Articles

 

Argentina v. BG Group and the Question of Arbitrability

By Claudia D. Hartleben

The recent trend in the application of U.S. case law toward a judicial determination of arbitrability reinforces the importance of a seat in international arbitration.

Limiting Extraterritoriality Beyond Securities Laws

By Alan Brudner, Stephen Trigg, and Mor Wetzler

Morrison has had an immediate and significant impact on areas of law outside of the securities context, particularly in RICO cases.

Fixing the Way Multi-Arbitrator Tribunals Are Formed

By Herman Manuel Duarte

One of the pressing issues in international arbitration is the practice of unilaterally appointing arbitrators and its effect on the decision-making process.

U.K. Bribery Act: Assessing Risk, Implementing Procedures

By Michelle Duncan and Sara A. Murphy

As enforcement of the U.K. Bribery Act has begun, it is imperative that companies and individuals determine whether its jurisdictional reach extends to them.

Comparing Commercial and Investment Arbitration

By Diego Brian Gosis

When dealing with investment arbitration, as opposed to its commercial counterpart, certain practical and theoretical considerations justify varying approaches.

Possible Setback for CMS Spread Ladder Swaps in Germany

By Jan Kraayvanger and Armineh Gharibian

Regarding CMS spread ladder swaps, it is disputed whether financial institutions need to disclose the "initial negative market value" when entering into a swap transaction.

Obtaining Evidence in England for Use in U.S. Proceedings

By Steven Loble

English courts won't interfere with any procedure in which witnesses appear voluntarily to give evidence or produce documents.

Estoppel in French Arbitration Law

By Luc Bigel

Estoppel has recently been used in France as a defense to bar a radical change of stand from the annulment's applicant.

The Enforcement of U.S. Judgments in England

By Steven Loble

In this case, the plaintiff should have considered whether it would have been more efficient to have brought proceedings in England as opposed to the United States.

Rules Governing Experts: The European Perspective

By James R. Tumbridge, Timothy D. Pecsenye, and Gregory Urbanchuk

In the United States, the use of expert testimony is a routine and well-defined part of the litigation landscape.

Avoiding Litigation as Businesses Transition from GAAP to IFRS

By Barry Jay Epstein, Ph.D., CPA and Elizabeth A. Kowalski, CPA, CFE

The move to International Financial Reporting Standards (IFRS) is accelerating. Today, about 120 nations have prescribed IFRS for publicly held and, to a lesser degree, private entity reporting.