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Pensions Newsletter - April 2017
Wednesday, April 19, 2017 8:00 PM
In an application for divorce, certain issues were determined in a temporary order granted by Justice Lalonde (the Lalonde Order) in connection with

Deference to parties' procedural autonomy and due process
Wednesday, April 19, 2017 8:00 PM
The autonomy of parties to agree on an arbitral procedure is a basic principle of international commercial arbitration

ICSID Tribunal Upholds a State’s Right to Investigate Criminality in Arbitral Proceedings
Wednesday, April 19, 2017 8:00 PM
An ICSID tribunal has unanimously rejected a claimant’s attempt to temporarily suspend a State-initiated criminal investigation involving two of its

International arbitration for construction and real estate projects in the Middle East
Wednesday, April 19, 2017 8:00 PM
There is no doubt that dispute resolution in the Middle East region has been problematic historically. Parties struggle frequently with the

Negotiating a Settlement with a Foreign Party
Wednesday, April 19, 2017 8:00 PM
In China, settlement negotiations may not arise until the parties have filed their case in court or arbitration and each side has presented evidence

Tax and the new Federal Court practice notes
Wednesday, April 19, 2017 8:00 PM
With the recent introduction of the National Court Framework ('NCF'), Chief Justice Allsop has issued new Federal Court of Australia Practice Notes

与外方谈和解你需要知道些什么
Wednesday, April 19, 2017 8:00 PM
作者胡梅 金杜律师事务所争议解决部

New Jersey State Courts Continue to Scrutinize Arbitration Agreements
Wednesday, April 19, 2017 8:00 PM
This spring has seen a new crop of state court decisions addressing the enforceability of arbitration agreements in New Jersey. In Roach v. BM

Liquidation proceedings in foreign jurisdiction not grounds for staying arbitral proceedings
Wednesday, April 19, 2017 8:00 PM
Israel's pro-arbitration position was recently affirmed by a district court decision refusing to grant injunctive relief that would have the effect of

Brazilian Superior Court denies Recognition of Award Due to Conflict Relating to Arbitrator’s Law Firm
Wednesday, April 19, 2017 8:00 PM
On April 19, the special chamber of the Brazilian Superior Court of Justice denied recognition of an arbitral award issued in the United States in

Poland Dramatically Alters Legal Landscape for Renewable Energy Investors, Giving Rise to Treaty Claims
Wednesday, April 19, 2017 8:00 PM
Winston clients who have made investments in the wind farm or renewable industries in Poland may have a viable claim for damages, cognizable under

ICC introduces fast-track arbitration procedure and bolsters transparency
Tuesday, April 18, 2017 8:00 PM
The latest Rules of Arbitration of the International Chamber of Commerce (ICC) entered into force on 1 March 2017 (the 2017 Rules). New provisions

How More International Arbitrations Can be Amicably Settled
Tuesday, April 18, 2017 8:00 PM
Many more international arbitrations could be amicably settled if greater use were made of the "sealed (settlement) offer" ("Sealed Offer"). But this

Chinese court enforces a foreign judgement for the first time on the basis of reciprocity
Tuesday, April 18, 2017 8:00 PM
China has for the longest time been known for adopting one of the most restrictive reciprocity systems in the world. A view widely accepted by even

Turkey: The Regulations, Permits and Considerations
Tuesday, April 18, 2017 8:00 PM
Spanning Asia and Europe and bordered by eight countries, Turkey is located in a strategically important location and has a diverse cultural heritage

LAT claws back on Attendant Care Services Provided by Family Members
Tuesday, April 18, 2017 8:00 PM
In the recent decision of M.P. v. Certas Home and Auto Insurance Company, the License Appeal Tribunal has tackled the issue of whether attendant care

Conducting Business in Ukraine 2017
Tuesday, April 18, 2017 8:00 PM
Since gaining independence in 1991, Ukraine remains a country in transition and its legal system continues to develop. The country is undergoing some

When does a disagreement become a dispute?
Tuesday, April 18, 2017 8:00 PM
Large construction projects provide significant scope for disputes of various types to arise between contractors and employers. An essential aspect

Court rules that stay of proceedings is mandatory
Monday, April 17, 2017 8:00 PM
The Federal Court recently restated the Malaysian courts' position in respect of their intervention in arbitration

Disputes Digest - April 2017
Monday, April 17, 2017 8:00 PM
Welcome to our Spring edition of Disputes Digest. In this edition, we look back at 2016 and summarise the key litigation and

Commercial Court confirms that asymmetric jurisdiction clauses may be exclusive for the purposes of EU law
Monday, April 17, 2017 8:00 PM
Asymmetric jurisdiction clauses also known as one-sided or for the benefit' clauses are common in international financial services agreements, but

Arbitration Courts Will Not Hear Consumer Disputes
Monday, April 17, 2017 8:00 PM
On 27 January 2017 a new bill amending the Bulgarian Civil Procedure Code entered into force (the “Bill”). Among others, the Bill (i) reduces the

Calling All Small Claims: British Columbia's Civil Resolution Tribunal Looks to Take on Low-Value Small Claims Disputes
Monday, April 17, 2017 8:00 PM
The Civil Resolution Tribunal (the “CRT”) is a unique online forum to address disputes in British Columbia. The CRT first began hearing strata

Do I have to consider mediation?
Monday, April 17, 2017 8:00 PM
Those involved in litigation who still think they can avoid having to consider mediation need to think again. Just in case further reminders are

Resisting adjudication enforcement on substantive grounds
Monday, April 17, 2017 8:00 PM
In the recent case of Wilson v Hutton, the court gave guidance on the rare cases when it is appropriate for a losing party to seek to resist

Rome Wasn’t Built in a Day: Progress Report on the Creation of a UNCITRAL Convention on Enforcement of Conciliated Settlement Agreements
Monday, April 17, 2017 8:00 PM
Over the past few decades, alternative dispute resolution ("ADR") has become the preferred method of conflict management in the commercial world

Unpacking Ontario’s International Commercial Arbitration Act: What’s new and what you need to know
Monday, April 17, 2017 8:00 PM
On March 22, 2017, Bill 27, Burden Reduction Act, 2017, received Royal Assent which, among a host of other legislative changes, gave immediate

Viešieji pirkimai: norintys bylinėtis mokės daugiau
Monday, April 17, 2017 8:00 PM
Seimas šį mėnesį priėmė Civilinio proceso kodekso pakeitimus, kuriais buvo padidinti žyminio mokesčio dydžiai viešųjų pirkimų bylose. Planuojama, kad

Evidence in Adjudication
Monday, April 17, 2017 8:00 PM
A key part of the role of architects who act as contract administrators is to determine whether or not contractors are entitled to an extension of

The new FIDIC Yellow Book: It's about time
Monday, April 17, 2017 8:00 PM
At a recent conference held in London, attendees were provided with the proposed revisions to the FIDIC 1999 Yellow Book for Plant and Design. The

 

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