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Tokyo Dispute Resolution & Crisis Management Newsletter – August 2020 - Mining Arbitration in the Asia-Pacific

The Asia-Pacific region integrates the mining industry within the life cycle of the global economy more fluidly than perhaps anywhere else in the world. Metals and minerals extracted from the region are transported to the...more

Tokyo Dispute Resolution & Crisis Management Newsletter - April 2020

This is the third King & Spalding Tokyo release on the Covid-19 crisis (click here for our 28 February release and here for our 18 March release). Over this period, Covid-19 has changed the world. Although it was not...more

Tokyo Dispute Resolution & Crisis Management Newsletter – March 2020

On 31 December 2019, a new coronavirus disease, now officially named “Covid-19”, was first reported to the World Health Organization (the “WHO”)’s Country Office in China. On 11 March 2020, the WHO stated that “Covid-19 can...more

Tokyo Dispute Resolution & Crisis Management Newsletter – February 2020 Special Edition

...It has unquestionably been a sustained period on instability over recent months with, amongst many others, the anti-China demonstrations and disturbances in Hong Kong, the manner of the Trump administration’s engagement...more

Tokyo Dispute Resolution & Crisis Management Newsletter – February 2020

In late 2017, South Africa modernized its International Arbitration Act (the “IAA”) and showed potential to become the arbitral seat of choice for arbitrations involving African parties. Just a few months later, however,...more

Tokyo Dispute Resolution & Crisis Management Newsletter – January 2020

Title 28 of the United States Code § 1782 (“§ 1782”) has always been a powerful tool in the pursuit of evidence located in the United States for use in foreign proceedings, and it has been well understood for some time that §...more

Tokyo Dispute Resolution & Crisis Management Newsletter – October 2019

On September 17, 2019, the Committee on Foreign Investment in the United States (“CFIUS”) published two Proposed Rules to implement most of the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”). CFIUS is an...more

Tokyo Dispute Resolution & Crisis Management Newsletter – August 2019

The Philippines has become a favoured destination for foreign investors despite global and domestic risks. Foreign direct investment in the Philippines in the last two years was at approximately $10 billion per year, with...more

Tokyo Dispute Resolution & Crisis Management Newsletter – July 2019

Introduction - Owners and contractors involved in large-scale energy and manufacturing projects face unique challenges in bringing projects to fruition. One challenge is negotiating and drafting a contract that places the...more

Tokyo Dispute Resolution & Crisis Management Newsletter – May 2019

Legal developments in the field of international law continue to be dynamic and expanding, through national legislation, common law and transnational tort suits, new soft law instruments and drafting exercises, institutional...more

Tokyo Dispute Resolution and Crisis Management Newsletter - February 2019

Disputes in the International Oil & Gas Industry - Best Practices for Effective and Quick Resolution - Disputes in the oil and gas industry take an almost infinite variety of forms. Therefore, when considering best...more

Tokyo Dispute Resolution and Crisis Management Newsletter - January 2019

Significant White Collar Developments at the U.S. Department of Justice: 2018 in Review - Amid the daily barrage of news stories from the US relating to the Robert Mueller investigation, the opioid epidemic and the U.S....more

Tokyo Dispute Resolution and Crisis Management Newsletter - December 2018

A Case Against One-Size-Fits-All Construction Contracts - Project development involves careful planning and clear contractual requirements on the front end to help ensure that the project is completed on time and within...more

Japan Continues to Embrace Cryptocurrency with Launch of Self-Regulatory Organization: Will the US or Other Countries Follow Suit?

On October 24, 2018, Japan’s Financial Services Agency (FSA) gave the country’s cryptocurrency industry self-regulatory status, allowing the Japan Virtual Currency Exchange Association (JVCEA) power to police and penalize...more

Tokyo Dispute Resolution and Crisis Management Newsletter - October 2018

Procedures for Speedy Appeals from Awards A Way To Alleviate Concerns About The Finality Of Arbitration - Introduction - The finality of arbitration can be a both a blessing and a curse. On the one hand, it gives the...more

Tokyo Dispute Resolution and Crisis Management Newsletter - August 2018

Power Project Investor’s € 128 Million Victory Against Spain - Eiser Infrastructure Limited and Energia Solar Luxembourg S.A.R.I. v. Kingdom of Spain (ICSID Case No. ARB/13/36) - In this edition, we look at an...more

Tokyo Dispute Resolution and Crisis Management Newsletter - May 2018

California Dreaming or Nightmare? - Exposure to Unfair Competition Litigation in California - Consumers and businesses alike have a powerful tool in California: the Unfair Competition Law (“UCL”), California Business...more

Tokyo Dispute Resolution and Crisis Management Newsletter - April 2018

Introduction - Recent actions involving conduct in Asia highlight the increasing complexity and global coordination of anti-corruption efforts. Though large settlements with Odebrecht and Braskem in 2016 have kept the...more

Tokyo Dispute Resolution and Crisis Management Newsletter - February 2018

Attorney-Client Privilege and Corporate E-Mail: Navigating the Morass of Personal Communications in Investigations - Internal investigations are an important process for identifying potential wrongdoing by agents of a...more

Tokyo Dispute Resolution and Crisis Management Newsletter - December 2017

Suitability of Arbitration Rules for Construction Disputes - Arbitration continues to be the preferred method of dispute resolution for construction disputes. With many large infrastructure projects being financed,...more

Tokyo Dispute Resolution and Crisis Management Newsletter - November 2017

The Art of the Closing Statement - Insights from a leading advocate into the preparation and delivery of closing arguments - The closing argument is counsel’s final opportunity to address an adjudicator, arbitrator,...more

Tokyo Dispute Resolution and Crisis Management Newsletter - September 2017

Construction Disputes Update: Risk Allocation and the Availability of NonContractual Claims - The fact pattern is all too common in complex commercial construction cases. Following extensive negotiations, an owner and a...more

Tokyo Dispute Resolution & Crisis Management Newsletter – April 2017

Building a Favorable Project Record During Construction Disputes - The value and importance of the written record in a dispute arising from a major construction project cannot be overstated. Even when project personnel are...more

Tokyo Dispute Resolution & Crisis Management Newsletter – March 2017

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

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