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Results: 1-10 of 15

Unilateral jurisdiction clauses may not always be effective

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 12 2013

Dispute resolution clauses that give one party the right to choose where disputes will be resolved are not uncommon, particularly in finance

General counsel update - 27 September 2012

  • Herbert Smith Freehills LLP
  • -
  • Indonesia, Myanmar, Spain, United Kingdom
  • -
  • September 27 2012

This is the 31st in our series of general counsel updates which aim to summarise major developments in key areas

Court grants stay of proceedings where arbitration option exercised in related finance contract

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 24 2011

In Deutsche Bank v Tongkah Harbour, the UK Commercial Court was asked to consider a suite of contracts dealing with the financing of a gold exploration and mining business

Dispute resolution clauses lessons to be learnt from recent case law

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 1 2011

Complex transactions will often consist of a number of separate agreements often containing differing dispute resolution clauses

Court of Appeal upholds anti-suit injunction against a non-party to an arbitration clause

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • June 22 2012

In Joint Stock Asset Management Company Ingosstrakh Investments v BNP Paribas SA 2012 EWCA Civ 644 the Court of Appeal has upheld an anti-suit injunction against a non-party to an arbitration clause on the grounds that Russian proceedings being pursued by that non-party were vexatious and oppressive

Update on ADR in Japan’s financial services sector

  • Herbert Smith Freehills LLP
  • -
  • Japan
  • -
  • October 8 2012

Our previous post reported on the “Law Concerning the Promotion of the Use of Alternative Dispute Resolution Procedures” (the “ADR Promotion Law”), which came into effect on 1 April 2007

Review of 2009 and preview of 2010

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • January 15 2010

The transition from 2009 to 2010 sees some significant legislative chapters closing, notably the Companies Act 2006, Rome I and II, the Banking Act 2009 and the Lisbon Treaty

ADR for financial sector retail to start soon, but it is still flawed

  • Herbert Smith Freehills LLP
  • -
  • Japan
  • -
  • November 16 2009

Inadequate protection and redress for financial sector retail consumers is, in the eyes of Japan's Financial Services Agency ("FSA"), a barrier to the development of Japan's capital markets and domestic trust in those capital markets

Creation of ADR framework for financial services in Japan

  • Herbert Smith Freehills LLP
  • -
  • Japan
  • -
  • February 25 2010

"The Law Concerning the Promotion of the Use of Alternative Dispute Resolution Procedures" (the "ADR Promotion Law") was promulgated on 1 December 2004 and came into effect on 1 April 2007

General counsel update: 28 February 2012

  • Herbert Smith Freehills LLP
  • -
  • European Union, Hong Kong, Spain, United Kingdom
  • -
  • February 28 2012

This is the twenty-eighth in our series of General Counsel Updates which aim to summarise major developments in key areas

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