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Brexit: UK unwinds implementation of EU ADR laws
The UK Government has published legislation to effectively revoke the implementation of the EU Mediation Directive (200852EC) after Brexit. The
Litigation Trends 2019
It is our pleasure to present the 2019 edition of Weil’s Litigation Trends Report, in which we offer our cross-practice assessments and predictions
ADR: Hot topic or hot air?
<p><strong>When: 27th March 2019</strong></p> <p><strong>Where: The Ritz-Carlton, Dubai International Financial Centre<br /> P.O. Box 482032<br /> Gate Village, DIFC<br /> Dubai, UAE</strong></p> <p><strong>Time: 17:30 - 19:15</strong></p> <p>We are delighted to announce the details of our Dubai ADR seminar on Wednesday, 27 March 2019. This one-hour evening seminar will consist of a panel of four leading experts in mediations and ADR, who will focus on mediations in the UAE/GCC, the Singapore Convention and it’s likely affects on Arbitrations, and the pros and cons of expert determination and early neutral evaluation.</p> <p><strong>Programme</strong></p> <p><strong>17:30 Registration</strong></p> <p><strong>18:00</strong> <strong>Mediation in commercial matters where families are involved</strong>: <a href="https://www.linkedin.com/in/zoe-giannopoulou-22424732/?originalSubdomain=gr" target="_blank">Zoe Giannopoulou, European Institute for Conflict Resolution</a></p> <ul style="list-style-type:none"> <li>The elements of a family business conflict and why they are different from other types of business conflicts</li> <li>Different theories on resolving family business disputes using techniques ranging along the continuum from litigation to mediation</li> <li>Discuss what course of action is desirable</li> </ul> <p><strong>18:15 The Singapore Convention:</strong> <a href="https://www.adrodrinternational.com/rahim-shamji/" target="_blank">Rahim Shamji, ADR-ODR</a></p> <ul style="list-style-type:none"> <li>Why was there a need for the Singapore Convention?</li> <li>How will the Singapore Convention affect mediation especially in enforcement of settlement agreements?</li> <li>Will the Singapore Convention affect the use of Arbitration in international cases?</li> </ul> <p><strong>18:30 Mediation in the UAE/GCC</strong>: <a href="https://www.squirepattonboggs.com/en/professionals/d/dhanoa-dilpreet-k" target="_blank">Dilpreet K. Dhanoa, Squire Patton Boggs</a></p> <ul style="list-style-type:none"> <li>Mediation through different lenses: is there a Middle Eastern perspective?</li> <li>Mediation in practice throughout the GCC and wider Midde East.</li> <li>Mediation: a place in GCC disputes?</li> </ul> <p><strong>18:45</strong> <strong>Expert determination and early neutral evaluation</strong>: <a href="http://www.hardwicke.co.uk/barrister/pj-kirby-qc" target="_blank">PJ Kirby QC, Hardwicke</a></p> <ul style="list-style-type:none"> <li>What are Early Neutral Evaluation and Expert Determination?</li> <li>Why has Early Neutral Evaluation had such limited appeal?</li> <li>Why might Expert Determination be preferable to arbitration or litigation?</li> </ul> <p><strong>19:00 Q&A Session</strong></p> <p><strong>19:15 Drinks & Canapés in the Olive Garden Terrace</strong></p>
The Prague Rules
The “Inquisitorial Rules on the Taking of Evidence in International Arbitration", the so-called "Prague Rules", were officially launched on 14
March 2019 - Key issues in brand cross-licensing in China
In recent years, Chinese brands have been increasingly gaining global recognition, especially in the technology, ecommerce, and consumer goods sectors
Mainland and Hong Kong Courts will Enforce Each Other's Judgments on Labour and Employment Matters for the First Time
Following the cancellation of work permits in August 2018 for Hong Kong, Macao and Taiwan residents working in Mainland China, there has been a
Draft an Arbitration Clause both Tailored and Clear
Arbitration clauses benefit from simplicity. The best arbitration clauses also inform. Rarely are they inventive or creative. This is true for
Keeping Boilerplate Coupled to the Transaction: The Ongoing Struggles with “Wrap” Arbitration Provisions
At least in theory, mutual assent remains a cornerstone of contract law and thus of arbitration. The tricky part has become understanding what counts
DIFC Court continues to take broad view of own jurisdiction
DIFC Court continues to take broad view of own MARCH 2019 Dubai jurisdiction Table of contents Recent commentary has tended to focus on what the DIFC
Key updates modernise UAE civil procedure
Civil procedure in the onshore UAE Courts has very recently been supplemented, and in certain key respects has been revised, by extensive Federal
New Jersey Says No to Pre-Dispute Arbitration Agreements and Non-Disclosure Provisions
Seyfarth Synopsis: Governor Murphy signed Senate Bill 121 into law today, Monday, March 18, 2019. The law affects claims of discrimination
Claims of Sexual Assault and Sexual Harassment in Employment Not Subject to Arbitration - At Least in One Case
The MeToo movement brought attention to the use of private arbitration for
Private Interest Outweighs Public Interest In Sealing of Arbitration Documents
In the past several years, motions to seal arbitration documents generally have been denied in favor of the public's right to have access to
Senate Bill 7 Restores Kentucky’s Approval of Employment Arbitration Agreements
The freedom of Kentucky employers to require mandatory arbitration agreements as a condition of initial or continued employment was again confirmed
SC fortifies principles of incorporating arbitration clause by reference
Recently, in the case of Giriraj Garg v Coal India Limited and Others (Civil Appeal No. 1695 of 2019 decided on 15 February 2019), the Supre
Commercial Court blocks foreign proceedings to invalidate an arbitration agreement on constitutional grounds
In Aqaba Container Terminal (PVT) Co. v Soletanche Bachy France SAS 2019 EWHC 471 (Comm), the Commercial Court granted a permanent anti-suit
Africa Focus: Spring 2019
Welcome to the fourth edition of Africa Focus. This issue explores various ways in which African nations are becoming more hospitable to business and
Spokeo Update: Parties Settle Long-Running FCRA Dispute
On March 11, the U.S. District Court for the Central District of California approved a settlement stipulation between the parties in the long-running
Dispute resolution in the United Kingdom (England & Wales)
A structured guide to dispute resolution in the United Kingdom (England & Wales
Dispute resolution in Hong Kong
A structured guide to dispute resolution in Hong Kong
Arbitral award challenge based on Achmea unsuccessful
The Svea Court of Appeal has largely upheld two arbitral awards which Poland had challenged on the ground that the arbitration provision in the
Yes, You Can Get Your Arbitration Agreement Enforced in the Eleventh Circuit (Probably)
A broad arbitration agreement, drafted with TCPA claims in mind, will be enforced - even in the Eleventh Circuit. In Fialek v. I.C. Sys.,2019 U.S
Third Circuit Holds Trial Required When Parties Dispute Facts About Whether There Is An Agreement to Arbitrate
The Third Circuit Court of Appeals ruled on March 6 that a factual dispute over the existence of an agreement to arbitrate between Live Nation World
Arbitrability of consumer disputes: loophole in Booz Allen framework?
The Supreme Court recently ruled that consumer disputes are incapable of being submitted to arbitration, placing them in the infamous category of
Case of the Missing Clause: Magistrate Judge Refuses to Recommend Arbitration of TCPA Claim Where Plaintiff Signed Up For Services Indirectly, Bypassing Defendant’s Arbitration Clause
A Magistrate Judge in the Southern District of Florida recommended Monday that a defendant's motion to compel arbitration of a plaintiff's TCPA claim
The “LADY M” - The Court of Appeal considers the meaning of the ‘fire’ exception - Robert Thomas QC and Benjamin Coffer
The Court of Appeal’s judgment in the “LADY M”, handed down today, provides definitive guidance on the scope of the ‘fire’ defence in Article IV Rule
Arbitration Provisions: Applicable to Independent Contractors or Not?
A group of security workers for the National Football League urged Judge Andrew L. Carter, Jr. Of the Southern District of New York to deny the NFL's
Hong Kong Court Refuses leave to appeal arbitral award
In Buda Pipe Rehabilitation Engineering Co. Limited v CPC Construction Hong Kong Ltd 2019 HKCFI 503, the Hong Kong Court of First Instance
Close, But No Cigar: Bilcon Tribunal Rejects Claim on Grounds of Failure to Establish Causation
On 10 January 2019, the Tribunal of Bilcon v. Canada rendered its Award on Damages, following its Award on Jurisdiction and Liability rendered in
High Court overturns practice of appointment of arbitrators
Every so often, a judgment is passed that upsets settled ways of doing business. When the hue and cry has hushed, upon closer and sober examination