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Alternative Dispute Resolution (ADR) Conflict of Laws International Trade

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:

A Quick Take on Justice Scalia’s Legacy on Antitrust Law

The late Justice Antonin Scalia was not the biggest fan of antitrust law. As he famously quipped during his Senate confirmation hearing: “In law school, I never understood [antitrust law]. I later found out, in reading the...more

State Statute Of Limitations For Recognition Of Foreign Judgments Held Not Preempted By FAA

by Carlton Fields on

National Aluminum Co., Ltd. (“NALCO”) prevailed in arbitration held in India against Peak Chemical Corp. in 2005. Ultimately, the award was affirmed on appeal by an Indian court in February 2012. When earlier this year, NALCO...more

New York and English Courts Issue Similar Joint Memoranda on the Enforcement of Money Judgments with Dubai Courts

The March 23, 2015 Memorandum of Guidance issued jointly by the Dubai International Financial Centre Courts (DIFC Courts) and the U.S. District Court for the Southern District of New York (SDNY Court) follows the same pattern...more

Supreme Court Holds That Arbitrators, Not Courts, Are To Interpret A Treaty’s Arbitration Prerequisite

by Carlton Fields on

The United States Supreme Court has held that arbitrators, not courts, bear the primary responsibility for interpreting and applying a local litigation requirement of an investment treaty between the United Kingdom and...more

Federal Arbitration Act Preempts State Law; Action Stayed Pending Arbitration In Canada Under Canadian Law

Audio Visual Concepts, Inc. v. Smart Technologies, ULC, et al., Civil No. 11-1551 (JAG-CVR) (D. P. R. 2011), addresses the issue of the staging or sequencing the resolution of disputes pending in an international arbitration...more

ADR und Mediation - Die Richtlinie Nr. 2008/52/EG über bestimmte Aspekte der Mediation in Zivil- und Handelssachen im Lichte der...

Die europäische Richtlinie 2008/52/EG des Europäischen Parlaments und des Rates vom 21. Mai 2008 über bestimmte Aspekte der Mediation in Zivil- und Handelssachen trat am 21. Mai 2008 in Kraft und die Mitgliedstaaten mussten...more

ADR und Mediation - Jüngste Reform des Mediationsverfahrens in der Belgischen Zivilprozessordnung

Mit dem Gesetz vom 21. Februar 2005 hat der belgische Gesetzgeber die bestehenden Bestimmungen aus der belgischen Zivilprozessordnung (ZPO) und über die einzige Form der Familienmediation aufgehoben und sie durch ein neues...more

Section 1782 Discovery in Aid of Foreign Proceedings: A Powerful But Much Disputed Tool in International Litigation

In enacting 28 U.S.C. § 1782, Congress created a mechanism for parties in foreign proceedings to obtain evidence from U.S. companies and residents. Recent contested Section 1782 applications have raised an array of legal...more

The 2002 Declaration on the Conduct of Parties in the South China Sea

The 2002 Declaration on the Conduct of Parties in the South China Sea

by Rey Cartojano on

Cognizant of the need to promote a peaceful, friendly and harmonious environment in the South China Sea between ASEAN and China for the enhancement of peace, stability, economic growth and prosperity in the region; Committed...more

Supreme Court Decisions Under The Arbitration And Conciliation Act 1996 From Bhatia International To Venture Global Engineering

by Manendra Singh on

deals with the Supreme Court's Decision in Bhatia International v. Bulk Trading S.A., and Venture Global Engineering Company U.S.A. v. Satyam Computer Services. Broadly it aims at understanding, firstly, the ramifications of...more

China Promulgates Specific Conflict Law Governing Foreign-Related Civil Relations

by McDermott Will & Emery on

The enactment of this new law is intended to upgrade and systematise the existing Chinese conflict laws, in order to help parties to international civil and commercial transactions choose the proper governing laws, and to...more

ACTA - Consolidated Text

ACTA - Consolidated Text

by David Opijah on

ACTA Consolidated Text....more

People of Ecuador v. Chevron

Petition to Stay Arbitration

by Santiago Cueto on

People of Ecuador Petition to Enjoin Arbitration filed by Chevron at the Hague....more

Republic of Ecuador v. Chevron

Petition to Stay Arbitration

by Santiago Cueto on

Republican of Ecuador's Petition to Enjoin Chevron's Petition for Arbitration at The Hague....more

How to Minimize Franchise Disputes in China

by Santiago Cueto on

This article discusses several ways one can minimize franchise disputes in China....more

Best Practices in Drafting Arbitration Provisions in China-related Commercial Contracts

by Santiago Cueto on

This article lays out best practices attorneys should adopt in drafting arbitration provisions in China-related commercial contracts. While significant inroads have been made in the development of a more Westernized approach...more

Telenor Mobile v. Storm LLC

2nd Circuit Order Affirming Arbitral Award

by Santiago Cueto on

2nd Cir. Affirming Arbitral Award of USDC (SDNY)....more


by Rafael Boza on

An article discussing the effects and implications of Article 14 of Peru's 2008 Legislative Decree Regulating Arbitration....more

Canadian litigants battle over scope of arbitration clauses seeking juridical advantages

by Ellyn Law LLP on

Igor Ellyn, Senior Partner of Ellyn Law LLP Business Litigation and Arbitration Lawyers, Toronto, Canada, reviews the Ontario cases involving arbitration clauses. In Canadian courts, arbitration agreements are broadly...more

'Winning is Only Half the Battle': Procedural Issues Relating to the Recognition and Enforcement of Foreign Arbitral Awards

by Antonin Pribetic on

This article addresses some procedural problems which may arise in the recognition and enforcement of a foreign arbitral award under the Model Law and potential jurisdictional and limitation period challenges to a foreign...more


by Mary B. Ayad on

International Commercial Arbitration is the preferred method of dispute resolution between parties from different legal jurisdictions precisely because of its flexibility in the choice of law. Yet, that same flexibility...more

Case Note: Opinion of Advocate General Kokott in Allianz Spa (Formerly Riunione Adriatica Di Sicurta Spa) and Others v. West...

by Antonin Pribetic on

On April 2nd, 2007, the House of Lords (United Kingdom) referred to the European Court of Justice a request for a preliminary ruling in respect of the following question under the Brussels Regulation: "Is it consistent...more

Overcoming Latin American Skepticism to International Arbitration

by Harold Rodriguez on

This brief analysis of Latin American constitutionalism evaluates how the use of international arbitration can be a more effective tool of contract compliance given the region's traditional skepticism of enforcement...more

The 'Third Option': International Commercial Mediation

by Antonin Pribetic on

Mediation in the international context is a relatively recent phenomenon. As an Alternative Dispute Resolution (ADR) mechanism, third-party neutral mediation is firmly entrenched in the legal ethos and procedural rules of...more

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