International Disputes Digest July 2022 (CMS)
Learn about key developments in the field of international arbitration and dispute resolution.
Learn about key developments in the field of international arbitration and dispute resolution.
This is a sample litigation hold policy setting rules and procedures for a company's employees to follow to preserve evidence in connection with employment litigation matters.
This is a sample attorney-client privilege log.
The assignment of arbitral claims and arbitral awards is a fast-growing market practice. When entering into agreements for such assignments, it is crucial to ensure that they comply with all the applicable legal requirements. In this context, the assignee should carefully assess the risks that may arise out of the award debtor's rights pursuant to the provisions of the law applicable at the seat of arbitration and/or at the place(s) of enforcement of the award. Under French law there is a specific mechanism called the right of "retrait litigieux" ("disputed withdrawal"). In accordance with this singular legal mechanism, which is designed as a tool to fight against speculation, when a disputed claim is assigned to a third party in the course of any judicial or arbitral proceedings, the debtor is entitled to discharge its debt by paying the assignee the actual price of the assignment, plus interest and costs, instead of the full amount of the original debt (article 1699 of the French Civil Code ). As has been seen in the FG Hemisphere v Democratic Republic of the Congo saga, the conditions and requirements for exercising the right of retrait litigieux in the context of assignment of arbitral claims or arbitral awards are uncertain under French law.
This guide covers key legal issues, rules, and developments regarding fraud and asset tracing across a range of jurisdictions.
This multi-jurisdictional guide provides insight into the realities of international arbitration, highlighting market trends and legal developments as well as policy and strategic issues.
Topics covered include arbitration agreements, interim relief, arbitration awards, investment arbitration and decisions in 24 jurisdictions.
This article discusses the Supreme Court's decision denying a petition of several oil and gas company seeking to remove a climate change lawsuit from state court to federal court. The case, BP P.L.C. v. Mayor and City Council of Baltimore, is one of more than a dozen lawsuits filed since July 2017 by local and state governments against oil and gas companies.
This guide provides corporate counsel and international practitioners with comprehensive jurisdiction-by-jurisdiction guidance to product liability laws and regulation.
This article discusses tips to ensure that a document retention policy protects your company in the case of litigation, is compliant with current laws, and is cost-effective.
This is a sample Upjohn warning regarding counsel's conversation with an employee during an internal investigation.