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Dispute Resolution Clauses

High Court Flexes its Muscles in Support of LCIA Arbitration

by Latham & Watkins LLP on

The English High Court has again demonstrated its willingness to exercise supervisory jurisdiction in support of arbitration proceedings by granting an anti-suit injunction and a freezing order against a party which started...more

Court Rules That Procedural Law Is Synonymous With the Law of the Seat Arbitration

by Latham & Watkins LLP on

A recent decision of the English Commercial Court (Shagang South -Asia (Hong Kong) Trading Co Ltd v Daewoo Logistics [2015] EWHC 194 (Comm)) addresses a potential ambiguity in poorly drafted dispute resolution clauses. In...more

Practical guidance on drafting and negotiating commodities contracts: Focus on Chinese counterparties with emphasis on successful...

by Reed Smith on

It is inevitable that some commodity trades end in dispute, particularly in current markets where prices are generally low and have been falling. This may happen in any jurisdiction, although this article focuses on China and...more

NJ Appellate Court Offers New Guidance on Employee Arbitration Agreements

Earlier this month, the New Jersey Appellate Division ruled that employee arbitration agreements, to be enforceable, must contain a “clear and unmistakable” waiver of an employee’s right to a trial in court. In Milloul v....more

Not So Friendly 'Friendly Discussion'

by Reed Smith on

‘Friendly discussion’. Two words that perhaps on first sight appear uncontroversial as to their meaning. However, when put into the dispute resolution clause of a contract, these two seemingly simple words can create issues...more

The Heat of the Moment: When Inking That Big Deal, Make Sure Dispute Resolution Provisions Are on Your Checklist

by Lane Powell PC on

The strength of the Seattle area economy has been attracting both national and international attention. The bird that is synonymous with economic activity — the construction crane — is visible from downtown to South Lake...more

A Primer on Insurance Dispute Resolution in China

by Zelle LLP on

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

What Makes a Multi-tiered Dispute Resolution Clause Enforceable?

by Latham & Watkins LLP on

A recent High Court decision serves as a reminder that multi-tiered dispute resolution clauses are not necessarily enforceable, and provides insight into key drafting points. Overview - Multi-tiered dispute...more

Appellate Court Confirms the Validity of Asymmetric Dispute Resolution Clauses

by Dechert LLP on

Dechert lawyers representing a major international bank in court proceedings in a number of regions in southern Russia with respect to claims to recover a total of about US$300 million in loan funds from the guarantors of a...more

The Global Prenup

by Morrison & Foerster LLP on

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

Education Update, No. 1, January 2013: Employment Contracts – Who Needs Them And What Needs To Be In Them?

by Fisher Phillips on

As indicated in the companion article written by Candice Pinares-Baez, January begins the hiring season for most schools. Job fairs, conferences, and recruiting are in full force. It is also the time to take a look at your...more

Environmental Update - Michigan Environmental News November/December 2012

by Varnum LLP on

In This Issue: - Michigan Passes Groundwater Well Dispute Statute - Again - EPA Pushes Back on Stormwater Discharges from Logging Roads - Storage Tank Program Undergoes Changes - Sierra Club Ready to Sue on...more

Private Equity Newsletter - Fall/Winter 2012 Edition: Negotiating Private Equity and M&A Deals in the Middle East

by Dechert LLP on

After a number of ebullient years of activity until late 2007, the Middle Eastern private equity industry is facing new challenges as fund-raising is getting tougher and investors across the board have become more demanding....more

Doing Business in Canada: Dispute Resolution

by Bennett Jones LLP on

Dispute resolution in Canada follows procedures in line with other leading western legal systems, including those of the United Kingdom and the United States. The independence and impartiality of the Canadian judiciary is...more

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