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Articles

What's Wrong with Arbitration?

By John H. Mathias, Jr. and Daniel A. Johnson

When it comes to fairness in modern U.S. insurance and reinsurance arbitrations, perception is arguably as important as reality.

 

Testing of Samples: A Tale of Two Approaches, Part I

By Christopher L. Campbell

How do Olympic and professional sports handle discovery requests for independent drug tests?


Hinting at Hall Street

By Harout Jack Samra and Fernando J. Alvarez-Perez

Sutter and the solution to the manifest disregard of the law debate.


"Evident Partiality" as a Challenge to Arbitral Awards

By Gustavo J. Lamelas

What happens when an arbitrator's impartiality is questioned?


Enforcing Annulled Awards under the New York Convention, Part I

By Kamal Sleiman

The debate over the context of a single word in Article V: may.


By Ship as By Rail: The Supreme Court's Ignored Protection of Jones Act Plaintiffs

By Justin S. Wales

Circuit courts have strayed from the Supreme Court in cases regarding seafarer employment contracts.


Has U.S. Intellectual Property Law Reached Too Far?

By Manjit Gill

Expanding U.S. companies wonder if their intellectual property will be adequately protected overseas.


Deterrents to Forum Selection Clause Challenges

By Nathan M. Crystal and Francesca Giannoni-Crystal

Rule 11(b) of the Federal Rules of Civil Procedure is an effective tool against FSC attacks.


The Hague Convention on Taking of Evidence Abroad: The Indian Experience

By Abhishek Singh and Arvind Kumar Ray

Indian law has been experiencing the subtle but powerful force of globalization.


Closing the Gap: Peruvian Tribunal Reinforces Arbitration

By Luis E. Sotelo

Peru continues striving toward becoming a pro-arbitration country that follows trade law guidelines and ensures a legal framework attractive for foreign investors.


ICC Issues Decision on Reparations for War Crime Victims

By Milica D. Kostic

The ICC is the first international court to allow victims to take part in its proceedings and to seek reparation, restitution, compensation, or rehabilitation.


Personal Jurisdiction and the New York Convention

By James E. Berger and Charlene Sun

Imposing a personal-jurisdiction requirement in New York Convention proceedings unnecessarily burdens the enforcement of international arbitration awards.


Arbitrability of Intellectual-Property Disputes in China

By Emmanuel Gillet

China seems to want to support the arbitration of intellectual-property disputes, but the law lacks clarity and hinders the development of arbitration for industrial-property disputes.


Enjoining Parallel Proceedings in Foreign Jurisdictions

By Veronica Tejada Lacayo

The probability of obtaining an anti-suit injunction against a foreign action will largely depend, at least initially, on the circuit to which the would-be enjoining court belongs.


Written-Form Requirements and Modern Communication: Part 1

By Annemarie Grosshans and Niccolò Landi

It does not matter what type of communication or correspondence is used to conserve consent to arbitration, as long as it can be proven if necessary.


Long Window for Recognizing Foreign Judgments Invites Fraud

By James K. Lee and Aaron Colodny

A party could bring an action to enforce a foreign money judgment procured by fraud long after the requisite evidence to defeat the action was destroyed.


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.


 


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