International Trade Civil Procedure

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Foreign request for legal assistance disclosable

The appellant companies successfully sought inspection of a mutual legal assistance request from the U.S. Department of Justice to the National Crime Agency (NCA) to obtain a prohibition order from an English court on the...more

Hague Convention Only Considers One Habitual Residence of a Child

When a child is removed from or retained in a country that is not a child's habitual ­residence a parent can seek to have the child ­returned to their habitual residence country under the Hague Convention on the Civil Aspects...more

Sandbagging in M&A Transactions: Default Rules in Delaware, New York and California

One of the most confusing legal issues facing foreign buyers of U.S. assets is governing law. Especially for Asia-based clients whose legal system is civil law based and uniform throughout the country, the U.S.’s state...more

International Arbitration Newsletter - October 2016

London has long enjoyed a reputation as one of the most popular and trusted arbitral seats in the world. The use of arbitration in England is long-standing and a legislative framework recognizing and seeking to encourage the...more

Brexit: Potential Implications for International Arbitration in London

This note discusses the reasons why Brexit is unlikely to adversely impact London’s position as a leading centre for international arbitration. It further sets out some of the areas in which international arbitration in...more

How to Find a Quantum of Solace With Multi-Language eDiscovery

“Where there’s smoke, there’s fire.” These words, spoken by James Bond in From Russia With Love, encapsulate the fears many have in the wake of the UK’s historic vote to Brexit the EU. Amid continued warnings about markets...more

Practical Implications from the Federal Circuit’s Rare en Banc Reversal in Apple v. Samsung

In a precedential opinion issued en banc on Friday, October 7, 2016, the Federal Circuit overturned a panel decision, affirming and reinstating the district court’s judgment and the jury’s verdict. The majority opinion...more

Non-delegable duties of architects and main contractors in construction claims - A case study of MCST Plan No. 3322 v Tiong Aik...

In MCST Plan No. 3322 v Tiong Aik Construction Pte Ltd and Another [2016] SGCA 40, the Singapore Court of Appeal (CA) held that architects and main contractors are not subject to a non-delegable duty in tort to ensure that...more

District Court Judge Assigned in Conflict Minerals Rule Case

How time flies! This month, the litigation relating to the U.S. SEC’s Conflict Minerals Rule enters its fourth year. The litigation has been quiet for the better part of the last year, after the SEC’s petition seeking...more

English High Court affirms recovery of third party funding costs in ICC arbitration proceedings

In our update dated 21 September 2016, we considered the case of Essar Oilfields Services Limited v Norscot Rig Management Pvt Limited, in which the English High Court upheld the decision of the sole arbitrator, Sir Philip...more

[Webinar] Meritas Capability Webinar - Brexit The Constitutional Legal Hurdles to leaving the EU - October 26th, 9:00a.m. CDT /...

Mark will talk about the legal implications which flow from the UK's Referendum on 23 June which decided that the country should leave the European Union....more

Challenging Arbitrators for Alleged 'Conflict of Interest' in US-Based International Arbitrations

A number of significant international arbitrations, particularly involving claims by investors against sovereign states, are venued in Washington, D.C. A September 30, 2016, decision by the U.S. District Court for the...more

Singapore Ranks #1 in Recent Survey of Expats

A most interesting report showing results of a survey was just released by HSBC. In the Expat Explorer Survey, created to measure which countries are the most enjoyable to expats, HSBC shares results in three categories –...more

Another Champion for Proportionality in Discovery

For the second time within a month, an MDL court has rejected wide-ranging and potentially abusive discovery on the basis that the requests were out of proportion to the needs of the case. This is a welcome development. We...more

The Senior Managers Regime – should GCs be worried?

In March this year the PRA and the FCA introduced the Senior Managers Regime (‘SMR’) for individuals associated with banks and PRA regulated investment firms (from 2018 the SMR will apply to all UK authorised firms). The...more

JASTA Amendments to FSIA Become Law

On September 28, 2016, the U.S. Congress overwhelmingly voted to override President Obama’s veto of the Justice Against Sponsors of Terrorism Act (JASTA), a bill whose purpose was to curtail foreign states’ ability to invoke...more

Be Aware Belgium - September 2016

Under the principle of proportionality, can a serious cause be dismissed considering that the sanction resulting from the serious cause is unreasonable? In a judgment dated 6 June 2016 (S.15.0067. F/1, available through...more

Energy Newsletter - October 2016

Negotiating an In-Project Construction Dispute - Many thorny and competing interests are implicated when an ongoing major construction project experiences an unanticipated event that impacts the project schedule or...more

Hangeul Proclamation Day

October 9th marks the date that Hangeul (meaning great script) was originally proclaimed the writing system for the Korean language, departing from the use of Chinese characters. The holiday was officially designated in 1945...more

Validity of Pre and Post: Nuptial Agreements

What are the main jurisdictional requirements for the institution of proceedings in relation to divorce, property and children? There are a number of exceptions, but in general, the Courts of First Instance (the lowest...more

Arbitrator's award of third party funding costs upheld by High Court

A recent High Court decision upheld a costs award in arbitration proceedings that included third party funding costs. The Court concluded that the arbitrator had wide discretion to award costs, which included the award of...more

Plan to Grant Work Authorization to Millions Remains on Hold After Supreme Court Denies Request for Rehearing

On the first day of its new term, the United States Supreme Court sidestepped another opportunity to determine the constitutionality of President Obama’s executive immigration reforms. On October 3, 2016, the Court denied...more

Nevada case a reminder to foreign entities: Protect your due process rights when served

Foreign companies frequently face lawsuits filed by U.S.-based plaintiffs. The service of the initial lawsuit on a foreign company is a process that has come under greater scrutiny in recent years in order to ensure...more

Supreme Court Denies Rehearing in Immigration Case

On Monday, October 3rd the Supreme Court denied the Obama administration’s request to rehear arguments in United States v. Texas, a case involving President Obama’s 2014 executive actions on immigration. The Supreme Court...more

SEC Cracks Down on Charitable Contributions under the FCPA - Best Practices In Light of Recent SEC Enforcement

For the first time, the Securities and Exchange Commission has brought an FCPA enforcement action premised entirely on a one-time charitable contribution. On September 20, 2016, the SEC announced a settled FCPA...more

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