International dispute resolution

October 2015  |  SPECIAL REPORT: INTERNATIONAL DISPUTE RESOLUTION

Financier Worldwide Magazine

October 2015 Issue

October 2015 Issue


For multinational firms unfortunate enough to find themselves embroiled in a dispute in an overseas market, the challenges and potential consequences are immense. In addition to an understandable reluctance to enter into a dispute in a foreign territory, there is also the fear of local laws and the unfamiliarity with local language and customs. For multinational organisations, this, unsurprisingly, often leads to inconsistent outcomes in countries with less established dispute resolution regimes. Clearly, with unexpected and unique challenges lying in wait, the need to resolve a dispute as efficiently as possible is of paramount importance, with two methods in particular – arbitration and mediation – becoming increasingly popular in recent years due to the time and cost of litigation.

FORUM: Challenges of managing investor treaty arbitrations

FW moderates a discussion on the challenges of managing investor treaty arbitrations between Andrew Cannon at Herbert Smith Freehills LLP, Alexander A. Yanos at Hughes Hubbard & Reed LLP, and Julie Bédard at Skadden, Arps, Slate, Meagher & Flom LLP.

Choosing which court or tribunal will decide any disagreement under a business contract

Trowers & Hamlins LLP When businesses negotiate contracts they usually focus – quite rightly – on the commercial terms. At the back of the contract or in separate conditions will be the boilerplate legal terms, often including a ‘jurisdiction...

Managing litigation risk in commercial relationships

Blake Morgan LLP Expensive disputes can occur even in the best maintained contracting relationships but many can be headed off by careful thought and drafting at the outset. A well run contracts team will have – and will follow – a written and...

Regulation and Court proceedings – two sides of the same coin, or different coins entirely?

Collyer Bristow LLP A number of interim decisions in the English Courts concerning disputes about interest rate hedging and LIBOR manipulation have recently thrown a spotlight on the interplay between regulatory investigations and...

Mandatory mediation in the EU

White & Case “A ‘compulsory attempt at mediation’ brings insured disadvantages which are not easily understood. The attempt is therefore void.” These are the pithy and unambiguous words of the Frankfurt Higher Regional

ADR is here to stay and should be

Drinker Biddle & Reath How can you not admire a judge who begins his 110 page post-trial Opinion with these words, “I did not try this case very well. I did try it fairly. As the Supreme Court has recognised, ‘a litigant is entitled to a fair trial but not a...

The English class action?

Bird & Bird The English group litigation system is far removed from the opt-out, US-style class action model. We are, however, seeing a significant change in the group litigation landscape in the UK and, following the financial...

Making money without capital – international litigation

CANDEY Commercial disputes, otherwise known as litigation, are often perceived with anxiety, time intensive and costly distractions from a company’s core business. They can, however, present incredible opportunities to acquire or...

Q&A: Managing and resolving mining & commodities disputes

FW moderates a discussion on managing and resolving mining & commodities disputes between Dawna Wright at FTI Consulting, Warren Beech at Hogan Lovells, Craig A.B. Ferris at Lawson Lundell LLP, and Cameron Ford at Rio Tinto...


CONTRIBUTORS

Bird & Bird

Blake Morgan LLP

CANDEY

Collyer Bristow LLP

Drinker Biddle & Reath

FTI Consulting

Herbert Smith Freehills LLP

Hogan Lovells

Hughes Hubbard & Reed LLP

Lawson Lundell LLP

Rio Tinto

Skadden, Arps, Slate, Meagher & Flom LLP

Trowers & Hamlins LLP

White & Case


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