International Dispute Resolution

If you are faced with the need to settle a commercial dispute with an Italian counterparty, you may find this blog post helpful. Mediation as a way to resolve a conflict without lengthy judicial red…

Businesses all over the world have increased their use of arbitration, while, at the same time, expanding the types of disputes that are subject to arbitration. Entrepreneurs who decide to resolve a commercial dispute through…

Last year was a landmark year for the development of mediation in the United States as the country joined the Singapore Mediation Convention, which aims to make international agreements on the resolution of conflicts using…

German statutory law doesn’t specifically define conciliation & ADR. It’s understood that ADR is an all-embracive term describing all non-litigation methods of settling disputes through mediation in the state of Germany. Conciliation, in its turn,…

Resolving domestic & international disputes through arbitration in the Republic of Cyprus requires that all arbitration agreements be in written form. International arbitrations are regulated by  Act #101/87, while domestic ones are governed by Chapter…

Deadlines There’s a 6-year deadline for filing regular & equity claims in the Caymans. Deadlines can be extended if fraud or deliberate concealment of factual information is detected. Signing a conciliation agreement, extending a deadline…

Resolving financial disputes in the Cayman Islands is the exclusive prerogative of the Supreme Court’s specialized department. Disputes are almost always adjudicated by a single judge. For civil claims in which the contested amount is…

Resolution of issues related to arbitral awards can be carried out in court. This blog post takes a closer look at how you can enforce an arbitral award through a court in the Czech Republic….

Unlike litigation, ADR (or Alternative Dispute Resolution) is a less costly & more peaceful way of resolving commercial disputes. There’s many different forms of ADR, each of which can be used in specific situations &…

Arbitration is a private method to settle disputes based on an agreement between the parties involved. Dispute resolution by arbitration in the Netherlands, like in any other European country, ends with a decision of the…

The SCM’s importance for peaceful settlement of commercial disputes is hard to overestimate. Adopted in 2019, it was signed by forty six countries, including the PRC & US.  So, let’s see what it’s all about…

Including a dispute resolution clause in commercial contracts is a common practice. So, let’s take a look at what it usually takes to settle a dispute & which ADR methods parties can make use of….

Companies involved in cross-border trade are often faced with two important questions:  Where and how to settle commercial disputes?  How to receive payment in case of a successful resolution of international commercial disputes?  To help…

A lawsuit centering around infringement of TM rights & transfer of domain name ownership in Europe & the US has recently been filed. However, because the plaintiff failed to provide sufficient proof, the court found…

This article sets out some of the practicalities of selecting a mediator for peaceful dispute resolution in the US. The settlement of an international dispute through mediation in the United States is a process in…

Resolving disputes by arbitration in Japan is a common practice, especially when it comes to disputes involving foreign investors. In fact, the popularity of arbitration is so high that Japanese arbitration institutions are reporting a…

Those interested in resolving disputes through litigation in Hong Kong should keep in mind that civil proceedings there are regulated by the Supreme Court’s rules & Chief Justice’s Guidelines. Commercial Courts There’s quite a few…

Resolving a dispute by mediation in the PRC is one of the most effective ADR methods involving neutral parties (i.e. mediators). The outcome of proceedings depends on a mediator; hence, choosing one must be approached…

The key goal of mediation is to find an acceptable solution to the conflict. Although the resolution of disputes through commercial mediation abroad in the vast majority of cases occurs the next day or shortly…

"Private court", private court of pale and gray hair men – those were just a few popular names of international arbitration in the past. However, this method of dispute resolution has only been gaining popularity…

Today's blog post invites readers to familiarize themselves with existing cross-border dispute resolution options in Switzerland that, under certain circumstances, might interest your company. We will highlight such topics as  why ADR in Switzerland is…

If you are interested in resolving an arbitration dispute in Austria, please note that a few years ago, the country underwent a reform, according to which the Supreme Court was determined as the sole instance…

Resolving disputes through mediation in Spain is a common practice. In this short review, we’ll try to shed some light on how parties to a dispute can choose a mediator in Spain & what requirements…

Being a common way of settling disputes in Ireland, arbitration has been getting increasingly formalized and thus similar to traditional adversary proceedings recently. Hence, other forms of ADR, such as expert opinion & mediation, are…

Courts in the Republic of Singapore are authorized to render judgements on copyright infringement & fraud. Initiating litigation in the Republic of Singapore, whether with a regular or Supreme Court, is pivotal on statutory provisions…

In many countries, courts are empowered to establish alternative dispute resolution (ADR) for parties without their consent. However, there is no such law in the UK. Perhaps it will appear in the near future, since…

Lack of jurisdiction of tribunals & procedural inconsistencies of arbitral awards are the two main issues the NYC tries to tackle. Tribunals in most jurisdictions are sufficiently authorized to render awards as per the principle…

Mediation in business is at the peak of popularity. But the success of this dispute settlement procedure largely depends on the mediator. From this blog post, you will learn the nuances of choosing a mediator…

Ensuring the impartiality and independence of arbitrators is indeed one of the main principles in resolving a dispute in the UK and in any other country. Both points are important components of a professional approach…

Common Law distinguishes between two types of remedies – damages and specific performance. IQ Decision team provides consulting services to determine which remedy is best for you. Damages in the English legal system is a…

If you are facing the task of starting a lawsuit in China, then this blog post can give you useful information to think about. In China, the judiciary is empowered on behalf of the state,…

What makes mediation a particularly effective ADR method is that it affords the maximum degree of flexibility to all its participants. Depending on a dispute’s nature & value, mediation in Great Britain may occur in…

Court proceedings may vary significantly from one US state to another. This blog post is dedicated to the specifics of dispute resolution in Delaware. Today, many entrepreneurs choose this jurisdiction to register a company in…

When it comes to mediation, a number of unfair stereotypes come to mind about this procedure. For example, many believe that mediation is only suitable for disputes over family law, or it is something like…

A legal system based on common law, geographic location & well-developed business infrastructure – all of these factors make resolving international disputes in Cyprus a very attractive option. The most popular way of resolving disputes…

A conciliatory procedure called mediation can be very helpful in resolving a conflict. Many civil cases end up in mediation before trial as a result of court rule or by agreement of the parties. The…

Special attention should be paid to dispute resolution methods when concluding business agreements. In this blog post, we offer an overview of the most common methods – negotiation, arbitration and mediation as peaceful methods of…

If you are faced with the need to resolve a dispute in Norway, then our blog post will be useful as it provides a brief overview of the litigation specifics in this Scandinavian country. Dispute…

Parties to a dispute who have received an award but aren’t based in India are often faced with the question: Which Indian court should they go to have that decision enforced?  According to the clarification…

If you or your business has been treated unfairly, you can defend your position by arbitration in London. Meanwhile, some change has occurred and international dispute resolution in the UK’s capital will be carried out…

Commercial arbitration in Japan is used less often than litigation as a means of resolving international disputes, despite the fact that Japan is a signatory to the New York Convention. Meanwhile, dispute resolution in Japan…

Arbitration is a widely used form of ADR in France. Prior to the adoption of the UNCITRAL Model Law, French arbitration laws were considered one of the most flexible & liberal in the world. So,…

This blog post describes ways to enforce arbitral awards in India and the reasons why enforcement of foreign awards remains a problem in that country. The constant growth of international trade has led to the…

Want to know how virtual arbitration works? Need some practical tips on starting a remote arbitration process in Europe? Looking forward to knowing how you can benefit from resolving a dispute through virtual arbitration? You…

Given that the coronavirus pandemic is continuing at an unrelenting pace, social distancing measures will likely to remain in place for some time to come. Recent months have seen the emergence of a trend whereby…

A dispute resolution by arbitration in Gibraltar initially presupposes the conclusion of an arbitration agreement. These provisions are general in nature and relate to the appointment of arbitrators, the nature of the award and the…

Due to the constantly increasing volume of litigation, arbitration is gaining widespread acceptance in the world, and Nigeria is no exception to this rule. Hence, commercial arbitration in Nigeria is increasingly being used in the…

Nowadays, resolving an international dispute through arbitration and at the same time using various technologies has become a trend, especially in light of the measures taken globally to combat the coronavirus pandemic. What kind of…

Considering settling a dispute in Switzerland? Then you should definitely keep in mind the latest amendments to the PILA Act passed by the Swiss Parliament early this year. Expected to enter into force in 2021,…

Settling a dispute by litigation in Spain normally takes place in court. The country’s judicial system is comprised of courts of different levels, such as: municipal courts, district courts, commercial courts, administrative courts, appellate courts…

Qualifying as a mediator in Germany requires potential candidates to comply with various legal requirements. For example, they must undergo initial training & be prepared to continue improving their professional skills on an ongoing basis….

Hong Kong: Arbitration Often referred to as a gateway to China, Hong Kong (HK) is the world’s number one arbitration site & a mecca for entrepreneurs wishing to settle disputes in East Asia. Its popularity…

In this blog post, we will briefly explain how disputes in Cyprus are resolved. If you intend to start litigation in Cyprus, first you should be aware of is that the domestic law of Cyprus…

If you encounter a situation when you need to resolve a commercial dispute in Indonesia, you need to be aware that arbitration proceedings in this jurisdiction can be initiated before or during the dispute. Another…

Nowadays, anytime it is possible, businesses try to avoid judicial procedures unless this is absolutely needed. Instead, they rightfully prefer alternative dispute resolution (ADR). In this article, we will provide a brief overview of the…

Given the ongoing coronavirus pandemic, those considering resolving international disputes through arbitration in India should seek alternative ways of resolving their disagreements. There’s not so many of them, which is why the choice currently boils…

In response to the growing demand for resolving disputes through arbitration, the Brazilian government has recently made some changes to the country’s arbitration laws. According to them, government agencies can now settle disputes involving transfer…

As in any other jurisdiction, litigation in the PRC requires filing a lawsuit. The country’s civil court system consists of: High Court; specialized courts; local courts. There are also specialized courts that are entrusted with…

If you intend to initiate arbitration in Brazil, it is important to consider the specifics of legal requirements in this jurisdiction. This article discusses the main aspects of regulating arbitral awards. Requirements for arbitral awards…

Litigation in Japan is initiated as soon as the plaintiff has filed a complaint in writing with a court, indicating a remedy sought & factually substantiating their claim. Once the court has looked into the…

Given the ongoing coronavirus pandemic, resolving disputes through arbitration in India is now impossible. The quarantine measures, such as social distancing, are causing Indian courts & arbitration institutions to seek ways to continue to carry…

With few minor divergences, Danish arbitration legislation is pretty much modelled on the 1985 UNCITRAL Model Law. In particular, it contains no requirements for concluding an arbitration agreement in Denmark. Given that the UNCITRAL model…

Though modelled on the Model UNCITRAL law, Caymanese arbitration legislation does have several distinctively “Caymanese” features. So, let’s analyze some of them, including requirements for concluding arbitration agreements in the Caymans & requirements for arbitration…

The rapid spread of the coronavirus pandemic has caused governments of many countries to take steps aimed at minimizing contact between people. Thus, dispute resolution procedures in Great Britain, including arbitration & mediation, have been…

Foreign investors seeking to start a business in Spain should keep in mind that carrying out economic activities in this country requires licensing. That, in particular, applies to obtaining IPR protection in Spain.  Spain: Patent…

The effectiveness of decision enforcement is one of the key criteria when choosing a dispute resolution procedure in the UAE. The recently adopted new law on arbitration in this jurisdiction further simplifies and systematizes this…

A big surprise for an entrepreneur may be the rejection of an application for TM registration. This is unpleasant and frustrating, but you can argue with this decision. In this blog post, we provide a…

Agreeing on a convenient place for arbitration for both parties is a sort of art. A neutral arbitration location has to be chosen assuming the parties have equal bargaining power. The choice depends to a…

Arbitration in Great Britain is used as an effective way of resolving disputes. However, to make this process as smooth & hassle-free as possible, parties negotiating a deal should pay special attention to reservations they…

Looking to start an arbitration in the Netherlands? If you are, then what follows below will certainly be of interest to you. We’re going to describe to you the specifics of dispute settlement in the…

Planning to start a business in Macau and register a trademark? It is worth investigating in advance the issues of trademark regulation in the selected jurisdiction. It will also be helpful to preliminarily familiarize yourself…

If you intend to start crypto activities in the EU, UK, or USA, it should be borne in mind that cases of manipulation and fraudulent schemes using crypto assets have become more frequent these days….

We’ve already covered general provisions related to dispute resolution in India. In this piece we’ll be reviewing changes in Indian dispute resolution procedures that have recently been introduced due to the coronavirus pandemic. Using Modern…

The ongoing coronavirus pandemic is causing people to be more careful about having face-to-face meetings. However, disputes are continuing to arise, and ADR methods, such as online mediation, may prove to be an effective tool…

The answer to this question is ‘yes’ despite the general principle that decisions made in the dispute settlement process through arbitration are considered final and should not undergo any substantive revision. Arbitration proceedings all over…

We’ve already covered the main aspects of arbitration regulation in Japan. In this piece, we’ll be looking into the enforcement & challenging of arbitral awards in this jurisdiction. Correction & Interpretation If you intend to…

We have already covered arbitration regulation in Hungary & requirements for initiating arbitral proceedings in this jurisdiction. In this piece, we’ll be looking into the execution & challenging of arbitration awards in Hungary. Interpreting Decisions…

Following SIMC launching, companies & individuals seeking to settle disputes via mediation in Singapore should take care of renegotiating their contracts. What makes Singapore the number one site for international arbitration is that it meets…

Measures to protect people from the virus are justified, but they only exacerbate the negative consequences for businesses, which are already assessing serious damage. With businesses focused on getting back to normal operations as soon…

Interested in regulation of arbitration proceedings in South Africa? Want to know more about the main requirements for settling disputes through arbitration in the SAR? Then this article is definitely for you. Resolving International Disputes…

Looking for information on arbitration in Panama? Want to know what arbitration laws the country has? Considering resolving a dispute in Panama? If you’re interested in getting answers to all these questions, then you’re in…

The coronavirus pandemic & ensuing nationwide quarantine has rendered the holding of arbitration proceedings in the Philippines impossible. Therefore, local arbitral tribunals are now looking for alternative ways of resolving disputes, and conducting virtual hearings…

With the coronavirus pandemic showing no signs of letting up, in-person mediations are rapidly giving way to remote ones. Some entrepreneurs have quickly adapted to the new reality & are feeling quite comfortable resolving disputes…

According to the Canadian Constitution, each of the ten provinces of this federal state can independently regulate the dispute resolution through arbitration in Canada. In this country, which is considered one of the world leaders…

There is such an entrepreneurial joke that if there is no conflict in your business life – check if you have a pulse. If a dispute between companies has occurred, how to get out of…

Can Arbitration Tribunals Correct or Interpret Awards in Germany on Their Own or at the Parties’ Request? Are There Any Deadlines? Parties involved in settling a dispute through arbitration in Germany can request that any…

If you are interested in registering a crypto business in Malaysia, it is important to know that since the launch of bitcoin in 2009, a lot of different cryptocurrencies have appeared. The most popular of…

Those considering filing for arbitration in the Kingdom of Norway should keep in mind that the legal basis for arbitration in this country is laid down in the Law on Arbitration. It applies to resolving…

As of now, the Singapore Convention has only been ratified by a handful of countries. However, once it is ratified by an overwhelming number of states, mediation will become a fully legitimate way of resolving…

Using traditional methods to resolve construction disputes is an invariably long & costly process. What’s more, legal costs may end up being disproportionate to the sum of the award received. Therefore, it is hardly a…

Preventing data from being leaked or unintentionally disclosed during arbitration is the number one priority for arbitrators worldwide. Therefore, arbitrators or mediators are doing their best to ensure that confidentiality of the parties’ information is…

Of course, many of us have at least some idea of ​​the litigation and how it works. However, not many people know about alternative methods of dispute resolution, such as how to resolve a commercial…

Settlement of International Commercial Disputes Due to the constantly growing number of international transactions, companies are increasingly facing the need to resolve their commercial differences. There are many factors influencing the emergence of disputes, and…

International commercial arbitration is not possible without the recognition of foreign arbitral awards. Enforcing arbitration decisions determine the effectiveness of the arbitration between international trade participants. It is determined primarily by the 1958 New York…

Formal procedures involving resolution of an international financial dispute may be rather costly & require a lot of time. They can also distract the company from its main business activities & lead to the draining…

Nowadays, more and more conflicting parties choose countries outside their place of residence to resolve the dispute. It has never been easier for the parties to resolve the dispute using alternative methods or in an…

The key to success in a lawsuit is the availability of sufficient information & evidence. English law is structured in such a way that it is rather difficult for the plaintiff to receive information from…

Corruption is a complex phenomenon of social life that has penetrated into many spheres of life, and international arbitration is not an exclusion.   In order to take more effective measures to counteract this disastrous phenomenon…

The U.S. judicial system will be in the focus of this material. We will look at how to settle a dispute through arbitration in California, given that there are parallel systems of state and federal…

International arbitration has firmly established itself as the main method of resolving disputes in a large business, and today no one needs to be convinced of its effectiveness. However, it would be nice if the…

International arbitration is one of the most common ways to resolve commercial disputes in the world. Therefore, any commercial organization that works with foreign counterparties, one way or another, may encounter consideration of the case…

Mediation is undoubtedly the number one alternative method for resolving commercial disputes both domestically and internationally. Development of mediation in various jurisdictions is often driven by reforms of the civil justice system which are meant…

Mediation in the UK has a long and deeply rooted tradition. For centuries, it has been used for a peaceful and calm settlement of disagreements between married couples. This negotiation tool proved to be so…

Mediation is an effective way of resolving a financial dispute in the United States. If you have a registered business in the US & are thinking of choosing mediator, you’ll find this article fairly useful….

The government of Austria hasn’t yet adopted a common policy regarding protection of foreign investments. With that being said, it is steadfastly committed to resolving investment disputes in the Republic of Austria through BITs. Being…

Being an out-of-court method of resolving disputes, mediation provides a viable & highly efficient alternative to traditional litigation. Given the ongoing coronavirus pandemic, companies & individuals worldwide are increasingly resorting to peaceful settlement of disputes…

When concluding any export-import transaction, the parties always hope for good, but, nevertheless, just in case, they think about what to do if a dispute between the parties to the transaction occurs. Where and how…

Over the past ten years, Hong Kong’s government has been doing its best to demonstrate its citizens & the rest of the world that resolving disputes through mediation can be indeed a highly effective tool….

Settling international financial disputes through arbitration is very important for any foreign company. However, it may prove to be a very time-consuming process at times. Let’s try & analyze how long it takes for a…

Given the ongoing coronavirus pandemic, judges/arbitrators/lawyers/parties are now deciding whether remote resolution of disputes in the EU, USA & other jurisdictions will be the best way of handling the upcoming arbitrations & trials. As far…

There are cases when lawyers are unable to effectively use mediation as an instrument for peaceful settlement of a commercial dispute. Therefore, hiring a competent mediator to resolve a conflict becomes absolutely vital. High-quality legal…

Why choose a peaceful way to resolve the dispute? This question interests many. In particular, it arises among those who are confident in the successful outcome of their case in court. What is a peaceful…

Introduction Imagine producing expensive, high-quality goods & having a network of loyal customers. In an attempt to increase your output, you conclude a contract whereby a modern production line will be installed at your production…

Being a very effective tool for resolving commercial disputes, mediation is widely practiced around the world nowadays. The main piece of legislation governing settlement of commercial disputes on the international arena is the Singapore Convention…

As far as conducting trials is concerned, one cannot but mention the fact that it is impossible to guarantee their timeframes and costs. Many people, even adherents of litigation, are finding it increasingly difficult to…

Arbitration Legislation governing arbitration in Malaysia is quiet archaic, which is why the country's government has recently taken steps to make it more compliant with UNCITRAL. Prior to that the main piece of legislation governing…

First formulated by a US court, the Anglo-American act-of-state doctrine states that the court as a body of power cannot render decisions regarding legislative/executive acts of a foreign state committed in its territory. At the…

ADR is defined as a process whereby two parties having a disagreement agree to resolve it by appointing a 3rd party (aka an intermediary or mediator). Under HK legislation, mediation cannot be enforced or imposed…

Planning on registering a company in the state of Germany? Want to know more about resolving disputes in the state of Germany? This article will provide you with an indepth look at German court system….

The UK remains a popular destination for resolving international business conflicts. International businesses all over the world often and willingly use English law as applicable by virtue of its flexible approaches, tools and principles in…

Looking for information regarding dispute resolution in Cyprus? Our article will provide you with insights into the main methods of dispute resolution in Cyprus, including court trial and mediation. Structure (Court Trial in Cyprus) The…

Thinking about filing a lawsuit in Japan? Looking to settle a commercial dispute in Japan through arbitration? If so, then you should bear in mind that judicial powers in this country are vested in the…

It would be a mistake to believe that the resolution of the conflict in international business is possible only in court. Not at all, and in this article we will provide you with basic information…

Adopted in 1996, the Arbitration Law (hereinafter referred to as AL) is applicable to abitrations in Great Britain and abroad (where the venue for peaceful resolution of international disputes is the UK). It can also…

Given the ongoing COVID-19 pandemic, employers are having increasingly more problems dealing with pending arbitration hearings. Timely settlement of disputes in arbitration, especially those involving payments, is becoming the number one priority for them. However,…

Arbitration has become the most convenient and popular method of resolving international commercial disputes. An arbitration clause is included not only in valuable commercial contracts, but also in small contracts. This is due to the…

Covid-19 has affected all spheres of international business, and if you decide to initiate an arbitration in Europe or any other jurisdiction, you are likely to face certain difficulties. Therefore, you will need to make…

In Great Britain, ADR denotes all possible variants of settling a dispute with the exception of legal proceedings and adjudication. Pursuant to the CPR, ADR is ‘a collective term for methods of alternative settlement of…

March 18, 2020 saw the Lord High Chancellor make this statement, ‘Even in difficult times like these, it is important that independent courts are able to dispense justice’. Despite the unprecedented situation in the health…

Vibrant business activity often leads to disagreements between the people involved in commercial activities that subsequently develop into resource-intensive and costly financial disputes. Frequently, it is hard to resolve a suddenly emerged problem without a…

The London Court of International Arbitration (LCIA) & the Arbitration Act 1996 The United Kingdom of Great Britain and Northern Ireland consists of four countries that in their union form a group of three jurisdictions:…

Mediation is an extrajudicial, alternative way of resolving disputes with the assistance of a neutral, impartial and independent mediator, who is appointed jointly by the parties to the dispute in order of reaching a mutually…

This article is devoted to the most common issues of contract law, including its historical and legal aspects of formation. English legal system was formed by centuries of case law. The contract as a legally…

Litigation may not always meet clients’ demands on resolving disputes, for such cases other methods are used for peaceful settlement.   In a world of ever-changing and competitive business conditions more often arises a necessity…

Arbitration Arbitration is a method of dispute resolution, which involves a neutral arbitrator’s supervision and decision-making along the considering the case. Mostly it’s held in informal conditions and changeable schedule. During the process arbitrators usually…

Clear and well-defined dispute resolution clause considering the key aspects of investments for inter-country deals from the very beginning provides parties an opportunity to receive protection of international investment treaties. Aforementioned makes arbitration a key…

Mandatory laws The Arbitration Ordinance contains only few provisions that cannot be excluded by the parties and is based on the following principles: “(a) subject to the observance of the safeguards that are necessary in…

Background Against public threats of legal actions made by John Hancock about Mrs. Rinehart, among others, Mrs. Rinehart’s children executed deeds which contained releases of claims and promises not to make further claims. Mrs. Rinehart’s…

Being one of the main forms of ADR, arbitration is all about having one’s dispute resolved by an independent arbitrator, and not a traditional judicial body. The parties resolve their differences through arbitration that hands…

Good morning everyone ​and good morning to Professor Lim Lan Yuan and the Executive Committee of International Institute of Mediators of Singapore (iiM). Thank you very much for inviting me to the Inaugural Conference on the Resolution of Neighbour Disputes….