Alternative Dispute Resolution (ADR) International Trade

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
News & Analysis as of

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

Do We Need a New York Convention for Mediation/Conciliation?

The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) is viewed by many as one of the most (if not the most) successful commercial treaties to which the United...more

Effect Of Cross-Border Insolvency On Contractual Time Bar

In Bank of Tokyo-Mitsubishi UFJ Ltd v Owners of the MV Sanko Mineral [2014] EWHC 3927 it was held that, as a matter of English law, a claimant should have commenced arbitration within 12 months, in accordance with contractual...more

High Court rules on inconsistency in charterparty arbitration clauses and applicable curial law

Reed Smith (Lianjun Li and Min Li of the Hong Kong office, Nick Shaw and Halani Lloyd of the London office) recently represented the successful Charterers in Shagang South-Asia (Hong Kong) Trading Co. Ltd v Daewoo Logistics...more

Energy Newsletter - February 2015

In This Issue: - LEX PETROLEA: Sources and Successes of International Petroleum Law - The Top 10 Questions Facing the LNG Industry in 2015 - Drilling Contracts – Avoiding Misunderstanding - Iran's Upstream...more

BVI Arbitration Act interim relief

Following the Black Swan decision the British Virgin Islands (BVI) Court has exercised a power to grant free-standing injunctions to safeguard assets in support of foreign proceedings. ...more

Recent Cases Are Likely to Reduce the Use of New York Courts for 'Turnover' Actions"

New York's position as a global financial center means litigants often have sought to use New York courts as a forum to enforce judgments or arbitration awards against foreign entities. In reality, the burden of enforcement...more

Application Of The New European Regime On International Litigation And The Abolition Of Exequatur: Scope Of The Reform

Regulation (EU) 1215/2012 applies from 10 January 2015 and replaces Regulation 44/2001 from that date. Its main achievement is the abolition of exequatur although a party may invoke the same grounds that under the previous...more

LEX PETROLEA: Sources and Successes of International Petroleum Law

In the widely cited and sometimes wildly interpreted 1982 arbitration award issued by the tribunal in Aminoil v. Kuwait, the Government argued that compensation for its expropriation of Aminoil's concession should be based on...more

International Arbitration Newsletter - February 2015

In this Issue: - Thwarting Torpedoes and Other Clarifications: Recast Brussels Regulation in Force From 10 January 2015 - International Energy Charter Signals New Global Cooperation in the Energy...more

CAS decision addresses fairness and justice in sports disciplinary cases

The Court of Arbitration for Sport (“CAS”) decision in Dirk de Ridder v International Sailing Federation, recently published in full, has outlined six propositions to ensure that the disciplinary procedures operated by...more

Fifth Circuit Dismisses For Lack Of Appellate Jurisdiction Appeal Of Order Compelling Arbitration

The Fifth Circuit Court of Appeals has dismissed, for lack of appellate jurisdiction, a district court order granting a motion to compel arbitration filed by Certain Underwriters of Lloyds of London and several other...more

539 Results
|
View per page
Page: of 22

Follow Alternative Dispute Resolution (ADR) Updates on: