Life sciences globalization fuels new developments in international arbitration
Many owners, contractors, and design professionals take a “boilerplate” approach to dispute resolution provisions and don’t consider the risks specific to the project at issue. Parties also often wait until an actual dispute...more
Will the English Courts always give effect to a mandatory, binding dispute resolution clause that includes ADR as a condition precedent to litigation? The decision in the recent case of Lancashire Schools v Lendlease serves...more
Kim Kardashian and Tiger Woods are international celebrities, and they have something else in common. Both have been involved in disputes regarding arbitrating with nonsignatories to an arbitration agreement. The idea of...more
Appraisal is a frequently used and often maligned method to adjudicate disputes in the property insurance world. Typically, appraisal is used for the purposes of evaluation only and will not bring finality to a claim in which...more
The United States-Mexico-Canada Agreement (USMCA) went into effect on July 1, 2020, replacing the North American Free Trade Agreement (NAFTA). Access to investment arbitration in the USMCA is subject to more restrictive...more
Early Dispute Resolution (“EDR”) seeks to resolve complex commercial disputes within 30 to 60 days, with an outcome no different from resolution after full discovery and motion. A fundamental premise of EDR is that...more
In a recent judgment (Construction Company v Guarantor [2021] HKCFI 2558, judgment date: 17 August 2021), a Hong Kong court upheld a U.S. arbitral award made pursuant to a split dispute resolution clause. In dismissing the...more
Where an arbitration clause provides that parties “may” submit their disputes to arbitration, does this mean that arbitration is mandatory or merely permissive? What is the effect of a proviso in an arbitration clause which...more
FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more