International dispute resolution
October 2013 | SPECIAL REPORT: INTERNATIONAL DISPUTE RESOLUTION
Financier Worldwide Magazine
October 2013 Issue
As globalisation continues unabashed, the threat of commercial conflict grows. As a result, international organisations with disputes in overseas markets increasingly seek effective means to resolve cross-border and multi-national disputes. Not only can such disputes be highly disruptive, they can also be costly, which is why alternative dispute resolution (ADR) mechanisms are becoming more popular. And with certain jurisdictions making a concerted effort to improve their profile as a seat of arbitration, the choice of viable venues continues to increase. However, ADR can bring its own risks, and as the balance of commercial transactions continues to shift to countries with less established and efficient dispute resolution regimes, parties must be aware that emerging jurisdictions may harbour unexpected and unique challenges.
FORUM: Comparing regional arbitration processes
FW moderates a discussion on regional arbitration processes between Elie Kleiman at Freshfields Bruckhaus Deringer LLP, Adrian Cole at King & Spalding, L. Santiago Soria at Marval O’Farrell & Mairal, Karam Singh Parmar at Tan Kok Quan Partnership, and Dieter Hofmann at Walder Wyss Ltd.
Getting the most out of mediation
Norton Rose Fulbright With the increase in complexity of contracts, legal disputes have become much more common in this day and age. Correspondingly, the methods adopted by parties to resolve these disputes have also increased. While litigation through the courts still remains the traditional form of...
Charles River Associates (CRA) The International Valuation Standards Council (IVSC) has recently expanded its mandate to include creating a single set of high quality, valuation standards and a globally recognised, respected valuation profession. In this article, we consider potential implications of these...
Cleary Gottlieb Steen & Hamilton This article provides an overview of the relative strengths and weaknesses of international arbitration compared to litigation. It aims to assist the reader into coming to achoice as to which dispute resolution mechanism would be more suitable in the circumstances of the particular...
Hogan Lovells In a landmark decision on 17 February 2011, the Higher Regional Court of Frankfurt (OLG Frankfurt) has strengthened the supremacy of parties’ procedural agreements over the arbitral tribunal’s procedural discretion (26 Sch 13/10). The German Supreme Court has rejected the...
Morrison & Foerster LLP The first 90 days of a suit are critical. Yet defendants and their lawyers tend to sit by passively as the early stages of litigation run their course. “Frequently”, writes Craig McEwen, “lawyers and their clients are trapped by the routines, incentives, and...
Allens Class actions have now been a part of the Australian legal landscape for over 20 years. In recent years, Australia has become the most likely jurisdiction outside of the United States in which a corporation will face significant class action litigation. The growing number of class...
Q&A: Managing and resolving class action disputes
FW moderates a discussion on managing and resolving class action disputes between Cari K. Dawson at Alston & Bird, Ross McInnes at Clayton Utz, Steven F. Napolitano at Skadden, Arps, Slate, Meagher & Flom, Wayne J. Lee at Stone Pigman Walther Wittmann, and Antonio Yanez, Jr at Willkie Farr & Gallagher.
THE PANELLISTS
Charles River Associates
Freshfields Bruckhaus Deringer
Hogan Lovells
Norton Rose Fulbright
Skaddem, Arps, Slate, Meagher & Flom LLP
Stone Pigman
TKQP