Life sciences globalization fuels new developments in international arbitration
Running a restaurant with business partners can be rewarding, but even the strongest partnerships face moments of disagreement. When those disagreements escalate into a deadlock—where neither party can move forward—it can...more
In today’s global economy, construction projects are more interconnected than ever. Materials, equipment, and skilled labor often come from a variety of domestic and international sources. When any link in this chain breaks...more
Partnership disputes are common in the restaurant industry, where high-stress environments, financial pressures, and differing business visions can create tension between partners. If not handled properly, these disputes can...more
The National Football League (NFL) is in the spotlight this season, not because of any certain game on the field, but for a legal battle off it. Last week, the Second U.S. Circuit Court of Appeals agreed that a NFL coach...more
In this Insight, first published in PLC, Shy Jackson considers how settlement agreements, while intended to resolve disputes, can sometimes become the source of further conflict over their interpretation and performance. ...more
We often settle legal malpractice claims before they result in a publicly filed lawsuit. Many of our clients, who are lawyers, want to avoid a public lawsuit, but once a suit is filed, they want to be vindicated by a...more
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