News & Analysis as of

Mediation International Arbitration

Seyfarth Shaw LLP

Treatment of sovereign immunity under the laws of Hong Kong and mainland China

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On 1 January 2024, Foreign State Immunity Law of The People’s Republic of China (“FSIL”) came into effect, changing and clarifying the position of sovereign immunity under the laws of Hong Kong and mainland China....more

JAMS

Arbitration Essentials: How to Initiate and Navigate an International Arbitration, Part 2: Hearings

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Rules and Procedures: Hearings - JAMS provides a comprehensive spectrum of conflict prevention and dispute resolution services to meet the unique needs of today’s global business environment. Those services include...more

Awatif Mohammad Shoqi Advocates & Legal...

Dispute Resolution in the UAE: Litigation and Alternative Dispute Resolution.

In the UAE, disputes can be settled by two different methods. This method includes traditional court litigation and alternative dispute resolution (ADR) methods, such as arbitration and mediation. Each dispute resolution...more

JAMS

Bridging Cultures, Avoiding Disputes: Why Construction Needs Partnering Dialogue More Than Ever

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Not long ago, I spoke with a general contractor on a multinational infrastructure project. “We had five nationalities on-site,” he said, “and six different ways of interpreting the same deadline.” He wasn’t exaggerating. ...more

White & Case LLP

Efficiency And Effectiveness

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The behaviours that most negatively impact efficiency in arbitration include adversarial approaches by counsel (24%), lack of proactive case management by arbitrators (23%) and counsel over-lawyering (22%). Respondents called...more

JAMS

Across Borders and Barriers: How Culture Shapes the Law in International Legal Negotiations

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The idea for “Across Borders and Barriers: Insights Into International Legal Negotiations” was born from years of observing what too often goes unsaid in cross-border legal practice: that most of the difficulty lies not in...more

BCLP

Getting the Ball Rolling: Sports Disputes Resolution in Hong Kong SAR

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These are exciting times for sports in Hong Kong. With the Hong Kong team’s success at the 2024 Paris Summer Olympics and Summer Paralympics, the opening of the Kai Tak Sports Park and the 15th National Games (which Hong...more

Lasher Holzapfel Sperry & Ebberson PLLC

Hague Convention on the Civil Aspects of International Child Abduction

The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty that established a uniform set of laws for countries with respect to child abduction. Countries that are signors to the...more

JAMS

Tariffs, Contracts and the Negotiation Imperative: Why the Old Playbook Won’t Work

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New tariffs and economic shocks are placing immense strain on business contracts and relationships. For companies entangled in long-term agreements, the instinctive reaction—litigating or engaging in a zero-sum renegotiation...more

A&O Shearman

LCIA Updates Costs and Duration Analysis

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The London Court of International Arbitration (LCIA) published a third analysis of the costs and duration of LCIA arbitrations on December 30, 2024. This iteration of the analysis has been long awaited, as it covers cases...more

White & Case LLP

Pakistan Signs the Singapore Convention

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On 17 December 2024, the Federal Cabinet of Pakistan granted its approval for Pakistan to join 57 other nations as a signatory to the United Nations Convention on International Settlement Agreements Resulting from Mediation,...more

K&L Gates LLP

Arbitration World: The Hague Court of Arbitration for Aviation

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Peter Morton (London) is joined by Paul Jebely, the Founder and Chairperson of the Hague Court of Arbitration for Aviation (HCAA), to discuss the origin and aims of the HCAA and some of the key features of arbitration under...more

DLA Piper

Saudi Arabia and International Arbitration: Modern and Ambitious

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The growth of new centers of international arbitration in areas of the world not historically associated with this form of cross-border dispute resolution has been a key trend in the evolution of international arbitration...more

JAMS

Mastering the Art of Construction Dispute Resolution Clauses - A neutral’s perspective on drafting ADR agreements

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Many neutrals may assume that they have little need for skills in drafting dispute resolution clauses. If so, they are wrong. In fact, there are good reasons why all ADR participants—including the neutrals—need experience in...more

JAMS

Dr. Anton Maurer’s Guide to the Minefields of the Public Policy Exception to the Enforcement of International Arbitral Awards

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Dr. Anton Maurer’s career as an international lawyer in or with respect to more than 65 countries has led to his recognition as a trusted neutral in jurisdictions such as China, Switzerland, India, England, Brazil, Korea,...more

Cranfill Sumner LLP

No Second Bite at the Arbitration Apple: How the Fourth Circuit Appeals Court Steadfastly Affirms the Recognition & Enforcement of...

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Companies that are successfully expanding their business beyond the United States or aiming to grow their business globally may find that understanding the world of international arbitration can be a valuable tool for...more

JAMS

[PODCAST] Getting to Know the Florida ADR Market: Vibrancy, Tenacity and Growth in Miami

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In this podcast, JAMS neutrals Mercedes Armas Bach, Retired Judge, 11th Judicial Circuit, Florida, and Scott J. Silverman, Retired Judge, 11th Judicial Circuit, Florida, discuss the growth and evolution of the ADR market in...more

JAMS

Challenges and the path forward for disputes in aviation

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The International Air Transport Authority (IATA) is a Montreal-based trade organization incorporating 317 airlines from over 120 countries. Its member operations comprise about 82% of available global commercial seat miles....more

Paul Hastings LLP

With Japan's Ratification, the Singapore Mediation Convention Gains International Momentum

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On October 1, 2023, Japan became the twelfth nation to ratify the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”). Pursuant to Japanese domestic...more

Venable LLP

UK Signs Singapore Convention on International Mediation Settlement Agreements

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In a move that reflects the ongoing intention of the United Kingdom's Government to strengthen the country's status as a hub for commercial dispute resolution, the UK signed the United Nations Convention on International...more

Morrison & Foerster LLP

SICC Launches Litigation-Mediation-Litigation Protocol in Collaboration with SIMC

In order to promote the amicable resolution of international commercial disputes, the Singapore International Commercial Court (SICC) has released a Litigation-Mediation-Litigation Protocol (the “LML Protocol”), setting out a...more

Morgan Lewis

United Kingdom to Sign Singapore Convention on Mediation

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Following a consultation, the UK government announced it will sign the Singapore Convention, thereby renewing its commitment to international commercial mediation and the United Kingdom’s position as a world-leading center...more

Hogan Lovells

Hybrid jurisdiction clauses – two new English and Hong Kong cases give confidence to lenders

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Two recent English and Hong Kong court decisions have given confidence to lenders that they should be able to enforce their rights against creditors under so-called asymmetric or hybrid dispute resolution clauses....more

Cranfill Sumner LLP

Round 2! U.S. Supreme Court Has Heard the Arguments on Section 1782 – Discovering the Issues With Discovery in International...

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As noted in our prior posts, the U.S. Supreme Court Justices (with the exclusion of Justice Clarence Thomas who was hospitalized on March 18) heard oral arguments on March 23, 2022, for ZF Automotive US, Inc. v. Luxshare,...more

WilmerHale

Member States Approve Amendments to ICSID Rules and Regulations

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On 21 March 2022, a comprehensively updated set of rules and regulations for ICSID arbitration, conciliation, and mediation proceedings was approved. The new rules and regulations will go into effect on 1 July 2022. The...more

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