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International Dispute Resolution

Spain: IPR Protection

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…

UAE: Effective Arbitration

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…

Malta: TM Dispute Resolution

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…

Panama: Convenient and Inexpensive Arbitration Platform

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…

Great Britain: Regulation of Arbitration Clauses

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…

Netherlands: Arbitration Clause in Emails

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…

Macau TM Licensing and Dispute Resolution

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…

Crypto-Asset Litigation

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….

India: Remote Dispute Resolution

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…

Mediation & Social Distancing

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…

Сan an Arbitral Award Be Annuled?

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…

Arbitral Awards in Japan

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…

Hungary: Challenging & Executing Arbitral Awards

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…

Arbitration & Mediation: Why Singapore?

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…

Remote Dispute Resolution During COVID-19

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…

Arbitration in the SAR

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…

Arbitration in Panama

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…

Philippines: Arbitration During the Coronavirus Pandemic

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…

E-Mediation: 10 Tips

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…

Canada: Arbitration Rules

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…

Mediation: ‘Ecological’ Method to Resolve Commercial Disputes

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…

Arbitration in Germany

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…

The First Crypto-Dispute in Malaysia

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…

Arbitration Legislation in the Kingdom of Norway

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…

Arbitration – Mediation – Arbitration

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 Smart Contracts for Dispute Resolution

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…

Arbitration: Protecting Confidentiality of Information

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…

Litigation and Arbitration – Points of Difference

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…

Benefits of Mediation

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…

Enforcing of Arbitral Awards in France

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…

Dispute Resolution Basics: What, Why, When, and How

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…

Which Сountry is Best to Settle an International Dispute

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…

How to Get Information or Documents During a Lawsuit in England

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…

New Rules to Detect Corruption in International Arbitration

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…

Arbitration in California

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…

How to conclude arbitration agreements correctly

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…

COVID-19 and international arbitration

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 as a Way of Resolving International Commercial Disputes

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 or Litigation: It’s Up To You

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…

USA: Choosing a Mediator

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….

Resolving Investment Disputes in the Republic of Austria

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…

Virtual Mediation: Dispute Resolution Online

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…

Options for Commercial Dispute Resolution in Denmark

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…

Hong Kong’s Mediation Landscape

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….

Resolving International Financial Disputes Through Arbitration

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…

Online Arbitration During the COVID-19 Pandemic

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…

Mediation

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…

Peaceful Dispute Resolution. Why?

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…

Assessing Damage Relating to the Breaching of a Contract

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…

Mediation Explained

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…

Litigation Crowdfunding

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 AND MEDIATION IN MALAYSIA

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…

Arbitration & Act-of-State Doctrine

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…

Mediation in HK

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…

Resolving Disputes in Germany

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….

Arbitration in Privilege: British Courts Support Peaceful Dispute Resolution

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…

Dispute Resolution in Cyprus

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…

Resolving Disputes in Japan

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…

Mediation in Spain: models, cost, choice of mediator

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…

Arbitration in the UK

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…

Virtual Arbitration During the COVID-19 Pandemic

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,…

ONLINE ARBITRATION: HOW DOES IT WORK?

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: VIRTUAL ARBITRATION

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…

Mediation in the UK

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…

Resolving Commercial Disputes in the UK during COVID-19

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…

International Negotiations

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…

International Arbitration: England & Wales

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

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…

General principles of English contract law

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…

Alternative Dispute Resolution

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…

Marking the distinction between Arbitration and Mediation

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…

Arbitration: impactful risk mitigation mechanism for inter-country claims

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…

National arbitration laws

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…

The Latest From the High Court on Interpreting the Scope of Arbitration Clauses

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…

Pros and Cons of Institutional and Ad Hoc Arbitration

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…