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International dispute resolution

December 2018  |  SPECIAL REPORT: INTERNATIONAL DISPUTE RESOLUTION

Financier Worldwide Magazine

December 2018 Issue


A dispute can have potentially damaging consequences for any business, regardless of size and sway. If a dispute is international in scope, then the issues involved are likely to be much more complex and challenging to resolve – often requiring recourse to unfamiliar local laws, language and customs. With claims, counter-claims, accusations and aspersions part and parcel of a dispute, the need to resolve differences as efficiently and as quickly as possible is of paramount importance. Due to the time and cost of litigation, two dispute resolution mechanisms methods in particular – mediation and arbitration – have become increasingly popular in recent years. In an international context, how these are managed is key.

FORUM: Quantifying damages in international arbitration

FW moderates a discussion on quantifying damages in international arbitration between Simon Braithwaite, Yusuf Abdoollah, Javier Espel, Andy Cottle and Gervase MacGregor at BDO.

Weighing up litigation, arbitration and mediation

Norton Rose Fulbright LLP The first point to make is that the time to weigh up whether it is best for disputes to be dealt with in litigation, arbitration or mediation (or a mixture) is when the contract is drafted. This may sound like a statement of the obvious (which it is), but in the rush...

Resolving disputes: a FINRA forum perspective

Drinker Biddle & Reath LLP It is no secret that today’s clients are demanding increased efficiency from their lawyers. Luckily, for those whose practice involves securities-related disputes, the Financial Industry Regulatory Authority (FINRA) dispute resolution department has been...

Global group claims risk – navigating a rapidly evolving landscape

Freshfields Bruckhaus Deringer LLP The US, which has long been a hotbed for class action litigation, is no longer the only country seeing significant group claims across multiple sectors. Whatever their label or origin, actions involving multiple claimants are on the increase in Europe and elsewhere...

Arb-med-arb in cross-border disputes

SIDRA To satisfy the needs of an increasingly diverse set of legal cultures meeting in the global marketplace today, dispute resolution mechanisms must continually evolve. One of the recent solutions to arise out of the blending of legal cultures is evolutionary rather than...

Machine arbitrators: science-fiction or imminent reality?

FRORIEP Fifty years ago law firms looked nothing like they do today. Arbitration, however, has not experienced the same changes. Is it time for a calculated overhaul? The technological revolution that gradually seeped into legal practice is moving towards arbitration...

Expansion of the duty of disclosure in international arbitration

McCarthy Tétrault LLP International arbitration has always sought to reconcile the competing goals of efficiency and due process in light of the expectations of parties to a dispute. In order to achieve this balance, institutional rules recognise the contractual freedom of parties...

Towards a rapprochement for international arbitration and FIs

Shearman & Sterling LLP The traditional wisdom that financial institutions (FIs) and international arbitration are reluctant bedfellows has been getting a fresh look. The evolving needs of international finance and enhancements to the capabilities of arbitration are leading...

Using expert witnesses to resolve complex issues and provide independent perspective

Quinn Emanuel Urquhart & Sullivan LLP For disputes involving the determination of highly complex, technical or specialised issues, it is common for the parties or the court arbitral tribunal to require evidence from expert witnesses. As an example, the use of expert witness evidence in construction...

Early resolution of disputes in Ireland

Mason Hayes & Curran There has been a significant movement away from traditional court litigation in Ireland in recent years in favour of mechanisms designed to bring about an early resolution to disputes. There are many benefits to early resolution, particularly in relation...

Post-M&A disputes in Italy

Legance The broad definition of ‘post-M&A disputes’ can be held to encompass any cases related to sale and purchase agreements involving quotas or shares in companies (SPAs). More specifically, these disputes include matters stemming from the execution and...

Service of process abroad under Russian law

Khrenov & Partners Legal disputes involving foreign parties (both natural and legal persons) regularly fall within the jurisdiction of Russian courts. As a consequence, there arises the issue of service of process abroad, i.e., the manner in which a foreign defendant is notified...

In the business and human rights firing line: how to manage litigation risk and protect your investment when operating in developing economies

Volterra Fietta Transnational businesses that operate in developing economies are often perceived to have great influence on society and governance. Many view them as having power either to help or to hinder the fulfillment of human rights for local populations...

Q&A: ITC disputes

FW moderates a discussion on ITC disputes between Christine Lehman at Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Blaney Harper at Jones Day, Paul Brinkman at Kirkland & Ellis LLP, and Jamie B. Beaber at Mayer Brown.


CONTRIBUTORS

BDO

Drinker Biddle & Reath LLP

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Freshfields Bruckhaus Deringer LLP

FRORIEP

Jones Day

Khrenov & Partners

Kirkland & Ellis LLP

Legance

Mason Hayes & Curran

Mayer Brown

McCarthy Tétrault LLP

Norton Rose Fulbright LLP

Quinn Emanuel Urquhart & Sullivan LLP

Shearman & Sterling LLP

SIDRA

Volterra Fietta


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