Arbitration & Litigation Tutorial. Assistant Professor Monika Prusinowska Winter term 2015/2016
|
|
- Maryann Jasmin Pitts
- 5 years ago
- Views:
Transcription
1 Arbitration & Litigation Tutorial Assistant Professor Monika Prusinowska Winter term 2015/2016
2 Drafting Arbitration Clause
3 Why is arbitration clause called sometimes the midnight clause? What does the term severability of arbitration clause mean? What is the meaning of the seat of arbitration?
4 The seat of arbitration is the jurisdiction where the international arbitration has its home. It provides the national arbitration legislation applicable to arbitration for some procedural issues, such as: Rules of involvement of courts (f.e.: evidence taking), Rules for ANNULEMENT of the award, Application of the New York Convention award etc. Enforcement: Parties want money not a piece of paper
5 Signatories of the NYC (in blue)
6 What are the critical elements of arbitration clause?
7 Agreement to arbitrate Scope of disputes submitted to arbitration Arbitration seat Institutional arbitration rules Arbitrators number, qualification and selection Language of arbitration Choice of law clauses
8
9 Sample clauses "Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. *The law of this arbitration clause shall be... (Hong Kong law). The seat of arbitration shall be...(hong Kong). **The number of arbitrators shall be... (one or three). The arbitration proceedings shall be conducted in...(language). *Optional. **Optional
10 What are the common mistakes made when drafting arbitration clauses?
11 What are the problems with the following clauses/fragments of clauses? Any dispute of whatever nature arising out of or in any way relating to the Agreement or to its construction or fulfillments may be referred to arbitration.
12 Parties shall appoint a Chinese speaking Arbitrator with a French law degree and a familiarity with Mid-East construction contracts.
13 Disputes shall be submitted to arbitration according to the Rules of Conciliation and Arbitration of the ICC; disputes which may be resolved by conciliation shall be submitted first to conciliation.
14 All disputes arising out of the bankruptcy proceedings connected to the Magnum JV will be resolved by the CIETAC Arbitration Commission in accordance with CIETAC 2015 Rules. The law applicable to the substance of the dispute will be US and Chinese law.
15 CASE: Company A is a big steel producer from China, Company B is a big car manufacturer from France. Companies A and B conclude the contract of purchase of 200 metric tons of steel. As for the dispute resolution method, arbitration was chosen. Being divided into 2 groups of lawyers, on behalf of Companies A and B, negotiate the arbitration clause to be put into the purchase contract. What are the essential elements you need to take into consideration? Negotiate and draft the arbitration clause for this contract.
16 ADR methods
17 What kind of ADR mechanisms do you know? What are the motivations to use ADR? What are the benefits and drawbacks of ADR as compared to litigation? What are the advantages and disadvantages of particular methods? What are the differences between arbitration and mediation? What is the binding power of the decisions made within specific ADR methods?
18
19 Arbitration (+ Final-Offer Arbitration) Neutral evaluation Mediation/ Conciliation/ Negotiation Expert Determination Mini-trials
20 CASE: See the various dispute scenarios below and think about the most efficient way of solving particular disputes. What does the selection of particular ADR method depend on?
21 Dispute between the tenant and landlord over the flat rented (leaking water machine pipe destroyed the parquet).
22 Dispute over the efficiency of two technical solutions proposed for the machine produced by the JV company (two parties to the JV have various views on what technical solution will be the most efficient for improving the quality of airbag gluing in a newly produced car).
23 Dispute between the member of the residual community over the use of funds collected for the construction of the playground.
24 Dispute over IP law rights related to the technology transfer agreement.
25 Dispute within the JV company involving the trade secrets.
26 Dispute between the brothers over inheritance of the family jewelry.
27 Med-arb usually refers to a process where mediation and arbitration are combined. For example, the parties may start arbitrating a dispute and then agree to attempt mediation. Or they may commence mediation and then when they are unable to reach agreement they can agree to arbitrate (i.e. arbmed). What is unusual about this is that the same person may act as both mediator and arbitrator. In China this practice is relatively common, however, in western jurisdictions this practice is often viewed with concern. What advantages and disadvantages of such a method can you think of?
28 Additional question 1) What do you think is the most efficient way of solving the disputes between investors and hosting states? Why? 2) Why do you think TPP dispute resolution mechanism proposals are controversial and involve numerous discussions?
29 THANK YOU!
Arbitration & Litigation Tutorial. Assistant Professor Monika Prusinowska Winter term 2014/2015
Arbitration & Litigation Tutorial Assistant Professor Monika Prusinowska Winter term 2014/2015 Drafting Arbitration Clause Why is arbitration clause called sometimes the midnight clause? What does the
More informationIMechE Seminar Arbitration & Engineering
IMechE Seminar Arbitration & Engineering Presented by Man Sing Yeung FHKIS, FRICS, FCIArb Chartered Arbitrator Accredited Mediator/Adjudicator, Solicitor, Partner of Li & Partners Arbitration & Engineering
More informationSAMPLE ARBITRATION CLAUSES BY COUNTRY
SAMPLE ARBITRATION CLAUSES BY COUNTRY AUSTRALIA... 2 Australian Centre for International Commercial Arbitration Clause... 2 Institute of Arbitrators & Mediators Australia Commercial Arbitration Clause...
More informationJuliette Luycks. Key Considerations Sample Arbitration Clauses Pathological Clause Model Clauses
International Commercial Arbitration seminar Juliette Luycks São Tomé and Príncipe 4 6 October 2011 Overview Key Considerations Sample Arbitration Clauses Pathological Clause Model Clauses Check List Elements
More informationADR Systems Model Clause Language Effective October 16, Introduction: Model Alternative Dispute Resolution Clauses for Commercial Contracts
ADR Systems Model Clause Language Effective October 16, 2015 Introduction: Model Alternative Dispute Resolution Clauses for Commercial Contracts Conflict is inevitable. Even under the best of circumstances,
More informationJapan Arbitration Update: New JCAA Rules Comparison of Key Asian Arbitral Institutions
Japan Arbitration Update: New JCAA Rules Comparison of Key Asian Arbitral Institutions INTRODUCTION As we reported recently, the published new Commercial Arbitration Rules earlier this year. The new JCAA
More informationA guide to civil litigation and arbitration in Hong Kong, from a Mainland perspective
A guide to litigation and arbitration in Hong Kong October 12014 A guide to civil litigation and arbitration in Hong Kong, from a Mainland perspective 1. Brief description of the civil litigation process
More informationArbitration Agreement
Arbitration Agreement (Domestic & International Arbitrations) Written By S. Ravi Shankar Advocate on Record Supreme Court of India Senior Partner - Law Senate Law Firm National President - Arbitration
More informationNOTICE OF ARBITRATION
IN THE MATTER OF AN ARBITRATION UNDER THE HONK KONG INTERNATIONAL ARBITRATION CENTRE ADMINISTERED ARBITRATION RULES BETWEEN: [NAME OF CLAIMANT] (CLAIMANT) -AND- [NAME OF RESPONDENT] (RESPONDENT) NOTICE
More informationANSWER TO THE NOTICE OF ARBITRATION [NOTE: OR ANSWER TO THE NOTICE OF ARBITRATION AND COUNTERCLAIMS, IF
ARBITRATION NO. [INSERT CASE NUMBER AS PROVIDED BY THE HKIAC] IN THE MATTER OF AN ARBITRATION UNDER THE HONK KONG INTERNATIONAL ARBITRATION CENTRE ADMINISTERED ARBITRATION RULES BETWEEN: [NAME OF CLAIMANT]
More informationChapter 4 Drafting the Arbitration Agreement
Chapter 4 Drafting the Arbitration Agreement 4:1 Introduction 4:2 Initial Questions 4:3 Checklists 4:3.1 Checklist for Domestic Arbitrations 4:3.2 Checklist for International Arbitrations 4:4 Domestic
More informationWorld Intellectual Property Organization
WIPO Special Update on WIPO Alternative Dispute Resolution GRUR Annual Meeting Hamburg September 27-30, 2017 Erik Wilbers, WIPO Arbitration and Mediation Center World Intellectual Property Organization
More informationMEMORANDUM FOR RESPONDENT
THE INTERNATIONAL ADR MOOTING COMPETITION HONGKONG 2012 MEMORANDUM FOR RESPONDENT TEAM NUMBER 005 TABLE OF CONTENT LIST OF ABBREVIATIONS... 4 INDEX OF AUTHORITIES... 6 1. Treaties, Conventions, Laws and
More informationArbitration rules. International Chamber of Commerce. The world business organization
Arbitration and adr rules International Chamber of Commerce The world business organization International Chamber of Commerce (ICC) 38, Cours Albert 1er, 75008 Paris, France www.iccwbo.org ICC 2001, 2011
More informationADR in FIDIC Contracts and the Cyprus perspective
ADR in FIDIC Contracts and the Cyprus perspective Alternative Dispute Resolution (ADR) in the Construction Industry: History Advantages and Disadvantages 1 Eur. Ing. Platonas Stylianou B.Eng. (Hons), MSc,
More informationThought on Developing Convention on Enforceability of Settlement. Agreements Reached Through Conciliation
Thought on Developing Convention on Enforceability of Settlement Agreements Reached Through Conciliation Audry Hong Li, Partner of Zhong Lun Law Firm * The UN Commission on International Trade Law ( UNCITRAL
More informationResolving IT Disputes by Arbitration
Resolving IT Disputes by Arbitration SiTF Seminar Singapore August 31, 2015 Richard Tan, Arbitrator; Chairman, Chartered Institute of Arbitrators, Singapore Erik Wilbers, Director, WIPO Arbitration and
More informationArbitration Law of Canada: Practice and Procedure
Arbitration Law of Canada: Practice and Procedure Third Edition J. Brian Casey JURIS Questions About This Publication For assistance with shipments, billing or other customer service matters, please call
More informationThematic Session on "Legal Risk Management: Key to International Trade and Investment" Session 1: International Dispute Resolution Mechanism
Thematic Session on "Legal Risk Management: Key to International Trade and Investment" Session 1: International Dispute Resolution Mechanism Copyright 2017 The Law Society of Hong Kong. All Rights Reserved.
More informationInterim measures in support of commercial arbitration in China 1
Interim measures in support of commercial arbitration in China 1 Arthur X. Dong In China, arbitral tribunals do not have the power to implement interim protection measures, regardless of the institutional
More informationWIPO Arbitration and Mediation Center
WIPO ADR Procedures for the Resolution of EDV-Related Disputes: An Informal Exploration Erik Wilbers WIPO Arbitration and Mediation Center WIPO Arbitration and Mediation Center 2 Offices in Geneva and
More informationARBITRATION RULES MEDIATION RULES
ARBITRATION RULES MEDIATION RULES International Chamber of Commerce (ICC) 33-43 avenue du Président Wilson 75116 Paris, France www.iccwbo.org Copyright 2011, 2013 International Chamber of Commerce (ICC)
More informationMulti-Tier Dispute Resolution Clauses Definition and Examples
! Multi-Tier Dispute Resolution Clauses Definition and Examples ASA Conference of September 15, 2017 Henry Peter Stefanie Pfisterer Overview of Bundle I. Examples of Multi-Tier Dispute Resolution Clauses...
More informationTHE SUPPLEMENTAL RULES (IN EFFECT AS OF 31 JULY 2015)
THE ASIAN DOMAIN NAME DISPUTE RESOLUTION CENTRE SUPPLEMENTAL RULES TO THE INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS (ICANN) UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY AND THE RULES FOR THE
More informationAlternative Dispute Resolution in Intellectual Property Disputes
Alternative Dispute Resolution in Intellectual Property Disputes September 14, 2006 Cheryl H. Agris Ignacio de Castro Peter L. Michaelson WIPO Arbitration and Mediation Center 1 Overview WIPO ARBITRATION
More informationADR INSTITUTE OF CANADA, INC. ADRIC ARBITRATION RULES I. MODEL DISPUTE RESOLUTION CLAUSE
ADR INSTITUTE OF CANADA, INC. ADRIC ARBITRATION RULES I. MODEL DISPUTE RESOLUTION CLAUSE Parties who agree to arbitrate under the Rules may use the following clause in their agreement: ADRIC Arbitration
More informationADR in P.R. China. Zheng Rungao
ADR in P.R. China Zheng Rungao This article is to provide a very brief introduction to the development of Alternative Dispute Resolution (ADR) in China. The principal focus of it is the definition and
More information1) ICC ADR proceedings are flexible and party-controlled to the greatest extent possible.
Guide to ICC ADR Contents Part 1: Introduction... 1 Characteristics of ICC ADR... 1 Overview of the Rules... 2 Part 2: Analysis of the ICC ADR Rules... 3 Preamble... 3 Article 1: Scope of the ICC ADR Rules...
More informationGiven the ongoing changes in accounting, Alternative Dispute Resolution for Accounting and Related Services Disputes DEPT
Alternative Dispute Resolution for Accounting and Related Services Disputes By Vincent J. Love and Thomas R. Manisero Given the ongoing changes in accounting, auditing, tax and consulting standards; the
More informationMEMORANDUM FOR RESPONDENT
SECOND ANNUAL INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION MOOT COMPETITION MEMORANDUM FOR RESPONDENT On behalf of: Freud Exporting Corporation Against: Peng Importing Corporation TEAM NO. 391 TABLE OF
More informationNotes. Can a Mediated Settlement Become an Enforceable Arbitration Award?
Notes Can a Mediated Settlement Become an Enforceable Arbitration Award? THE MEDIATION Institute of the Stockholm Chamber of Commerce has recently adopted a new set of Rules. 1 Article 12 of these Rules
More informationLeveraging on Hong Kong s Cooperative Arrangements with Mainland China
Leveraging on Hong Kong s Cooperative Arrangements with Mainland China SCG Legal International Meeting in Hong Kong 15 May 2014 Frank Poon Solicitor General Hong Kong SAR Government #404654 Introduction
More informationHONG KONG (Updated January 2018)
Arbitration Guide IBA Arbitration Committee HONG KONG (Updated January 2018) Glenn Haley Haley Ho & Partners in Association with Berwin Leighton Paisner (HK) 25 th Floor, Dorset House Taikoo Place, 979
More informationBY S.S. NAGANAND B.COM, LL.B, A.C.A SENIOR ADVOCATE
BY S.S. NAGANAND B.COM, LL.B, A.C.A SENIOR ADVOCATE Arbitration means any arbitration whether or not administered by permanent arbitral institution; Arbitration Agreement means an agreement referred to
More informationThis Webcast Will Begin Shortly
This Webcast Will Begin Shortly If you have any technical problems with the Webcast or the streaming audio, please contact us via email at: webcast@acc.com Thank You! 1 WHEN SILENCE ISN T GOLDEN: DRAFTING
More informationWIPO ARBITRATION AND MEDIATION CENTER
WIPO ARBITRATION AND MEDIATION CENTER Dispute Resolution for the 21 st Century http://www.wipo.int/amc The WIPO Arbitration and Mediation Center Based in Geneva, Switzerland, the WIPO Arbitration and Mediation
More informationINTERNATIONAL ARBITRATION QUARTERLY
International Arbitration June 2012 INTERNATIONAL ARBITRATION QUARTERLY The new CIETAC Arbitration Rules 2012: implications for arbitrations in the PRC China International Economic and Trade Arbitration
More informationICC and CIETAC Arbitration Practice Comparison Case Study Note 1
ICC and CIETAC Arbitration Practice Comparison Case Study Note 1 Wantao Yang One of the most important negotiated points by parties in contract negotiations is the dispute resolution clause. If parties
More informationValidity of Arbitration Agreements under Chinese Arbitration Law
Validity of Arbitration Agreements under Chinese Arbitration Law Sik Kwan Tai Arbitration clauses may be found in bills of ladings or charterparties. Is the following arbitration clause a valid arbitration
More informationto provide for alternate dispute resolution WHEREAS State is required to ensure inexpensive and expeditious justice;
A BILL to provide for alternate dispute resolution WHEREAS State is required to ensure inexpensive and expeditious justice; AND WHEREAS an alternate dispute resolution system can facilitate settlement
More informationArbitration is a process in which each side presents its case at a hearing to a neutral for a final and binding decision.
Real Estate Industry Arbitration RULES (Including a Mediation Alternative) As Amended and Effective July 1, 2003. Resolving Real Estate Disputes Real estate disputes may be submitted to a special program
More informationCo-authored by: Christina Hioureas Nicolas Tsardellis Argyro Angastinioti
International Mediation and Conciliation in Cyprus and the Implications of the New Convention on the Enforcement of Settlement Agreements Achieved Through International Mediation Co-authored by: Christina
More informationMediation/Arbitration of
Mediation/Arbitration of Intellectual Property Disputes FICPI 12th Open Forum Munich September 8-11, 2010 Erik Wilbers WIPO Arbitration and Mediation Center WIPO Arbitration and Mediation Center 2 International
More informationU.S. Mediation Qualification Training. Course Review
U.S. Mediation Qualification Training Course Review Chapter 1: Conflicts and Dispute Resolution Introduction to Conflict The Dynamics of Conflict The Conflict Spiral Dispute Resolution Methods The Common
More informationAlternative Dispute Resolution in England and Wales
Alternative Dispute Resolution in England and Wales October 2017 Contents Introduction 1 Support for ADR 2 Main features of ADR 4 Mediation 5 Other types of ADR 6 Timing 8 Cases suitable for ADR 9 Conclusion
More informationMEMORANDUM FOR RESPONDENT
THE INTERNATIONAL ADR MOOTING COMPETITION HONG KONG - AUGUST 2011 MEMORANDUM FOR RESPONDENT Team Number: 180 TABLE OF CONTENTS INDEX OF ABBREVIATIONS...ii INDEX OF AUTHORITIES... 1 INDEX OF CASES AND AWARDS...
More informationDispute Resolution Service. Guide to Arbitration Clauses
Dispute Resolution Service Guide to Arbitration Clauses NOTES B AHLA Dispute Resolution Service INTRODUCTION This guide does not provide legal advice and is not a substitute for such advice. Federal and
More informationTHIRD ANNUAL THE INTERNATIONAL (ADR) ALTERNATIVE DISPUTE RESOLUTION MOOTING COMPETITION MEMORANDUM FOR RESPONDENT
THIRD ANNUAL THE INTERNATIONAL (ADR) ALTERNATIVE DISPUTE RESOLUTION MOOTING COMPETITION MEMORANDUM FOR RESPONDENT On behalf of: Against: Chan Manufacturing Longo Imports PO Box 111 PO Box 234 Cadenza Minuet
More informationMODEL CLAUSES FOR ALTERNATIVE DISPUTE RESOLUTION
1 Background MODEL CLAUSES FOR ALTERNATIVE DISPUTE RESOLUTION This paper and the clauses that are set out below form a companion-piece to the chapter entitled Alternative Dispute Resolution Clauses in
More informationFIDIC SUITE OF CONTRACTS 2017 NEW DISPUTE RESOLUTION REGIMES 21 March 2018
FIDIC SUITE OF CONTRACTS 2017 NEW DISPUTE RESOLUTION REGIMES 21 March 2018 Paula Boast, Partner, Head of Construction Engineering & Projects Middle East 3 rd INTERNATIONAL ARBITRATION CONFERENCE ARBITRATION
More informationConstruction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Construction Disputes)
Construction Industry Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Construction Disputes) Rules Amended and Effective October 1, 2009 Fee Schedule Amended and Effective
More informationI Won t See You in Court: Arbitration Options for Hospitals
I Won t See You in Court: Arbitration Options for Hospitals Presented by Martin L. Fineman & Gabrielle Goldstein September 16, 2010 Today s Speakers Gabrielle B. Goldstein Counsels health care providers,
More informationFact Sheet Alternative Dispute Resolution (ADR) mechanisms
www.iprhelpdesk.eu European IPR Helpdesk Fact Sheet Alternative Dispute Resolution (ADR) mechanisms This fact sheet has been developed in cooperation with Update - November 2014 1 Introduction... 1 1 IP
More informationMEMORANDA for RESPONDENT TEAM 017
THIRD ANNUAL INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION MOOT COMPETITION MEMORANDUM FOR RESPONDENT TEAM 017 RESPONDENT CLAIMANT Chan Manufacturing Cadenza Chan Longo Imports Minuet Longo 1 CONTENTS AUTHORITIES...
More informationWhat Constitutes a Supplementary Award of CIETAC Arbitration? A Recent Interpretation by a Hong Kong Court
What Constitutes a Supplementary Award of CIETAC Arbitration? A Recent Interpretation by a Hong Kong Court Steven Wei SU* In an action brought before the Court of First Instance of High Court of Hong Kong
More informationVorlesung / Course Einführung in die Rechtsvergleichung Introduction to Comparative Law
Prof. Dr. Alexander Trunk Vorlesung / Course Einführung in die Rechtsvergleichung Introduction to Comparative Law Winter term (WS) 2015-2016 http://eastlaw.uni-kiel.de 20.10.2015: Basic questions and structures
More informationGeneral Contract Clauses: Alternative Dispute Resolution (Multi-Tiered) (TN)
Resource ID: w-008-4072 General Contract Clauses: Alternative Dispute Resolution (Multi-Tiered) (TN) PRACTICAL LAW COMMERCIAL TRANSACTIONS, WITH MATTHEW MULQUEEN AND NICK MARGELLO, BAKER, DONELSON, BEARMAN,
More informationGuidelines on Evidence
China International Economic and Trade Arbitration Commission Guidelines on Evidence Preamble The China International Economic and Trade Arbitration Commission ( CIETAC ) adopts these Guidelines on Evidence
More informationHong Kong International Arbitration Centre ADJUDICATION RULES
Hong Kong International Arbitration Centre ADJUDICATION RULES Table of Contents Contents Page No. 1. Introductory Notes. P.3 2. Section I Object and Administration of Adjudication.. P.4 3. Section II The
More informationMEMORANDUM FOR RESPONDENT
THIRD ANNUAL INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION MOOTING COMPETITION MEMORANDUM FOR RESPONDENT Team Number:016 On Behalf of Chan Manufacturing Cadenza RESPONDENT Against Longo Imports Minuet CLAIMANT
More informationDispute Resolution in Romania - Before and After Accession to the European Union
International In-house Counsel Journal Vol. 2, No. 6, Winter 2009, 935 939 Dispute Resolution in Romania - Before and After Accession to the European Union ANDREEA CHIRITA Legal Counsel, Ministry of Economy
More informationCONTRACT CONSIDERATIONS WHEN DEALING WITH FOREIGN ENTITIES PRESENTED TO ASSOCIATION OF CORPORATE COUNSEL. Presenters. Christy L.
CONTRACT CONSIDERATIONS WHEN DEALING WITH FOREIGN ENTITIES PRESENTED TO DECEMBER 14, 2016 Presenters David J. Garrett Special Counsel Christy L. Myatt Member Peter A. Santos Member Practice Area: Immigration
More informationMemorandum for Claimant Team 001
IN THE MATTER OF AN ARBITRATION BETWEEN LONGO IMPORTS, AND CHAN MANUFACTURING ON CONTRACT FOR THE INTERNATIONAL SALE OF MOTORIZED VEHICLES (the SALES CONTRACT ) -and- THE CHINA INTERNATIONAL ECONOMIC AND
More informationSUGGESTED CONTRACT LANGUAGE For CONSTRUCTION-RELATED CONTRACTS AND AGREEMENTS
RESOLUTION SERVICES PO Box 8029 Santa Fe, NM 87504 CONSTRUCTION SERVICES, LLC Special i zing in Medi at ion & Ar bit r at ion New Mexico: 505-473-7733 Fax Phone: 505-474-9061 Out of State: 888-930-0011
More informationMEMORANDUM FOR RESPONDENT
THE INTERNATIONAL ADR MOOTING COMPETITION HONG KONG AUGUST 2012 MEMORANDUM FOR RESPONDENT TEAM CODE: 013 On Behalf Of: CHAN MANUFACTURING Against: LONGO IMPORTS TABLE OF CONTENTS INDEX OF ABBREVIATIONS...
More informationALTERNATIVE DISPUTE RESOLUTION INFORMATION PACKAGE Effective July 2, Instructions to Plaintiff / Cross-Complainant
ALTERNATIVE DISPUTE RESOLUTION INFORMATION PACKAGE Effective July 2, 2001 Instructions to Plaintiff / Cross-Complainant In all general civil cases filed in the trial courts after June 30, 2001, the plaintiff
More informationMEMORANDUM FOR RESPONDENT
THIRD ANNUAL INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION MOOT COMPETITION MEMORANDUM FOR RESPONDENT Team number: 014 TABLE OF CONTENTS TABLE OF AUTHORITIES... iii 1. THE TRIBUNAL DOES NOT HAVE JURISDICTION
More informationArbitration Clauses: Who, What, When, Where, Why & How?
Arbitration Clauses: Who, What, When, Where, Why & How? Foley Hoag Webinar November 1, 2017 Proposal or event name (optional) 2015 2017 Foley Hoag LLP. All Rights Reserved. 1 Speakers John A. Shope Partner,
More informationUNIFORM ACT ON ARBITRATION WITHIN THE FRAMEWORK OF THE OHADA TREATY
UNIFORM ACT ON ARBITRATION WITHIN THE FRAMEWORK OF THE OHADA TREATY The Council of Ministers of the Organisation for the Harmonization of Business Law in Africa (OHADA), Mindful of the treaty on the Harmonization
More informationThe New Conflict Rules of Arbitration Agreements in China: The Old Wine in the New Bottle
25 The New Conflict Rules of Arbitration Agreements in China: The Old Wine in the New Bottle Weidong ZHU * Chinese Academy of Social Sciences, China Email: zwdong72@aliyun.com Abstract: Before the enactment
More informationIMPRESS CIArb Arbitration Scheme Guidance
IMPRESS CIArb Arbitration Scheme Guidance What is the IMPRESS/CIArb Arbitration Scheme? IMPRESS and the Chartered Institute of Arbitrators (CIArb) have developed an Arbitration Scheme, as a means of resolving
More informationThe World Intellectual Property Organization
The World Intellectual Property Organization The World Intellectual Property Organization is an international organization dedicated to ensuring that the rights of creators and owners of intellectual property
More informationAPPENDIX 21 RESIDUAL SECURITIES TRUST DEED
APPENDIX 21 RESIDUAL SECURITIES TRUST DEED - 144 - FORM OF RESIDUAL SECURITIES TRUST DEED THIS DEED OF TRUST (this Deed ) is made by way of deed poll on [ ] by: (1) EXETER GROUP LIMITED (d/b/a/ LYNCHPIN
More informationPacific Chambers 901 Dina House 11 Duddell Street, Central, Hong Kong T: (852) F: (852) E:
Belt and Road Summit Hong Kong as the Deal Maker and Dispute Resolver : Maritime Dispute Resolution Hong Kong 28 June 2018 MARY THOMSON Chartered Arbitrator, Mediator, Adjudicator, Barrister & Former Solicitor
More information5 TH INTERNATIONAL ADR MOOTING COMPETITION
5 TH INTERNATIONAL ADR MOOTING COMPETITION 28 JULY-02 AUGUST 2014 HONG KONG Before China International Economic and Trade Arbitration Commission (CIETAC), for Arbitration between CLAIMANTS Conglomerated
More informationFILED: NEW YORK COUNTY CLERK 10/09/ :52 PM INDEX NO /2015 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 10/09/2015
FILED NEW YORK COUNTY CLERK 10/09/2015 0252 PM INDEX NO. 652260/2015 NYSCEF DOC. NO. 69 RECEIVED NYSCEF 10/09/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MANHATTAN ----------------------------------------------------------x
More informationEXECUTION FOR ARBITRATION AWARD AND INSOLVENCY PROCEEDINGS BETWEEN INDONESIA AND HONG KONG COMPANY
EXECUTION FOR ARBITRATION AWARD AND INSOLVENCY PROCEEDINGS BETWEEN INDONESIA AND HONG KONG COMPANY Contributor by AMO Lawyers Written & Drafted by Reviewed by : Wulan Prameswari, S.H and Marco Kumar, S.H
More informationThe Changing Landscape of Construction Dispute Resolution in Hong Kong: Opportunities for QS?
The Changing Landscape of Construction Dispute Resolution in Hong Kong: Opportunities for QS? Christopher To Executive Director, Construction Industry Council 14 November 2015 Hong Kong s Construction
More informationSettling in Mexico: The New Mexican Mediation Law
September, 2017 USMBA Conference Updating the U.S.-Mexico Partnership: Where to go from here? Settling in Mexico: The New Mexican Mediation Law By Antonio M. Prida President of the ICC Mexico Mediation
More informationGeneral Assembly. United Nations A/CN.9/WG.II/WP.188
United Nations A/CN.9/WG.II/WP.188 General Assembly Distr.: Limited 23 December 2014 Original: English/French United Nations Commission on International Trade Law Working Group II (Arbitration and Conciliation)
More informationDispute Resolution Around the World. Italy
Dispute Resolution Around the World Italy 2011 Dispute Resolution Around the World Italy Dispute Resolution Around the World Italy Table of Contents 1. Legal System... 1 2. Courts... 1 3. Legal Profession...
More informationMARYLAND RULES OF PROCEDURE TITLE 17 ALTERNATIVE DISPUTE RESOLUTION CHAPTER 100 GENERAL PROVISIONS
TITLE 17 ALTERNATIVE DISPUTE RESOLUTION CHAPTER 100 GENERAL PROVISIONS AMEND Rule 17-101 to correct a Committee note and to add section (e) pertaining to the applicability of Chapter 400, as follows: Rule
More informationFUNNY SHOPPER SUPERMARKET CASHIER SET ITEM NO.: ,
Report No.: Q00254160a 001 Page 1 of 4 Client: Test item(s): Identification/ Model No(s): SIMBA TOYS GMBH & CO. KG Werkstraße 1, D-90765 Fürth, Germany Packaging Sample Receiving date: 2013-07-26 Testing
More informationJAMS International Arbitration Rules & Procedures
JAMS International Arbitration Rules & Procedures Effective September 1, 2016 JAMS INTERNATIONAL ARBITRATION RULES JAMS International and JAMS provide arbitration and mediation services from Resolution
More informationThe learner can: 1.1 Distinguish between the civil and criminal jurisdiction. 1.2 Explain the scope of civil litigation.
Unit 9 Title: Civil Litigation Level: 3 Credit Value: 7 Learning outcomes The learner will: 1 Understand the context of civil litigation within the English and Welsh legal system Assessment criteria The
More informationAlternative Way to Deal with Patent Litigation in China. Christopher Shaowei NTD Intellectual Property Attorneys Prepared for China PI Held in Paris
Alternative Way to Deal with Patent Litigation in China Christopher Shaowei NTD Intellectual Property Attorneys Prepared for China PI Held in Paris Exciting Figures in 2016 404,208: Invention Patents Granted
More informationLIMITED WARRANTY. Models: CTK01, CTK02, CTK03, CTK04
LIMITED WARRANTY Who Is Providing The Warranty? This warranty is provided to you by Daikin Company, L.P. ( Daikin ), which warrants all parts of this thermostat ( control ), as described below. To What
More informationRecent Rule Changes in International Arbitration: Key Lessons for Practitioners
Recent Rule Changes in International Arbitration: Key Lessons for Practitioners Steven K. Andersen Vice President American Arbitration Association & International Centre for Dispute Resolution James R.
More informationContract Disputes Act of 1978 (Federal Acquisition Regulation - Subpart 33.2)
Appendix 1 - Contract Disputes Act of 1978/FAR 33.2 Contract Disputes Act of 1978 (Federal Acquisition Regulation - Subpart 33.2) This appendix contains the complete SUBPART 33.2-DISPUTES AND APPEALS of
More informationA practical guide, with ICC model contracts
THIRD EDITION Drafting and Negotiating International Commercial Contracts A practical guide, with ICC model contracts by Fabio Bortolotti Drafting and Negotiating International Commercial Contracts A practical
More informationADR CODE OF PROCEDURE
Last Revised 12/1/2006 ADR CODE OF PROCEDURE Rules & Procedures for Arbitration RULE 1: SCOPE OF RULES A. The arbitration Rules and Procedures ( Rules ) govern binding arbitration of disputes or claims
More informationREQUEST FOR ARBITRATION
IN THE MATTER OF AN ARBITRATION UNDER THE RULES OF THE INTERNATIONAL COURT OF ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE BETWEEN: [NAME OF CLAIMANT] (CLAIMANT) -AND- [NAME OF RESPONDENT] (RESPONDENT)
More informationSome Remarks on the UNCITRAL Model Law on International Commercial Conciliation
Some Remarks on the UNCITRAL Model Law on International Commercial Conciliation José Maria Abascal Zamora (*) I. Introduction In this paper I will make a few reflections on the purposes of the making of
More informationFOREIGN TRADE ARBITRATION LAW. Chapter I General provisions
Article 1. Purpose of the Law FOREIGN TRADE ARBITRATION LAW Chapter I General provisions The purpose of this Law is to regulate relations pertaining to arbitral proceedings of suits brought by a citizen
More informationJUDICIAL REVIEW. In Marbury v. Madison (1803), arguably the most significant case in American constitutional law, the U.S. Supreme Court opined:
JUDICIAL REVIEW Judicial Review: The process by which a court decides the constitutionality of legislative enactments and actions by the executive branch. While the U.S. Constitution makes no mention of
More informationMay 7, Dear Ms. England:
May 7, 1999 Katherine A. England Assistant Director Division of Market Regulation Securities and Exchange Commission 450 Fifth Street, N.W. Washington, D.C. 20549 Mail Stop 10-1 Re: File No. SR-NASD-99-08
More informationSTREAMLINED JAMS STREAMLINED ARBITRATION RULES & PROCEDURES
JAMS STREAMLINED ARBITRATION RULES & PROCEDURES Effective JULY 15, 2009 STREAMLINED JAMS STREAMLINED ARBITRATION RULES & PROCEDURES JAMS provides arbitration and mediation services from Resolution Centers
More informationThis Webcast Will Begin Shortly
This Webcast Will Begin Shortly If you have any technical problems with the Webcast or the streaming audio, please contact us via email at: webcast@acc.com Thank You! Virtual Roundtable Series II, Program
More informationThe International Arbitration Act of 1998 is based on the UNCITRAL model law.
Macau Asia Pacific Key points There is little tradition and limited experience of arbitration in Macau SAR (Special Administrative Region): its arbitration laws were only introduced in the second half
More informationARBITRATION RULES FOR THE TRANSPORTATION ADR COUNCIL
ARBITRATION RULES FOR THE TRANSPORTATION ADR COUNCIL TABLE OF CONTENTS I. THE RULES AS PART OF THE ARBITRATION AGREEMENT PAGES 1.1 Application... 1 1.2 Scope... 1 II. TRIBUNALS AND ADMINISTRATION 2.1 Name
More information