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What do Russia’s arbitration reforms mean for M&A deals?

What do Russia’s arbitration reforms mean for M&A deals?

30 May 2017

Freshfields Bruckhaus Deringer’s Alexey Yadykin, Noah Rubins and Olesya Dianova consider the significant consequences that Russia’s new arbitration legislation will have for Russian M&A deals.

Enter the judge arbitrator? Lord Thomas encourages revival of “neglected” power

Enter the judge arbitrator? Lord Thomas encourages revival of “neglected” power

30 May 2017

In a recently published speech, the Lord Chief Justice of England and Wales, Lord Thomas, explained how he is “revisiting the rather neglected use of judges as arbitrators” as part of his effort to ensure the continued development of the common law.

Cauldrons of mistrust

Cauldrons of mistrust

26 May 2017

With M&A deals on the rise – especially in emerging economies – there is no better time to specialise in disputes in this area, argued Quinn Emanuel Urquhart & Sullivan’s head of international arbitration Stephen Jagusch QC at an event in Warsaw.

Making the most of mock arbitrations

Making the most of mock arbitrations

25 May 2017

Increasingly, international arbitration practitioners are using mock arbitrations – like mock jury trials in the United States – as a valuable tool to assess the strengths and weaknesses of a party’s position and develop an effective way to present their case in the real arbitration. Claudia Salomon and Peter Durning of Latham & Watkins highlight what must be considered to ensure the exercise is calibrated to the needs of the case.

White & Case partner calls for privilege rethink

White & Case partner calls for privilege rethink

28 April 2017

White & Case partner Phillip Capper told an audience at GAR Live Stockholm yesterday he had reconsidered his one-time opposition to having more rules in arbitration and called on the arbitration community to consider a new set covering privileged documents.

Lord Thomas again addresses courts-arbitration relationship

Lord Thomas again addresses courts-arbitration relationship

27 April 2017

England's Lord Chief Justice – who was accused of a "judicial land grab" last year when he argued that courts should have more scope to review points of law in arbitration – has used a speech in Beijing to give a more placatory view of the way the system should work.

Blair’s two-step test for illegally obtained evidence

Blair’s two-step test for illegally obtained evidence

27 April 2017

In a lecture in Vienna, Cherie Blair QC noted the lack of clear rules on the treatment of illegally or improperly obtained evidence in arbitration – including Wikileaks cables – and proposed a two-step admissibility test that takes account of who benefits from the wrongdoing and the public interest.

Saudi strides

Saudi strides

11 April 2017

Saudi Arabia was the first country in the Arab world to adopt a comprehensive arbitration law in 1983, recognising the need for fast, effective commercial dispute resolution. Now, says Majed Al Rasheed of the Saudi Centre for Commercial Arbitration, developments in the law and regulations are transforming the jurisdiction into one that is truly arbitration-friendly.

Institutions showing flexibility, says White & Case research

Institutions showing flexibility, says White & Case research

10 April 2017

In an effort to respond to the needs of companies using international arbitration, arbitral institutions are accommodating an increased wish by parties for expedited proceedings and sole member tribunals and are appointing women arbitrators with greater frequency, says research from White and Case – but improvements are still needed on time and cost.

Call for new rules for human rights disputes involving business

Call for new rules for human rights disputes involving business

24 March 2017

LINK ADDED. Three international law specialists have proposed drafting a special set of rules for the arbitration of disputes over alleged human rights abuses by businesses, arguing that it would solve an access to justice problem and have a preventative effect all the way down the supply chain.