Third-party funding or litigation finance agreements have become increasingly popular and accepted methods to finance commercial disputes. While some U.S. jurisdictions prohibit enforcement of finance agreements under champerty and similar laws, the majority of jurisdictions now permit them. Examples of champerty state law restrictions on enforcement of funding agreements are discussed in my recent article titled “Champerty re-emerges: an overview of recent US Circuit Court rulings on third-party funding” appearing in the May 2020 Issue of the IBA’s International Litigation News.
Read moreCanada: Mediator Selection: Skills Often More Important Than Expertise
As per Rule 24.1 of Ontario's Rules of Civil Procedure, certain court proceedings in Ontario are subject to mandatory mediation. Even if it is not mandatory in a particular proceeding, mediation is a form of alternate dispute resolution that parties may want to consider to avoid a full trial, reduce the costs of litigation, and hopefully arrive at a settlement that is agreeable to everyone involved. Whether or not a mediation is successful is, in large part, dependant on the choice of mediator.
Read moreAgreement on “non-binding” arbitration not an arbitration agreement
An agreement to submit to non-binding arbitration is not an enforceable arbitration agreement under the English Arbitration Act 1996. The court dismissed an application for stay of English court proceedings under s9, citing absence of a valid arbitration agreement between the parties. The court held that an arbitration agreement must provide for a binding determination of disputes: IS Prime Ltd v (1) TF Global Markets (UK) Ltd (2) TF Global Markets (AUST) PTY LTD (3) Think Capital Ltd(2020) [2020] EWHC 3375 (Comm)
Read moreWhy Arbitrate International IP Disputes?
International arbitration provides an appealing alternative to adjudication in national courts for many international and cross-border intellectual property (IP) disputes. Fundamentally grounded in party autonomy, arbitration enables parties from diverse jurisdictions and legal traditions to agree on, and resort to, efficient and specialised dispute resolution mechanisms tailored to their specific needs. Such customisation particularly complements common features of international IP disputes.
Read moreExplained: Why Amazon is feuding with Future Group, billionaire Mukesh Ambani?
A legal spat between Amazon.com Inc. and its Indian partner that started with an arbitration verdict in Singapore has got fiercer in New Delhi courtrooms. And neither side is ready to back off.
The US e-commerce giant and Mumbai-based Future Group, whose retail assets billionaire Mukesh Ambani’s Reliance Industries Ltd. agreed to buy for $3.4 billion in August, are locked in a dispute over that deal. Amazon says Future violated a partnership contract with the asset sale to its rival and wants to scuttle it, while the indebted Indian group says it would collapse if the transaction fails.
Read morePredictions for the New Year in Commercial Disputes, International Arbitration, and Judgment Enforcement
First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement.
As we focus on the New Year and a new Biden administration, we make a prediction in each area we cover. In commercial disputes, we believe that a Biden administration is likely to suspend the private right to bring claims under the Helms-Burton Act. In international arbitration, despite some of Biden's statements to the contrary during the campaign, we believe there are likely to be more trade deals and perhaps some reform to the system of settling investment disputes, but international arbitration is here to stay. Finally, in judgment enforcement, we predict that with the continued presence of COVID-19, the states and perhaps even the federal government will limit or preclude certain judgment enforcement tools intended to protect consumers, but the limits could have broader implications.
Read moreCould Google really leave Australia?
The government is introducing a law to address a long-bubbling row over whether tech giants should pay for news that appears in search or is shared on their platforms.
The proposed law would mandate that Google has commercial agreements with every news organisation - or enter forced arbitration, something Google says is "unworkable".
"If this version of the code were to become law, it would give us no real choice but to stop making Google Search available in Australia," the regional director, Mel Silva, said.
Australian Prime Minister Scott Morrison told Google: "We don't respond to threats".
Read moreWhat are some of the most common commercial contract disputes that have arisen over the past year?
“Many businesses have been left with unpaid invoices due the financial implications of the pandemic. There has also been an increase in disputes resulting from companies struggling to meet contractual obligations for a number of reasons, sometimes outside their control. For example, goods being held up in other countries, the inability to continue work due to government restrictions or one party to the contract triggering their force majeure clause.
Read moreHow to avoid unpleasant surprises with arbitral award
The globalization of markets and capital has led to the complication and internationalization of Ukrainian business. It is already a rarity when a business has no relations with foreign partners and contractors.
For predictability of outcomes of contractual conflicts, international arbitration has become a frequent choice for business, which allows to independently determine not only arbitrators, but also the rules for resolving disputes and applicable legislation. In fact, already at the stage of concluding a contract, the parties can envisage the institution or persons), to whom they are ready to entrust the resolution of disputes. They can determine the rules according to which they want the dispute to be considered, understanding in advance the specifi
Read moreWhat are some of the most common commercial contract disputes that have arisen over the past year?
“Many businesses have been left with unpaid invoices due the financial implications of the pandemic. There has also been an increase in disputes resulting from companies struggling to meet contractual obligations for a number of reasons, sometimes outside their control. For example, goods being held up in other countries, the inability to continue work due to government restrictions or one party to the contract triggering their force majeure clause.
Read moreIs Your Company Accidentally Granting Implied Copyright Licenses?
A recent spate of athlete-driven cases show courts are willing to let alleged copyright infringers defend these suits by claiming they have implied licenses. This could mean long, costly lawsuits for copyright holders.
In June 2019, Kawhi Leonard made a case that he was the best basketball player in the world by leading the Toronto Raptors to the NBA title. That same month, Leonard sued Nike over control of a claw logo he and Nike used to promote his brand before Leonard left Nike for New Balance.
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