In the second installment of our series providing practical insights into the arbitration process, we examine the key elements of an arbitration clause and the importance of drafting the clause so that it is effective. It should be of particular interest to those unfamiliar with the principles behind providing for arbitration as a dispute resolution procedure in commercial agreements.
This relatively short document responds to the increasingly frequent pleas made by practitioners for guidance on the ethical standards applicable to party representatives in international arbitration. But is it the solution everyone was hoping for?
In Ust-Kamenogorsk Hydropower Plant JSC -v- AES Ust-Kamenogorsk Hydropower Plant LLP the UK Supreme Court confirmed that the English courts have the power to restrain non-European proceedings brought in violation of an arbitration agreement, even where no arbitration has been commenced or is contemplated. The decision is another example of the English courts' support of the arbitration process.
A brief overview of your company's alternative dispute resolution options in intellectual property conflicts.
Litigation risk for major corporations is now becoming a global phenomenon. As a result, in-house counsel must rely on local outside counsel for specific legal knowledge in jurisdictions outside the United States. Dispute management involves coordination with outside counsel, and development of a common approach to dispute analysis, strategy and resolution. Learn how to establish a robust dispute management system and deploy it globally for a large company.
An overview of arbitration in Brazil. Includes a discussion of Brazilian arbitration's history and its use in investment, corporate litigation, and construction. Also available in Portuguese and Spanish.
This InfoPAK (now known as ACC Guides) gives a succinct overview of arbitration, recent trends, arbitration agreements, legislative framework, and procedure in the United States.
In answering this FAQ, we provide guidance on what parties need to do (or avoid doing) in order to ensure that any pre-arbitral ADR procedure is enforceable.
The article covers familiar territory such as the enforcement benefits of arbitration, the neutrality it offers, the fact that it is more confidential than litigation and the finality of arbitration. It should be of particular interest to anyone new to arbitration and dispute resolution in general.