International dispute resolution

June 2024 | SPECIAL REPORT: INTERNATIONAL DISPUTE RESOLUTION

Financier Worldwide Magazine

June 2024 Issue

Trade secret disputes will continue their rapid growth in the coming years as a result of advances in technology and an increasing ability to share large swathes of data very easily. Establishing that the information to be protected is in fact a trade secret tends to be the biggest hurdle. FW discusses trade secret disputes with Kurt Kappes, Galit Kierkut and Ewen Mitchell at Greenberg Traurig, and Robert Sikellis at Novartis.

The Advisory Centre for investment disputes: what is it and where are we headed?

Arnold & Porter As Working Group III navigates the complexities of establishing the Advisory Centre for Investment Disputes, clarifying its operational framework, funding mechanisms, location and service provisions will be paramount to realising its intended objectives.

Does international arbitration have a fraud problem?

Travers Smith LLP Recent cases serve as a sharp reminder that international arbitration is not immune from fraud and that fraudsters will continue to think of ways in which the process may be exploited. This risk must be taken seriously.

Exchange rate volatility and cost exposure in international arbitration

Grant Thornton UK LLP If the exchange rate is moving unfavourably against a party even just for the impact on costs, it may lead to different outcomes as to whether to settle and for what amount.

The question of delegation of arbitrability in business contracts

Three Crowns If there is not ‘clear and unmistakeable’ evidence that the parties intended to delegate questions of arbitrability to an arbitral tribunal, parties could find themselves before a domestic court that they thought they opted out of.

The FCA proposes to name firms under investigation: transparency as a regulatory tool?

Milbank LLP There is a considerable risk that the changes proposed in the consultation paper will be detrimental for both firms and employees and that this will outweigh any benefits to consumers, market participants or financial markets in general.

Privilege: key considerations from an Irish perspective

Matheson LLP In cross-border situations, understanding the interplay between Irish rules and those that apply in the European Union, as well as in any relevant foreign jurisdiction, is key to successfully asserting and maintaining privilege.

Climate change lawsuits in Germany

Gleiss Lutz So far, German courts have dismissed climate lawsuits as the associated behaviour is not unlawful. The courts ruled that the legislator had fulfilled its obligation to avoid infringing fundamental rights by amending the Climate Protection Act.

CONTRIBUTORS

Arnold & Porter

Gleiss Lutz

Grant Thornton UK LLP

Greenberg Traurig

Matheson LLP

Milbank LLP

Novartis

Three Crowns

Travers Smith LLP