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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Litigation Funding and Its Implications for US and UK Insurers

by Sedgwick LLP on

Litigation funding is growing rapidly with the emergence of new funds and wealthy individuals willing to back cases in an ever-expanding number of jurisdictions, including in the US and the UK. It is enabling claims to be...more

EU Court confirms EU competence on wide range of trade areas in opinion on EU-Singapore FTA

by White & Case LLP on

Following the Advocate General's related advisory opinion in December 2016, the Court of Justice of the EU (CJEU) has delivered its Opinion (2/15) on the EU-Singapore FTA. While the Court's Opinion confirms that the EU alone...more

Settlement (Civil Litigation) Q&A: United Arab Emirates

by K&L Gates LLP on

United Arab Emirates – specific information on all aspects of settling a dispute by negotiation, mediation and other alternative dispute resolution mechanisms, including the statutory obligations to attempt settlement, form...more

Textualism and Contextualism in English Contractual Interpretation – Concord Not Conflict

by McDermott Will & Emery on

A recent UK Supreme Court judgment provides helpful guidance on the alternative pathways available to the courts in construing commercial contract provisions. ...more

Arbitration Options Put Global Insurers In The Driver Seat

by Robins Kaplan LLP on

Globalization of the insurance market has seen an increase in the use and enforcement of international arbitration agreements in insurance policies. When tragedy strikes or loss occurs, insurers have a variety of options to...more

Texas Supreme Court Weighs In on Tied House

by McDermott Will & Emery on

Late last month, the Texas Supreme Court issued a ruling in Cadena Comercial USA Corp. d/b/a OXXO v. Texas Alcoholic Beverage Commission, finding in favor of the Texas Alcoholic Beverage Commission (TABC) and weighing in for...more

Courts Continue to Struggle with Jurisdiction by Consent

by King & Spalding on

Introduction - On January 26, 2017, the U.S. District Court for the Southern District of New York (S.D.N.Y.) decided Famular v. Whirlpool Corp., a case addressing the circumstances in which an out-of-state corporation may...more

Two Commercial Division Rulings Put Payday Further Out of Reach for Russian Businessman

Justice Anil Singh of the New York Commercial Division recently issued two decisions related to the long-running litigation between Russian businessmen Alexander Gliklad and Michael Cherney. ...more

International Disputes Reform: Recent and Proposed Innovations in the U.K.

by Faegre Baker Daniels on

Reform and innovation continue to be at the forefront of judicial thinking on maintaining the position of England and Wales as the premier jurisdiction for dispute resolution, as demonstrated by three recent and proposed...more

U.S. Court Confirms London-Based Arbitral Award Against Belize, Finding Allegedly Partial Arbitrator Did Not Violate U.S. Public...

by Carlton Fields on

The D.C. Circuit recently upheld a district court order confirming a London-based arbitral award against the Belize government over objections that enforcement of that award would violate U.S. public policy regarding the...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: a jury verdict in the Quinteros v. DynCorp litigation; the latest...more

Reform of Qatar's arbitration framework

by White & Case LLP on

Qatar's long-awaited Civil and Commercial Arbitration Law, Law No. 2 of 2017 (the "New Arbitration Law") has recently come into force. It applies to all Qatar-seated arbitrations. The New Arbitration Law aims to align the...more

Top Four Trends From INSOL Sydney 2017

by Kobre & Kim on

On the heels of the recent INSOL Quadrennial Congress, which took place in Sydney, Australia, Kobre & Kim’s global bankruptcy and debtor-creditor disputes team joined colleagues from around the world to discuss developing...more

Singapore, Delaware, and New York Courts Adopt Cross-Border Insolvency Cooperation Guidelines

by Jones Day on

The Action: Courts in Singapore and the states of New York and Delaware have formally implemented Guidelines for Communication and Cooperation between Courts in Cross-border Insolvency Matters....more

Investing in China Key Challenges and Mitigation Strategy

In early 2005, a subsidiary of listed Hong Kong and China Gas Company Limited (0003.HK) bought a controlling stake in a Chinese joint venture company. Initial payments were made, but then the audited financial statements...more

The Supreme Court Considers Whether Companies Can Be on the Hook for Human Rights Violations Under the Alien Tort Statute

by Ropes & Gray LLP on

Last Monday, the U.S. Supreme Court agreed to address the question of whether companies can be liable in federal court for human rights violations under a 1789 law. Most appeals courts that have considered this question found...more

Is the Oasis now a Mirage? Dwindling scope of the DIFC Courts' 'conduit jurisdiction'

by White & Case LLP on

Recent decisions of the Judicial Tribunal and the Dubai Court of First Instance limit the scope of the DIFC Courts' 'conduit jurisdiction'.   ...more

Renting is Not a Sale After Importation

by Jones Day on

On April 3, 2017, the Commission issued a Notice in Certain Semiconductor Devices, Semiconductor Device Packages, and Products Containing the Same, Inv. No. 337-TA-1010 determining not to review Judge Lord’s finding of no...more

Alien Tort Case Development: The U.S. Supreme Court Will Review the Question of Corporate Liability

On Monday, April 3, the U.S. Supreme Court granted a petition for a writ of certiorari filed by plaintiffs in Jesner v. Arab Bank, No. 16-499. The case may once and for all determine whether companies are appropriate...more

Hague Securities Convention Takes Effect to Clarify Applicable Law Governing Securities Accounts Held by Intermediaries

by Sullivan & Worcester on

On April 1, 2017, the Hague Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary (the "Convention") will take effect in the United States. On December 15, 2016, the United...more

Modernisation on all fronts: Today’s Adoption of 2017 Amendments to the German Act against Restraints of Competition

by Allen & Overy LLP on

The most important changes and their practical impact - The EU antitrust damages directive (2014/104/EU) (the Damages Directive) should in fact have been transposed into national law by the end of 2016—however, the ninth...more

Amazon v. Commissioner: IRS Cost Sharing Buy-In Challenge Rejected Again

by Jones Day on

On March 23, 2017, the U.S. Tax Court issued its long-awaited opinion in a transfer pricing dispute involving Amazon's cost sharing arrangement ("CSA") with its Luxembourg subsidiary... ...more

The Hague Securities Convention – III. What is required to be a governing law?

Two things are required. First, the choice should be expressly made. If an express choice is not made, there are a series of fallback rules under the Convention, but clearly the far better approach is to make an express...more

EU Rosneft judgment clarifies bank transfers are not sanctioned "financial assistance"

by White & Case LLP on

On 28 March 2017, the Court of Justice of the European Union (CJEU) delivered its judgment in a case referred by the UK High Court in which Rosneft has challenged the validity of the EU's sanctions targeting Russia, as well...more

The Hague Securities Convention – II. What do these provisions accomplish?

The cited provisions are choice-of-law provisions that select the governing law for the intermediary account agreement, which under the Hague Securities Convention will then also dictate the governing law for other issues...more

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