Made to measure?

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 MARKET VIEW – ARBITRATION

CMS Cameron McKenna’s Guy Pendell and Lindy Patterson QC assess industry sectory arbitration and the role of the specialist institution

Arbitration is available to resolve almost any dispute between parties capable of giving legal consent. Arbitration is available for religious groups through Beth Din (for the Jewish community) and the Muslim Arbitration Tribunal (providing arbitration in accordance with Islamic Sacred Law). Meanwhile, disputes between the NHS and service providers, salary disputes for US National Hockey League players and disputes over sharemilking in New Zealand’s dairy regions can all be determined by specialist arbitration procedures. Continue reading “Made to measure?”

Looking to the future

 MARKET VIEW – ARBITRATION

Three Crowns’ Jan Paulsson looks at how little we know about arbitration in the present and what that means for predicting the future

Speculating about the future of international arbitration is a more comfortable activity than speculating about its present, because as long as we are not talking about the near future we will not be proved wrong, or be criticised for not knowing the unknowable. But are we really entitled to assert very much about the future when we in truth know so little about the present? We are indeed reduced to speculating about the present, and it is worth reflecting on the causes and consequences of finding ourselves in such a frustrating (and humbling) predicament.

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Luxembourg controlled management proceedings

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 MARKET VIEW – LITIGATION 

Bonn Steichen & Partners’ head of disputes Fabio Trevisan explores the ‘soft alternative’ to bankruptcy and what it means for both debtors and creditors

Luxembourg law provides for a range of insolvency procedures, of which the most common have as their purpose the winding-up and realisation of the assets of the debtor, namely bankruptcy and judicial liquidation; whereas other insolvency procedures, such as suspension of payments (sursis de paiement), composition with creditors (concordat préventif de faillite) and controlled management (gestion controlée), aim at preserving and/or recovering the business of the debtor. Controlled management (gestion contrôlée) was devised as a less blunt measure than bankruptcy and as a softer alternative to composition with creditors; it permits companies in a temporarily weakened financial state to find a solution while avoiding the harshness and finality of bankruptcy. The controlled management regime is governed by the Grand-Ducal Decree of 24 May 1935, supplementing the legislation on suspension of payments, composition with creditors and bankruptcy.

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Taking on the world

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 MARKET VIEW – LITIGATION 

Al Tamimi & Company’s Hassan Arab, Rita Jaballah and Robert Maxwell Marsh examine the growing role of the UAE as a dispute resolution hub and the benefits of conducting dispute resolution in the increasingly comprehensive legal system

With the recent US Open and New York Fashion Week, New York City has once again attracted the eyes of the world and cemented its place as one of the ‘big four’ of tennis and fashion, respectively. But is there a ‘big four’ for global commercial law dispute resolution? The United Arab Emirates (UAE), in its concerted efforts over the past ten years to respond to the needs of the business community and match the highest international legal standards, is well on the way to placing Dubai, alongside New York, London and Singapore, as one of the international ‘big four’ of corporate dispute resolution. Continue reading “Taking on the world”

Small islands, big cases

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 MARKET VIEW – LITIGATION 

Maples and Calder’s BVI managing partner, Arabella di Iorio, looks at complex commercial litigation in the British Virgin Islands

We all know the oft-repeated statistics: the hundreds of thousands of British Virgin Islands (BVI) incorporated companies, the hedge funds, the limited partnerships, the captive insurance companies. Those of us fortunate enough to live here also know that the BVI is among the most beautiful places on earth. But what is just as often forgotten is that the development of the BVI as a sophisticated offshore financial centre has gone hand in hand with its development as a jurisdiction able to handle the most complex international litigation.

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Neutral territory

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 MARKET VIEW – LITIGATION 

Lalive’s Marc Henzelin and Sandrine Giroud examine the key facts on the enforcement of foreign judgments in Switzerland

Ranked among the top five financial centres in the world and top of the Global Innovation Index 2014, with postcard landscapes and a tradition of discretion and stability, Switzerland remains a top destination for companies and wealthy individuals alike to bring their business and wealth. It is therefore unsurprising that enforcement of foreign judgments against assets held in Switzerland is an issue that comes up regularly in the day-to-day practice of international litigators.

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What’s in store for London’s Commercial Court?

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 MARKET VIEW – LITIGATION 

White & Case’s head of litigation, John Reynolds, looks at what impact the development of other countries’ specialist commercial courts will have on the future of London as a centre for international dispute resolution

Despite relentless competition, most notably from New York, the choice of English governing law dominates the international contracts market. So says a recent article from the July/August issue of Legal Business with the benefit of opinion from partners at a number of large international firms (including White & Case’s own David Goldberg).

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Conditional Fees – who wins?

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 MARKET VIEW – LITIGATION 

Ian Gray, Litigation head at Eversheds, looks back on the firm’s experience of alternative fee arrangements in commercial disputes, explains the lessons learned, and looks ahead to the future of dispute funding

One-off conditional fees

I remember being told around 1998, just prior to the introduction of conditional fees, that the general counsel of one large client was fed up that litigation lawyers did not have any ‘skin in the game’ and that, as a result, they ran cases too far, without a care for the costs. In the years that followed, we did a series of small and large conditional-fee cases. In truth, we had some tough experiences along the way, at times losing more than just some skin.

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Financial mis-selling in Ireland and the importance of knowing the consumer

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 MARKET VIEW – LITIGATION 

John O’Riordan of Dillon Eustace explains what advisers should bear in mind

There has been a significant increase in recent years in the number of claims relating to the alleged mis-selling of financial products to consumers in Ireland. These claims have been varied in their nature but essentially they have a common theme, the sale of an unsuitable financial product to a customer, on the basis of incorrect and/or misleading advice.

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A better Judiciary to realise Turkey’s potential

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 MARKET VIEW – LITIGATION 

Mehmet Gün, senior partner at Gün + Partners, examines the difficulties facing the Turkish judiciary and how essential a first-class justice system is to Turkey’s progress

In the 1980s, Turkey undertook significant liberalisation of its national economy. Since then, liberalisation has increasingly become a pivotal part of the international economy. Between the 1980s and 2000, Turkey learnt some very important lessons in the form of economic crises and was saved by International Monetary Fund programmes.

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