Litigation Mediation & Arbitration

Investigatory Privilege

Introduction The Commercial Court delivered judgment in the case of Quinn v Irish Bank Resolution Corporation Limited and Kieran Wallace[1] on 19 May 2015, confirming that the scope of litigation privilege extends not only to documents created for the dominant purpose of anticipated litigation, but also to documents created in contemplation of a criminal or… Read More

International Arbitration in Sport: Why The Pechstein Case Could Throw The Court Of Arbitration For Sport Into Disarray

1    INTRODUCTION 1.1    The benefits of arbitration (as opposed to the Court system) in resolving sporting disputes have long been recognised by those concerned with the regulation and governance of sport.  The specialised expertise of sports arbitrators, the speed, confidentiality and relative cost efficiency with which arbitral panels can deliver decisions are all attractive in… Read More

The Sanctions’ Effect and New Russian Law. Where Will the CIS Related Disputes be Heard in the Future?

It isn’t a secret that over the past 10 – 15 years, the LCIA and other major arbitral institutions in Europe including ICC, SCC and Swiss Chamber of Commerce have been hearing and continue to hear an increasing number of disputes originating in Russia and other CIS countries. Now over a year passed since the… Read More

An Introduction to Resolving A Dispute Through an Expert Determination Process

Firstly, what is meant by an expert determination? It is the process where the parties agree that a third party (the “Expert”) is appointed to answer particular questions / determine particular disputed items identified by the parties. It generally works best when there is a narrow set of clearly defined technical questions. An expert determination… Read More

CJEU potentially opens the back door to court ordered anti-suit injunctions in the EU

Gazprom OAO [2015] Judgment in EUCJEU C-536/13 The ability of the English courts to restrain court proceedings in another Member State in breach of an arbitration agreement was curtailed, following the infamous decision of the Court of Justice of the European Union (CJEU) in Allianz SpA (formerly Riunione Adriatica di Sicurtà SpA) v West Tankers… Read More

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