International Law & Trade, Alternative Dispute Resolution (ADR), Commercial Law & Contracts

New EU rules on online and alternative dispute resolution - a win/win?

by Susan McLean | Morrison & Foerster LLP on 5/15/2013

On 22 April 2013, the Council of the European Union (the “Council”) adopted a regulation on online dispute resolution (“ODR”) and a directive on alternative dispute resolution (“ADR”). Tonio Borg, the EU's Commissioner for...more

New FIDIC Guidance: Should a party to a FIDIC contract be able to enforce a ‘binding’ DAB decision before the decision has become...

by Gordon Bell, Elinor Crowther | Reed Smith on 5/13/2013

On 1 April 2013, FIDIC issued guidance on how to deal with a contracting party who has failed to comply with a ‘binding’ decision of a Dispute Adjudication Board - The standard FIDIC form of contract contains a tiered...more

Chinese Supreme Court Guidelines Make It Easier for Employers to Enforce Non-Compete Covenants

by Ron Cai, Victoria Ding | Davis Wright Tremaine LLP on 5/6/2013

On Jan. 18, 2013, the Supreme People’s Court of China promulgated Judicial Interpretation IV on Several Issues Concerning the Application of Law in Hearing Labor Dispute (the “Interpretation”). The Interpretation went into...more

"The Increasing Appeal and Novel Use of Bilateral Investment Treaties"

by David Herlihy, David Kavanagh, Timothy Nelson | Skadden, Arps, Slate, Meagher & Flom LLP on 4/30/2013

Over the last 20 years, bilateral investment treaties (BITs) have provided foreign investors with basic safeguards against expropriation and related risks and guarantee the right to bring claims before a neutral arbitral...more

Lawyers Claim Carnival Nightmare Cruise Employees Overworked

by Aaron Kase | Lawyers.com on 4/22/2013

At the root of an uptick in cruise ship mishaps and disasters may be overworked and fatigued crew members, a maritime law firm is claiming. The spread of foreign arbitration clauses in employee contracts that prevent workers...more

Energy Newsletter - April 2013

by King & Spalding on 4/15/2013

In This Issue: - TRANSACTIONAL: - Project Development/FinanceKey Considerations in Energy Take-or-Pay Contracts - Upstream - Russia and former republics Unconventional Russia - Bankruptcy:...more

Customizing an International Arbitration Clause: Strategies for Success

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/12/2013

There is no question that international commercial arbitration is becoming, more and more, a preferred method of resolving large scale international business disputes. In crafting clauses that could lead to such arbitrations,...more

Case note: Griffon Shipping LLC V Firodi Shipping Ltd. [2013] EWHC 593

by Philip Rymer, Charles Weller, Robert Wilkins, Michael Wood | Reed Smith on 4/11/2013

An important decision for the ship sale and purchase market has confirmed that buyers entering into a standard form Memorandum of Agreement (MOA) (on Norwegian Sale Form (NSF) 1993 terms and similar, e.g., the 2012 terms) do...more

Corporate and Financial Weekly Digest - March 29, 2013

by Katten Muchin Rosenman LLP on 4/1/2013

In this issue: - Proposed Change to FINRA Rule Regarding Release of Disciplinary Complaints, Decisions and Other Information - SEC Approves on an Accelerated Basis FINRA Rule Change Relating to Margin...more

EU Parliament Approves Online Transaction Dispute Resolution Platform

by BuckleySandler LLP on 3/25/2013

On March 12, the European Commission announced that the European Parliament voted to support new legislation governing the out-of-court resolution of contractual disputes resulting from online transactions for the sale of...more

Queensland Commercial Arbitration Act passed -- One step closer to national harmonisation: Baker & McKenzie

by Mark Chapple, Leigh Duthie, Erika Hansen, Mia Livingstone, Alexander Wolff | Baker & McKenzie Australia on 3/22/2013

On 14 March 2013, the Commercial Arbitration Act 2013 (Act) was passed in Queensland. This Act brings Queensland into line with all States and Territories (except for the Australian Capital Territory) that have enacted the...more

The Role of Arbitration in International Business

by Ellyn Law LLP on 3/21/2013

International commercial arbitration is the most common method for resolving disputes arising from agreements between businesses in different countries. In this detailed presentation, Igor Ellyn, QC, an experienced...more

International Arbitration in Australia is Safe: The High Court of Australia Confirms the Validity of the International Arbitration...

by Mark Chapple, Leigh Duthie, Erika Hansen, Mia Livingstone, Alexander Wolff | Baker & McKenzie Australia on 3/14/2013

Today the High Court of Australia dismissed a challenge to the constitutional validity of the International Arbitration Act 1974 (Cth) (Act) and declared the Act valid: TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of...more

Disputes in China: Watch Your Step

by MoFo Tech on 2/26/2013

As cross-border business in China has exploded, so has the frequency of business disputes there. With both Western and Chinese firms wary of conducting litigation on the other’s home turf, parties can often agree on...more

The Global Prenup

by MoFo Tech on 2/21/2013

Think two steps ahead to keep your international deals afloat - You’re excited about that joint venture deal you signed with an overseas company. Together you’ll build a factory that will take orders from both sides,...more

DISPUTE RESOLUTION: International Arbitration: EU Member State Defends Measures Adverse to Energy Sector Investments on the basis...

by King & Spalding on 2/6/2013

A recent decision in the investment treaty case, Electrabel S.A. v. the Republic of Hungary, represents an important contribution to the rapidly-growing case law concerning the relationship between EU law and intra-EU...more