Chambers Expert Focus | Dispute Resolution
Legal experts working across Dispute Resolution share market intelligence, analysis, and commentary on this area of law. Chambers Expert Focus contributors also reveal the key themes and trends for those working across litigation, arbitration, enforcement of judgments and more practice areas.
India’s tax dispute resolution landscape and schemes to provide greater certainty and accelerated decision timelines.
Examining recent legislative interventions that have positioned arbitration as the preferred dispute resolution mechanism in high-value transactions with a cross-border element in Uganda.
Whether “identity of parties” must exist for application of the extended doctrine of res judicata.
The arbitration framework in India: its key underpinning legislation, cases and takeaway points.
Some of the key aspects to consider when dealing with a business divorce, including what to account for if you suspect fraud and how to protect yourself as a victim shareholder.
Insurers’ duty to defend in the US, detailing such points as basic coverage guarantees, the importance of causes of action, and if absence of a duty to defend will mean that there can be no duty to indemnify.
Letters of Credit and Letters of Indemnity and refer to the decision on a relevant case in Singapore.
The principles of discovery, and outline some significant judicial decisions on the matter.
Bech-Bruun examine the 2024 IBA Guidelines on Conflicts of Interest, highlighting key amendments to the General Standards and the traffic light system.
Martin Scott KC of List G Barristers draws attention to a unique aspect of commercial dispute resolution that arises under Australian law.
Corporate and cross-border litigation considerations for conducting business in Mexico.
The importance and impact of early dismissal applications to focus on the “3Es” – “expedited”, “efficient” and “economical” dispute resolution.
Martin Scott KC of List G Barristers draws attention to two aspects of commercial dispute resolution which arise under Australian law.
Significant recent US Supreme Court decisions impacting copyright law in 2024.
The apportionment of profits in trade mark litigation cases.
The complexities of handling employees whose performance is deemed as being low.
The evolving landscape of arbitration in China, focusing on the anticipated amendments to the PRC Arbitration Law.
Analysis of conflict of laws by courts in the United States.
Insight into the recent transposition of the EU’s Representative Actions Directive into Belgian law.
Discussing two recent court decisions regarding the enforcement of foreign arbitral awards.
Analysing the introduction of trials in absentia to India’s new Criminal Procedure Code.
The new Practice Direction which brings about significant changes in the region’s Civil Procedure Rules.
Discusses how, in keeping with the comprehensive revision of the manner in which civil litigation is pursued in the Eastern Caribbean.
The challenges facing litigants who seek access to exculpatory evidence in parallel DOJ and SEC investigations.
Putting ESG and arbitration in a global context.
The significant impacts of the United States-Mexico-Canada Agreement (USMCA) on Mexico’s energy sector.
Notable judicial opinions issued by the Supreme People’s Court of China in relation to priority payment rights in construction projects.
Examine misrepresentation by omission in Canada, the challenges to prove it, and two recent, relevant court decisions.
How a private investigator can serve as an asset in business litigation.
The background behind the traditional distinction between contractual penalties, liquidated damages and punitive damages under South Korean law.
What is meant by the term “punitive damages” in Mexico, and how and when it can be applied in practice.
Explores the questions litigation funders ask when selecting cases and provides some key pointers for those looking to attract such funding.
Examining the circumstances in which it would be preferable for a foreign party to consider suing first in China.
Discuss a judgment of the Supreme Court of India relating to which law prevailed at a time when two enactments in the same sphere coexisted.
Recent decisions from EU and US courts on the enforceability of arbitration clauses in bilateral investment treaties within the EU.
The recent judgment relating to litigation concerning of Google Play Store in India.
Bahamian court case where the open justice principle clashed with privacy concerns in a trust dispute involving the Sandals Group founder's family.
How liquidated damages in construction contracts are treated differently under English and Korean law?
The advantages and disadvantages of opting for DIFC courts or DIAC arbitration makes clear.
How the boom in special purpose acquisition companies is affecting the Cayman Islands and the potential for disputes..
Exploring the legal basis of the application of the “group of companies doctrine” in India.
Considering a recent court decision with implications for jurisdictional challenges in group litigation and incorporation of arbitration clauses in online contracts.
Litigation in the Netherlands, and how disputes are managed from a legal perspective.
The importance of including a well-drafted arbitration clause in commercial contracts.
In the Indian tax litigation landscape, transfer pricing has always been a contentious issue.
The key arguments for and against the proposed disclosure of litigation funding and discuss the potential impact of this trend on high-stakes commercial litigation in the future.
Kyriacos Scordis and Alexandros Gavrielides of Scordis, Papapetrou & Co LLC discuss the case of N* and others v F* and others, where the firm acted for the claimant, and the novel and interesting question of what happens when an arbitral award provides for an unworkable enforcement mechanism nobody asked for.
Exploring the role of the Superior Court of Justice in handling special appeals, particularly those designated as “repetitive appeals”.
A troubling 6/5 ruling from the South African Constitutional Court.
The range of limitation periods across major jurisdictions and related enforcement challenges in the UAE.
Examining a recent judgment by the Grand Court of the Cayman Islands on the standing of notedholders.
Does recognition of foreign liquidations in Singapore require a company to be in financial distress
The Supreme Court case of Nelson v Colorado and its implications for wrongfully convicted defendants’ recovery of restitution.
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The US courts’ inconsistency in allowing securities claims to proceed based on beliefs or opinions.
Examining key appeal decisions and points of law regarding the arbitration of disputes in Canada.
Developments in investor-state mediation on the global stage and the challenges it presents.
