Civil Procedure International Trade Alternative Dispute Resolution (ADR)

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Abu Dhabi Global Markets: New Regulations: Real Estate

Here we consider some key features of the ADGM Real Property Regulations 2015 (“the Regulations”) and highlight topics that may be of interest to our clients operating within the Abu Dhabi Global Market (“ADGM”), which...more

International Arbitration in Asia

As a result of the globalization of cross-border business, more commercial relationships than ever before exist between businesses and states. When a dispute arises, it is becoming more and more common for international...more

Acas Early Conciliation – One Year On

In May 2014, in an attempt to simplify the Tribunal system and make it more efficient, the Government imposed a duty on claimants to attempt early conciliation through Acas before bringing a claim. A recent report provides...more

Arbitration Offshore: Comparing Recent Developments in BVI and Cayman

Both the British Virgin Islands (BVI) and the Cayman Islands have recently updated and modernised their arbitration regimes. The Cayman Islands passed their legislation first, and in Cayman the process of arbitration is now...more

A Primer on Insurance Dispute Resolution in China

We previously discussed in a June 10, 2015, guest article the basics of insurance underwriting and claim handling in China. In this article, we give an overview of the legal framework and relevant key issues in insurance...more

Australian Court Follows International Best Practice in Enforcing Commercial Arbitration Award

Australian courts have now overwhelmingly adopted a pro-enforcement approach to commercial arbitral awards, both international and domestic. Two recent decisions of the Supreme Court of New South Wales in Colin Joss & Co...more

Hague Convention Choice of Court Agreements to Take Effect in October

The Hague Convention could save time and expense on jurisdictional disputes and aims to streamline cross-border enforcement. On 11 June, the Latvian presidency, on behalf of 27 of the 28 European Union (EU) member...more

Arbitration Agreements And Foreign Laws That Do Not Give Effect To Mandatory Principles Of EU Law

The decision in Accentuate Ltd v ASIGRA Inc (Accentuate) relates to the alleged wrongful termination by the defendant (licensor) of an agreement with the claimant (distributor) for the distribution of software products (the...more

Arbitration Agreements And Foreign Laws That Do Not Give Effect To Mandatory Principles Of EU Law

The decision in Accentuate Ltd v ASIGRA Inc (Accentuate) relates to the alleged wrongful termination by the defendant (licensor) of an agreement with the claimant (distributor) for the distribution of software products (the...more

Arbitration Agreements And Foreign Laws That Do Not Give Effect To Mandatory Principles Of EU Law

The decision in Accentuate Ltd v ASIGRA Inc (Accentuate) relates to the alleged wrongful termination by the defendant (licensor) of an agreement with the claimant (distributor) for the distribution of software products (the...more

Arbitration Agreements And Foreign Laws That Do Not Give Effect To Mandatory Principles Of EU Law

The decision in Accentuate Ltd v ASIGRA Inc (Accentuate) relates to the alleged wrongful termination by the defendant (licensor) of an agreement with the claimant (distributor) for the distribution of software products (the...more

Third Party Bound By Arbitration Agreement Which It Never Signed

In the context of a right of direct action by an injured party (Spain and France) against a D&I insurer, in The London Steamship Owners' Mutual Insurance Association Ltd v The Kingdom of Spain & anr [2015] EWCA Civ 333, 1...more

Third Party Bound By Arbitration Agreement Which It Never Signed

In the context of a right of direct action by an injured party (Spain and France) against a D&I insurer, in The London Steamship Owners' Mutual Insurance Association Ltd v The Kingdom of Spain & anr [2015] EWCA Civ 333, 1...more

Resolving Inconsistent Jurisdiction Clauses And Limits To Fiona Trust Presumption

In Trust Risk Group SpA v AmTrust Europe Ltd [2015] EWCA Civ 437, 30 April 2015, the Court of Appeal held that when resolving competing jurisdiction clauses in two different agreements where one is entered into at a later...more

Focus on the practical consequences of the ECJ’s Gazprom decision

Arbitral tribunal, state court – who is allowed to decide? Where a dispute concerns conflicting decisions made by courts of EU Member States one of the first things that springs to mind is “Council Regulation (EC) No...more

Court Rules That the DOC’s Interpretation of Finished Goods Kit Exclusion for Aluminum Extrusions is Too Narrow

The U.S. Court of International Trade (CIT) issued an opinion in Meridian Products, LLC v. United States that could have a significant effect on the interpretation of the “finished merchandise” and/or “finished goods kit”...more

U.S. District Court Affirms FIFRA Arbitration Award

On June 19, 2015, the United States District Court for the District of Columbia granted a motion for default judgment by the Non-Dietary Exposure Task Force (Task Force) and confirmed an arbitration award against an Indian...more

Chinese Arbitration Award Affirmed In Mineral Company Dispute

The court ruled that ACC Resources is bound by an arbitral award issued by the China International Economic & Trade Arbitration Commission (“CIETAC”). The award required the mineral company to pay its supplier, Calbex Mineral...more

Discovery In Aid Of Foreign Litigation Denied In Arbitration Involving Expansion Of The Panama Canal

In a dispute involving the expansion of the Panama Canal, a federal district court has denied an application for an order pursuant to 28 U.S.C. § 1782 to obtain discovery in aid of foreign litigation. The controversy...more

Competing Dispute Resolution Clauses Between Settlement Agreement And Underlying Contract

There is a presumption that parties intend for all disputes arising out of a particular relationship to be resolved in a single forum, and, as Monde Petroleum SA v WesternZagros Ltd [2015] EWHC 67 (Comm), 22 January 2015...more

Singapore – The Island Nation with Global Significance

Singapore is truly one of the most interesting city-states in all of Asia. With a colorful and varied history of fishing, trade, commerce, and even war, Singapore is positioned as also one of the most important cities in...more

Letters of the Law: 'J' is for Jurisdiction

The first step when you cannot resolve your dispute is the "jurisdiction" clause in your contract. In some contracts the jurisdiction clause has been ferociously reviewed, considered and negotiated. Other contracts completely...more

English Court Trumps Arbitration Clause in Favor of One-Stop Litigation

The English High Court in Monde Petroleum SA v WesternZagros Ltd [2015] EWHC 67 (Comm) recently decided whether a dispute resolution clause in a settlement agreement referring disputes to the English court superseded an...more

Planting The Seeds For An International Rule Of Law -The Commercial Court Of England And Wales And The SICC

The Singapore International Commercial Court (SICC) was launched on 5 January 2015 to complement international commercial arbitration services provided by the internationally recognised Singapore International Arbitration...more

You Can Always Get What You Want, or At Least What You Contract For – Fifth Circuit Affirms Vacation of Arbitration Award

On April 7, 2015, the Fifth Circuit affirmed the Southern District of Texas’ decision to vacate an arbitration award rendered in a dispute involving two separate contracts – one which was to be governed by the Commercial...more

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