Arbitration

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Briefings in English - 2011

A number of procedural irregularities have led to an international arbitration award being set aside – an event rarely seen in the Hong Kong courts. In this briefing we examine the causes. (July 2011)

As events in Libya unfold, investors will be considering potential claims for any harm or loss caused by the unrest. This briefing gives an overview of the protection afforded by bilateral investment treaties and looks at possible claims for indemnification under political risk insurance policies. (March 2011)

Briefings in English - 2010

In this briefing, we review contractor claims for relief in these changing economic times, with a focus on how these issues are addressed in the FIDIC 1999 suite of contracts, under many common law jurisdictions and in the Middle East. (November 2010)

A new Arbitration Ordinance was passed in Hong Kong on 11 November 2010. The result of extensive debates and consultation, it aims to maintain Hong Kong’s position as a state-of-the-art arbitration venue for international arbitrations. The new Arbitration Ordinance abolishes the distinction between domestic and international arbitration, and also introduces reforms around judicial intervention, interim measures, costs, enforcement, confidentiality and mediation. This briefing outlines these changes and what they mean for arbitration in Hong Kong. (November 2010)

In order to benefit from investment treaty protection, investors have both structured and restructured their investment vehicles in states that have signed investment treaties with the host states for their investments. This briefing addresses a recent decision that holds that post-investment restructuring can be ‘perfectly legitimate’. (October 2010)

This briefing comments on the legal and regulatory developments regarding the enforceability of certain standard terms in contracts for retail financial services. (July 2010)

The Singapore International Arbitration Centre has recently issued revised arbitration rules that apply to arbitrations commenced on or after 1 July 2010. This briefing looks at the changes to the rules and assesses the effect they will have on arbitration in Singapore. (July 2010)

Briefings in English - 2009

A recent decision of the Supreme Court of India has underscored the importance of carefully drafted arbitration agreements for foreign parties doing business in India. This briefing provides an overview of the Court’s decision, analyses its effect on arbitration in India and describes the manner in which foreign parties can protect themselves from its consequences. (December 2009)

The Court of Appeal handed down its decision on 6 November 2009 upholding the High Court decision that a scheme of arrangement is not an appropriate mechanism by which the administrators of Lehman Brothers International (Europe) (LBIE) can return assets to LBIE’s clients. This briefing outlines the background to the decision and the reasons for it. (November 2009)

There has long been interest over whether courts in the People’s Republic of China (PRC), when confronted by an International Chamber of Commerce (ICC) award made in the PRC, would recognise and enforce it. Under local laws, arbitration agreements are only valid if they designate arbitration before one of the ‘arbitration commissions’ in the PRC. However, in a recent case the PRC courts were willing to recognise and enforce an ICC award made in China. (October 2009)

The People’s Republic of China (PRC) Supreme People’s Court’s (SPC) recent Interpretations and Guiding Opinion on PRC Contract Law provide much needed guidance on several controversial areas that have regularly arisen in PRC arbitrations and litigations. They address some significant differences between PRC law and ‘accepted’ common law practice, and will be particularly important in the current economic climate. This briefing examines the new guidance and highlights the importance of ensuring that contracts are carefully drafted, and that peculiarities under PRC law are taken into account. (August 2009)

Companies based outside the US are well aware that US prosecutors and the Securities and Exchange Commission (SEC) are increasingly seeking to enforce the US Foreign Corrupt Practices Act (FCPA) against non-US entities and individuals. The prosecutors and SEC have adopted very broad interpretations of the FCPA and their jurisdiction over persons and business ctivities outside the US. At the same time, many other countries have adopted or increased their enforcement of similarly broad laws prohibiting foreign bribery. This briefing outlines the key facts and recent developments of which non-US entities need to be aware in relation to US antibribery law and its enforcement. (March 2009)

Briefings in English - 2008

Our November briefing, The restructuring and insolvency regime in the United Arab Emirates, examined the restructuring and insolvency regime applicable to companies operating under United Arab Emirates (UAE) law. In this briefing, we provide an overview of the restructuring and insolvency regime set out in the laws and regulations of the Dubai International Financial Centre (the DIFC). (December 2008)

The DIFC Arbitration Law 2008 came into effect on 1 September and opens up the Dubai International Financial Centre as a possible seat (or juridical place) of arbitration to all parties looking to seat their arbitrations in the Middle East. This briefing explains the background to the new law and the services it makes available to users of arbitration in the region. (September 2008)

The Civil Justice Council has this week published its recommendations to the Lord Chancellor for a more efficient and effective procedure for collective actions in England and Wales. The central proposal is for a new generic collective action (including a possible ‘opt-out’ methodology) that, if adopted, would radically change the landscape for English litigation. We set out below our initial thoughts and will of course happily respond to any questions. (8 August 2008)

Briefings in English - 2007

The Dubai International Arbitration Centre recently overhauled its arbitration rules to internationalise Dubai’s arbitration procedures and bring Dubai into line with major arbitration centres around the world. This briefing summarises the rule changes and their implications for businesses operating in the Middle East. (June 2007)

The Singapore International Arbitration Centre (SIAC) and the Dubai International Arbitration Centre (DIAC) each revised their arbitration rules recently, effective on 1 July 2007 for the SIAC rules and on 7 May 2007 for the DIAC rules. This briefing summarises the rule changes and their implications for businesses operating in the Asia-Pacific region and the Middle East. (July 2007)

Arbitration is usually the preferred method of dispute resolution for investors in China and this guide aims to describe the most significant features of the arbitral process and the requirements for an arbitration clause. The guide also considers the option of arbitrating China-related disputes outside China and the possibility of resolving disputes through dispute resolution procedures contained in most bilateral investment treaties. (June 2007)

An overview of collective actions and D&O liabilities in England, France, Germany, Italy, the Netherlands and Spain. (March 2007)

Briefings in English - 2006

The Supreme People's Court (SPC) recently promulgated its long-awaited interpretation on the application of PRC arbitration law (the SPC Interpretation). The SPC Interpretation consolidates previous judicial interpretations and provides guidance on two key issues in arbitration: the validity of arbitration agreements and challenges to arbitral awards. (September 2006)

China's main international arbitration body, the China International Economic and Trade Arbitration Commission (CIETAC), has recently revised its arbitration rules. The new rules represent a major overhaul of CIETAC arbitration procedures and are sure to enhance CIETAC's position as a leading player in the resolution of Chinese-foreign business disputes. (May 2006)

Arbitration is usually the preferred method of dispute resolution for investors in China and this guide aims to describe the most significant features of the arbitral process and the requirements for an arbitration clause. The guide also considers the option of arbitrating China-related disputes outside China and the possibility of resolving disputes through dispute resolution procedures contained in most bilateral investment treaties. (April 2006)

Briefings in English - 2005

On 12 May 2005, a World Bank tribunal found in favour of CMS Gas Transmission Company (CMS) in its landmark case against the government of Argentina, awarding CMS damages of approximately US$150m, including interest. In this briefing we discuss the significance for US companies with investments in Argentina. (July 2005)

Briefings in German - 2009

Stabile und verlässliche rechtliche Rahmenbedingungen sind wesentliche Voraussetzungen für Investitionen im Ausland. Die Bundesrepublik Deutschland hat deshalb mit 126 Staaten (darunter mit China, den meisten osteuropäischen Staaten und Staaten des Mittleren, Nahen und Fernen Ostens, Indien und Pakistan) bilaterale Investitionsförderungs- und Investitionsschutzverträge (Englisch: Bilateral Investment Treaties, BITs) abgeschlossen.(Oktober 2009)

In Österreich wird seit längerem – und seit der Verschärfung der Finanzkrise noch intensiver – über die gesetzliche Regelung von Massenverfahren diskutiert. Es liegt dazu bereits ein Entwurf zur Änderung der Zivilprozessordnung vor, in deren 5. Abschnitt ein solches Massenverfahren (§§ 619 ff ZPO) eingeführt werden soll. Ziel dieses Entwurfes ist es, Ansprüche einer Vielzahl von Personen, die jeweils in einem engen rechtlichen oder faktischen Zusammenhang stehen, in Hinkunft gebündelt und möglichst ökonomisch im Rahmen eines sogenannten Gruppenverfahrens geltend machen zu können. (März 2009)

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