France has had a dual jurisdictional system since the 19th century. On the one hand, the administrative courts have jurisdiction to hear most disputes which involve public entities and, on the other hand, the judicial courts...more
As a matter of public policy, United States courts strongly favor alternative dispute resolution and show great deference to awards made by arbitration tribunals. However, a recent ruling by the US District Court for the...more
The English courts have recently taken a firm position on a party's right to challenge an arbitral award on the basis of the tribunal's delay in producing that award. In B.V.Scheepswerf Damen Gorinchem v The Marine Institute...more
When faced with questions of corruption in a commercial dispute, New York courts and international arbitration tribunals have historically taken different approaches. In particular, questions often arise pertaining to...more
The Portuguese Court of Arbitration for Sport (CAS) is expected to become fully operational in October 2015. The CAS will have mandatory jurisdiction over all administrative disputes arising in relation to sports federations,...more
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
WHAT ROLE WILL THE GOVERNMENT OF VIETNAM PLAY IN APPROVING AND REGULATING FOREIGN DIRECT INVESTMENT?
The Ministry of Planning and Investment (MPI) is the central administrative body that oversees all investment...more
With the high volume of trade and business involving Asian companies, Singapore is increasingly seen as the most attractive seat of arbitration for the reliable resolution of disputes within the Southeast Asian...more
Two recent decisions in Australia highlight the importance of adopting caution when using boilerplate dispute resolution clauses. The Supreme Court of New South Wales' decisions in Re Ikon Group Limited (No 2)  NSWSC...more
On 30 July 2015, the secretary general of the International Centre for Settlement of Investment Disputes (ICSID) registered a request to begin arbitration proceedings against the Republic of Austria. . The request was...more
WHAT ROLE WILL THE GOVERNMENT OF THAILAND PLAY IN APPROVING AND REGULATING FOREIGN DIRECT INVESTMENT?
The Thai government regulates foreign direct investment by requiring foreign investors to obtain approval from the...more
WHAT ROLE WILL THE GOVERNMENT OF THE PHILIPPINES PLAY IN APPROVING AND REGULATING FOREIGN DIRECT INVESTMENT?
The following Philippine government agencies are involved in approving and/or regulating foreign direct...more
WHAT ROLE WILL THE GOVERNMENT OF MALAYSIA PLAY IN APPROVING AND REGULATING FOREIGN DIRECT INVESTMENT?
Regulation of foreign investment in Malaysia is done both through legislation as well as governmental policies....more
The recent decision of the New South Wales Court of Appeal in Aircraft Support Industries Pty Ltd v William Hare UAE LLC  NSWCA 229 ('Aircraft Support Industries') confirms that Australian courts have power to partially...more
1. WHAT ROLE WILL THE GOVERNMENT OF INDONESIA PLAY IN APPROVING AND REGULATING FOREIGN DIRECT INVESTMENT?
The existing Indonesian Investment Act is Law No. 25 of 2007, passed by the Indonesian House of Representatives...more
Construction Lawyering in the U.K. and U.S.: Contrasts and Similarities -
There are important differences between the American and British styles of lawyering, but there is also much common...more
International arbitration is a fast-moving express train, with new awards and court decisions of significance somewhere in the world rushing past every week. Legislatures, too, constantly tinker with or entirely revamp...more
An Interview with Brent C. Kaczmarek -
Brent Kaczmarek is a Managing Director of Navigant Consulting Inc. and leads the firm’s International Arbitration group from its Washington D.C., office. Brent serves as an expert...more
As a result of the globalization of cross-border business, more commercial relationships than ever before exist between businesses and states. When a dispute arises, it is becoming more and more common for international...more
Today, nearly twenty-five years after the collapse of the Soviet Union, the countries of Central and Eastern Europe play an increasingly important role in the world’s economy. As the volume of global trade grows, and as the...more
What, if any, are the legal requirements of an arbitration agreement under the laws of England and Wales?
Arbitration proceedings in England and Wales (and Northern Ireland) are governed by the Arbitration Act 1996 (the...more
Until relatively recently, where a dispute was subject to arbitration, a party in need of emergency interim relief at the pre-arbitral stage only had two options. First, it could await the constitution of the arbitral...more
First Guidance Notes for Arbitrators, Parties and on Emergency Procedures -
At the end of June 2015, the London Court of International Arbitration (the LCIA) issued three guidelines on arbitration - the LCIA Notes for...more
South Africa is a signatory to the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards (also known as the New York Convention). Consequently, the South African courts are obliged to give effect to the...more
Australian courts have now overwhelmingly adopted a pro-enforcement approach to commercial arbitral awards, both international and domestic. Two recent decisions of the Supreme Court of New South Wales in Colin Joss & Co...more
Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up to create your digest using LinkedIn*
Back to Top