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International Trade Alternative Dispute Resolution (ADR)

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.

OMC Autoriza a México a Suspender Beneficios Comerciales a Estados Unidos en la Disputa del Atún

by Holland & Knight LLP on

México es uno de los pocos países a los que se les ha autorizado adoptar medidas de retorsión en contra de los incumplimientos de sus socios comerciales, y que ha hecho uso de esa autorización....more

WTO Authorizes Mexico to Suspend Trade Benefits to U.S. in Tuna Dispute

by Holland & Knight LLP on

Mexico is one of the few countries that has been authorized to adopt retaliatory measures against noncompliance of its trading partners' obligations, and it has made use of this authorization....more

Arbitration: Does Signed Mean Sealed

by Hassan Elhais on

Legal Principle - Article 215 and 217 of the Civil Procedures Law of the UAE states that a person does not have the right to enter into an arbitration agreement if the signatory does not have the authority to bind the...more

Past is Prologue: The Future of US and UK Arbitration

Much has been said and written about the UK public’s decision in June 2016 to leave the European Union and the November 2016 election of President Donald Trump. It seems obvious that these momentous events will have profound...more

Paris, the eternal city for arbitration?

by DLA Piper on

The first edition of the Paris Arbitration Week commences on April 24.1 Organizers have highlighted that the event “is a great occasion to celebrate the repeated trust the actors of international arbitration have for Paris”.2...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

Arbitration: A Challenging Issue

by Hassan Elhais on

Legal Rule - By force of law an Arbitrator(s) has to suspend the arbitration proceedings with immediate effect if a party to an arbitration process challenges the arbitrator while or during the arbitration processes are...more

Uganda - A bright future

by Hogan Lovells on

Peter Hood is a solicitor and Hogan Lovells consultant currently living in Kampala, Uganda who specialises in business and human rights and international arbitration. He recently gave two guest lectures to law students at...more

Global Employment Law Update - April 2017

by Hogan Lovells on

In this edition of our Global Employment Law Update we look at the effects of the rapid growth of the "gig" economy across the jurisdictions. There have been significant case law and legislative responses, particularly on...more

Taking Realtime Arbitrations in China

by Planet Depos, LLC on

Though China does not permit the taking of depositions, there are many arbitrations that take place. Mainland China is home to more than 1.3 billion people. And with a massive 160 cities having more than one million...more

How More International Arbitrations Can be Amicably Settled

by White & Case LLP on

Many more international arbitrations could be amicably settled if greater use were made of the "sealed (settlement) offer" ("Sealed Offer"). But this has not happened because parties could not be confident a Sealed Offer...more

ICSID Tribunal Upholds a State’s Right to Investigate Criminality in Arbitral Proceedings

by Latham & Watkins LLP on

An ICSID tribunal has unanimously rejected a claimant’s attempt to temporarily suspend a State-initiated criminal investigation involving two of its witnesses. In Italba Corporation v Uruguay[1] Italba Corporation (Italba)...more

DIFC Courts propose specialist Technology and Construction Division

by White & Case LLP on

DIFC Courts seek public consultation for proposed specialist Technology and Construction Division. The DIFC Courts are an important forum for dispute resolution in the Gulf and wider Middle East region. However,...more

A Primer for Enforcement in the U.S. of Foreign-Issued Arbitration Awards (Courtesy of the Second Circuit)

In CBF Industria de Gusa S/A v. AMCI Holdings, Inc., 2017 U.S. App. LEXIS 3815 (2d Cir. Mar. 2, 2017), the U.S. Court of Appeals for the Second Circuit provides something of a primer regarding enforcement in the United States...more

Company Owner Asks How to Tackle Breach of Contract

by Hassan Elhais on

Question: I have a small company that delivers goods to clients. I signed a contract with another company but they breached the terms of the contract. When I filed a case in court the other company objected, as there is an...more

Tokyo Dispute Resolution & Crisis Management Newsletter – April 2017

by King & Spalding on

US Department of Justice Issues New Corporate Compliance Guidelines - Criteria for the Criminal Division’s Evaluation of Corporate Compliance Programs - Introduction - Recently, and without the fanfare that often...more

Canadian Mining Company Strikes Gold in US Court

by WilmerHale on

Arbitration analysis: Steven Finizio and Manuel Casas at WilmerHale, consider the US District Court’s decision in Crystallex v Venezuela to uphold the $1.2bn damages award and suggest that the case reaffirms the deferential...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

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

Summary procedures in international arbitration - pros and cons

by Dentons on

Traditionally, arbitration has been hailed by some as a faster, cheaper, and therefore preferable method of dispute resolution than, for example, court litigation. However, in matters where less is at stake, costs can often...more

New ICC Arbitration Rules Expedite Procedures for Smaller Disputes

by Faegre Baker Daniels on

The International Chamber of Commerce (ICC) has responded to in-house counsel and private practice’s concerns that international arbitration has become slower, more costly and opaque with the publication of its updated...more

Boletín Mensual de Comercio Internacional: Marzo

by Holland & Knight LLP on

Información con énfasis en la Regulación Comercial y de Arbitraje Internacional - Durante el mes de marzo destacan los siguientes temas: Comercio, Acceso, Propiedad Intelectual, Inversión Extranjera, Arbitraje -...more

What is Penalty For Giving Out Secrets?

by Hassan Elhais on

Question: A member of my family was working for a company and he forwarded confidential information to a third party. He did not know that it was a crime and now he has been arrested. What should he expect as...more

Ignore Investment Structuring at your Peril

by Latham & Watkins LLP on

In a recent challenge to an arbitral award under section 67 of the Arbitration Act 1996 (the Act), the High Court in Ruby Roz Agricol LLP v Republic of Kazakhstan, confirmed that the tribunal had correctly declined...more

India Modernizes its Arbitration System: U.S. Companies Should Consider Arbitration Clauses in Indian Commercial Contracts

by Foley & Lardner LLP on

The Indian court system has gained an unfortunate reputation for being notoriously slow, cumbersome, unpredictable, and unreliable, which makes solving commercial disputes in India a challenging ordeal. India ranks near the...more

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