Arbitration: Gold Reserve Inc. v. Bolivarian Republic of Venezuela, ICSID Case No. ARB(AF)/09/01, Award (Sept. 22, 2014). The careful treatment of the...more

The New UK Oil and Gas Authority Issues An Urgent Call To Action

The nascent UK Oil and Gas Authority (“OGA”), has issued an urgent Call to Action report setting out the main risks facing the UK oil and gas industry: insufficient profitablity leading to pre-mature asset decommissioning and...more

Seventh Circuit Denies Rehearing In Failed Attempt To Compel Arbitration And To Require Pre-Pleading Security From Uruguay...

On November 18, 2014, we reported on the Seventh Circuit’s decision in Pine Top Receivables of Illinois, LLC v. Banco de Seguros del Estado, in which Pine Top claimed that Banco de Seguros owed it $2,352,464.08 under certain...more

The 2014 LCIA Rules

The modernised and improved LCIA rules offer greater efficiency and flexibility and include some entirely new provisions. The 2014 Rules include some completely new provisions, with no equivalent in the previous (1998)...more

Thwarting Torpedoes and Other Clarifications: Recast Brussels Regulation in Force From 10 January 2015

One of the relatively unsung success stories of the European Union (and its predecessors) is its experiment in judicial co-operation. The first major component of this experiment was the 1968 Brussels Convention on...more

United States Challenges Chinese Export Subsidies at the WTO

On February 11, the United States requested consultations with China regarding more than 180 central and sub-central government measures that allegedly provide export-contingent subsidies to enterprises in several industrial...more

Dispute Resolution Clause in Settlement Agreement Supersedes the Underlying Agreement

Monde Petroleum SA v Westernzagros Ltd [2015] EWHC 67 (Comm) - In 2006, WesternZagros Ltd (WZL), an oil and gas company incorporated in Cyprus, entered into a consultancy agreement with Monde Petroleum SA (Monde), a...more

High Court rules on inconsistency in charterparty arbitration clauses and applicable curial law - Updated March 2015

The High Court has held that where a clause provides for an “arbitration to be held” in a given jurisdiction, there is an implied choice that the laws of that place will be the curial law – that is, the law governing the...more

Dispute Resolution in the Middle East - A Year in Perspective

2014 proved to be yet another transformative one for dispute resolution in the Middle East, as key business centres across the region made further, convincing strides towards cementing their reputation as robust jurisdictions...more

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