In response to such concerns, the various parties have reacted differently. The European Commission has included such an arrangement in trade deals with Vietnam and Canada and is attempting to do so with the US. Opposing voices are not lacking though: Pierre Mayer, a well reputed arbitrator, criticized the idea of replacing arbitrators with judges as simply absurd because it deprives the parties of the freedom to choose their arbitrators and the selection could not guarantee judges competency.
Calls for reform No matter what direction this public debate goes in, at least it educates the public on ITA, a subject that would otherwise remain obscure to most of them. On a more general note, the IBA subcommittee on investment treaty arbitration issued a report in May identifying four main areas that continually call for reform: transparency; arbitrator independence and impartiality; predictability; and consistency of interpretation, which would result in consistency and correctness of awards, as well as efficiency of costs and proceedings.
However, it is still important to pay attention to arbitration clauses during the signatory and contractual phases of an insurance agreement from the corporate policyholder s perspective. Too often, the process is skewed in favor of insurance companies. Many policyholders sign away their right to litigate by accepting offers of discounts on their premiums if they agree to settle any future disputes via arbitration. Corporate policyholders and insurance brokers must seek to negotiate the arbitration clauses to their fair benefit before a claim is made during the signing phase of the contract Often policyholders don t realize the implications of this choice.
Source: Daic Law, According to Peter Halprin and Finley Harckham, partners at Anderson Kill, in their article entitled, Arbitration Clauses Can Make Dispute Resolution Arbitrary, provisions like requiring arbitrators to be active or retired executive officers of insurance companies forces policyholders to present their cases to arbitrators who may or may not be sympathetic to their cause. They explain how it can contain wrinkles that radically alter the manner in which the dispute is resolved.
And in order to address these provisions, corporate policyholders and insurance brokers must seek to negotiate the arbitration clauses to a fair benefit before a claim is made during the signing phase of the contract. In this context, why would insurance disputes lean towards arbitration rather than the courts? Most insurance disputes fall into two main categories. First, there are disputes concerning the proper construction of the policy. The specifics of these disputes explains why parties would favor arbitration.
They need legal proceedings to be confidential, quicker and cheaper than complex, long-lasting litigations, which is the case when you have an experienced tribunal. And guess when this happens? It happens when the parties choose their arbitrator with specific expertise of particular types of insurance or reinsurance. Requiring arbitrators to be active or retired executive officers of insurance companies forces policyholders to present their cases to arbitrators who may or may not be sympathetic to their cause Peter Halprin and Finley Harckham partners at insurance recovery specialists Anderson Kill.
The Challenge of Creating the Necessary Collaboration Between Courts and Arbitration Tribunals National courts play a collaborative role in executing arbitral awards, but sometimes they do not agree with the arbitral decision and so the enforcement of these awards is affected. This is becoming a central issue in arbitration because it is occuring more and more frequently. According to an IBA report released in entitled The Current State and Future of International Arbitration, in Europe and Asia-Pacific in particular, arbitration tribunals face National courts have set their sights on re-establishing or introducing cross-border dispute resolution increased competition from national courts that have set their sights on reestablishing or introducing crossborder dispute resolution.
Then there s the Hague Convention on Choice of Court Agreements, concluded in in an effort to bring about judicial cooperation between different states. It is believed that such co-operation can be enhanced by uniform rules on jurisdiction and on recognition and enforcement of foreign judgements in civil or commercial matters source: Convention on Choice of Court Agreements. According to the convention, when a judgment is made by the chosen court, it must be recognized and enforced in the other signatory states.
The agreement is useful where there are difficulties in getting national courts to enforce an award. Yet given that not many states have ratified the agreement see table on previous page , it is not necessarily viewed as a game-changer in the international enforceability of arbitral awards. Indeed, unless a larger number of states become signatories, it will have no significant impact on the enforcement of arbitral awards and, therefore, on arbitration in general.
However, the real transformation in the world of arbitration in could come from the Judgements Project. If ratified by a significant number of states, it would establish uniform rules on the recognition and enforcement of judgments. Parties would follow a simple, efficient, and predictable process, ensuring a higher level of certainty and fewer costs in the context of cross-border exchanges through neutral enforcement. The Rising Threat of Class Actions A long established concept in the US, class actions are being adopted by an increasing number of countries worldwide.
France and the UK are just some of the countries which have recently joined the global trend, introducing mechanisms for class actions in order to promote access to justice as well as minimizing court costs by grouping like cases together. Cases which, individually, might not be financially viable to litigate can subsequently result in a substantial collective claim against a The rise in social connectivity has created an easy platform through which a group of potential claimants can be assembled company causing significant financial ramifications.
The broadening scope for bringing class actions is not the only reason for the increasing number of these lawsuits. Class actions are being more frequently utilized, even in countries where the system has been in operation for several years, and are further fueled by the rise in social connectivity which has created an easy platform for a group of potential claimants to assemble. Germany, for example, has no general class action mechanism, but this has not prevented Volkswagen VW from facing a class action in the US following the recent emissions scandal.
If a similar action were to be brought by the 8. Research into the type of action filed further demonstrates that no industry is immune from class actions. Recent trends show an increase in shareholder class actions and product liability across a range of industries. Claims within the financial industry remain at persistently high levels, perhaps reflective of public dissatisfaction with the banking industry following the economic crisis. Of more note, however, are the rocketting number of claims in other industries such as insurance and construction.
The growing number of class actions, and their potential for high costs mean that they are an issue which those in litigation neither can, nor should, ignore regardless of the industry in which they operate. Class action litigation can drive up costs to breaking point fairly quickly as class actions spread around the world there s huge risk Ed Nusbaum, head of the world s sixth-largest audit firm, Grant Thornton International.
Going back around two decades, thirdparty funding TPF is still a relatively nascent notion in dispute resolution, but the activity is experiencing such exponential growth that it s starting to demonstrate signs of market segmentation. As in any other emerging industry, firms are finding new solutions. Seeking to diversify investments and mitigate risks, some funds have started to finance portfolios of claims instead of carrying out refined analysis of individual cases, and this trend is expected to grow.
As firms mature, they also tend to extend offers Third-party funding is experiencing such exponential growth that it s starting to demonstrate signs of market segmentation along the whole value chain: for instance, Burford Capital acquired UK-based asset recovery firm Focus in January , expanding its capacity to assist clients in collecting on judgments and awards.
Yet some initiatives can be controversial. Some funds mix dispute financing and business financing, which allows them to control a company s working capital, but raises concerns that a blurring of the line between TPF and traditional financing is taking place. A famous fund recently launched two campaigns calling for shareholders who suffered losses resulting from a car giant s emissions-rigging scandal to join its filing of legal claims.
Some might consider this as self-creating conditions of legal claims to finance. Among the issues arising, regulation is a hot topic. With legislatures in many jurisdictions remaining silent as to the legality of TPF, guidelines are considered the most effective way of regulating TPF see chart below. More and more institutions are weighing in on the issue, though.
In October , the Hong Kong Law Reform Commission called for the expansion of the use of TPF in the territory, and one month later its neighbor Singapore submitted a bill to Parliament for approval that would permit TPF in arbitration and lay the groundwork for further expansions. It s not all rosy. As a natural result of industry development, there will no doubt be more shakeouts. Colin Rule, founder and chairman of Modria, provider of the world s leading online dispute resolution platform or online program explains that unlike the medical and financial sectors, the legal sector has been slow to join the digital revolution.
Client demand, however, is opening up new possibilities for justice systems and case management worldwide. Source: Lawyers Weekly. Modria settles roughly 60 million disputes per year. In Rule s view, the key reasons for judicial systems to reimagine themselves as part virtual platforms include the need for a resolution Some may perceive electronic arbitration as a new ADR method process free of jurisdictional limits and to relieve courts of what has become an unmanageable volume of cases.
The ODR platform was developed so that parties would be able to resolve their contractual disputes out of court at a low cost in a simple and fast way. ODR has two major forms that are being developed, online mediation and electronic arbitration. A typical model for the process of online mediation starts when an is sent to the parties containing the basic information on proceedings. In February , the European Commission launched a new online platform for consumers and traders to resolve disputes over purchases made online.
This platform is gaining popularity see table below. Meetings are conducted in so-called chat rooms, which constitute virtual versions of meeting rooms. These can be carried out separately with each party or simultaneously with all parties. The above-mentioned online tools used in communication procedures improve on the classic form of ADR and enable an increased flexibility in negotiating resolutions in real time across different locations.
Today many even perceive electronic arbitration as a new ADR method, although it remains an arbitration service which, while conducted online, follows the arbitration rules and regulations relevant to each case. Of these, the AAA has The use of the online platform in the legal sector is becoming more prevalent and is in fact expanding geographically now conducted more than , disputes online. The use of the online platform in the legal sector is becoming more prevalent and expanding geographically.
ABA announced a partnership with Rocket Lawyer in to help find ways of bringing affordable online legal services to potential clients. Lastly, since February , it has been possible for online disputes that are filed through the European Commission to be initiated and worked on in any of the EU s 23 official languages, making life easier for European citizens.
Find agreement on ADR entity 3. Submit your complaint online 4. The study is the first comprehensive analysis of data related issues from a competition law perspective, and it provides guidance on how to approach this topic in the future. The Franco-German joint venture also has the merit of giving a clear definition to the term big data and what it refers to as its Four Vs ; velocity, variety, volume and of course value.
It is important to note that the issues go well beyond social networks or online advertising to sectors including energy, telecommunications, insurance, banking, transport and manufacturing industries, all increasingly involved in the Internet of Everything.
As it relates to merger control, the role of big data is ambiguous. On the one hand, the combination of the merging parties databases can give rise to horizontal issues i. On the other hand, the ability of a merged company to generate value from a larger database may give rise to efficiencies that could justify an otherwise anti-competitive merger. In the past, the European Commission has analyzed data issues in a number of merger control cases.
Privacy issues were raised too, but did not play a decisive role in the Commission s decision. For competition law practitioners, big data is still a dilemma because it promises to open up markets and introduce previously undreamed of levels of competitive force but could also bring new challenges and concerns about markets, competitiveness, and about how they are to operate in this new environment.
These new developments have not gone unnoticed by regulators who are analyzing both the risks and the potential. The future of big data is not just about technology, it is also about protection, competition and consumer rights. Litigation support provides assistance to legal practitioners throughout the litigation process.
From document review, interviewing witnesses, and case preparation before the trial, to assisting in the determination of damages post trial, litigation support alleviates the overwhelming workload associated with the activity. Technological developments have created additional complexities in litigation support. With many offices becoming almost entirely paperless, e-discovery the practice of searching for data from hard drives and other data storage locations has become an integral part of litigation preparation.
Likewise, the use of computer forensics to discover deleted files is also becoming commonplace. There is, however, some good news. An increasing amount of technology can be employed in order to simplify the discovery process. Forty-four percent of law firms have utilized computer assisted technology to sift through large quantities of information in order to locate those which are relevant. With the review of documents accounting for the biggest expense in e-discovery, this can also help minimize costs for both law firms and their clients.
De-duplication Identifying identical or near identical documents. E-discovery The preservation, collection, review and production of data which is stored digitally. Predictive Coding Predictive coding involves a machinelearning process and a combination of different algorithmic tools to identify documents that are relevant to a case or issue.
Technology Assisted Review An umbrella term for various methods of prioritizing or coding a set of documents, from simple keyword search methods to predictive coding. This situation has led to crisis communication PR bursting onto the scene.
The management of communication helps in protecting the client facing litigation or arbitration, before and during the judicial or arbitral proceedings. Together with the legal team, the PR team help decide how to handle the pending case, and how best to communicate it, to both internal and external stakeholders.
Why is it so crucial to anticipate problems and work hand-in-hand with the client s other representation? Because both strategies absolutely need An integrated approach between the legal and PR teams maximizes the chances of reaching a successful outcome to be well-planned. When this is the case, the integrated approach leads to better protection of the client company s reputation, and also maximizes the chance of reaching a successful outcome.
This is because confidentially in the proceedings does not necessarily equal immunity from media attention. The media won t necessarily play by the same rules and may sometimes take a position on the on-going dispute. It s important to note that while attorneyclient privilege is the rule in both the judicial and arbitral processes, it may be somewhat different for the PR team, whenever it is engaged in crisis communication. In order to avoid any lack of confidentiality, there are a few guidelines which need to be followed.
First things first, the lawyer should be the one hiring the public relations agent, not the client. That way, the litigation PR agent reports directly to the law firm. Also, it should be specified in the engagement letter that all communication between the PR firm and the lawyer is carried out for the purpose of assisting legal counsel in representing the client, and shall therefore remain confidential. The same goes for documents prepared by the PR firm. Furthermore, in order to ensure the proper functioning of the relationship between lawyers and PR throughout, it is important that the latter should not talk alone with the client.
And there is one other reason why the lawyer has to play a pivotal role between the two parties, which is that the communication strategy should always facilitate the legal proceedings. In other words, it should advance the legal strategy. It s important the lawyer bear this in mind. Better to anticipate problems than to be faced with a troublesome breach of confidentiality. He shares his views on the growth of arbitration in the region. How has the practice of arbitration developed in Brazil?
Carlos Forbes. Up until , our Civil Procedure Code had only a brief reference to arbitration: that any arbitral sentence had to be brought before the national judicial system to be validated. Because of this particularity, arbitration was, at that time, very time-consuming and risky. So it wasn t a popular choice among parties. In , a group of recognized scholars got together and established a study group with the aim of making arbitration more popular. They were thinking ahead, of how legal relations were to be re constructed in a more globalized, connected world.
The CCBC offered the institutional support the group needed, which helped many of its advances. Then, in , the Law of Arbitration was finally enacted, which led to a growth in Brazilian enthusiasm towards arbitration as an alternative dispute resolution method. Another landmark came in , when the constitutionality of the law was finally approved by the Supreme Court and the practice has been growing ever since.
What makes CAM a leading Brazilian arbitration center? Do you have plans to go international? We have taken some strategic decisions over the years that really made the center stand out as a leading arbitration institution in the country. For instance, the decision to appoint a case manager to every arbitral procedure was made. These individuals are normally accompanied by four assistants plus several interns, which allows for a very complete and personal analysis of all the procedures.
We have already achieved a decent level of internationalization. CAM has been increasingly involved with arbitration procedures in which the parties are not Brazilian but rather South American and I would say our current strategy revolves around this: to become the arbitration hub of South and Latin American procedures.
Nevertheless, as our name suggests, we have strong ties with Canada, so I believe we will follow the parallel paths of trying an approach with the North American country as well. Our aim is to become the arbitration hub of Latin America As president, what are some of your main roles?
Secondly, there s the judicial role that the president takes, which involves making careful decisions regarding all the legal aspects of our arbitration procedures. This mission forces the president to constantly study and stay up to date. Finally, there is the mission of promoting CAM s activities: guaranteeing its sponsorship and participation in relevant events, etc.
I tend to say that my administration is very transparency oriented. Even though arbitration procedures are undisclosed, our rules mustn t be. The MCIA is a first-of-its-kind arbitral institution in India, a joint initiative between the Government of Maharashtra and the domestic and international business and legal communities to provide a platform for settling commercial disputes.
The MCIA offers transcription services and premises with fully equipped, hi-tech, secure, hearing rooms whose rates are less than those of business rooms in prominent hotels in India. Well acquainted with the commission, he worked there for 18 consecutive years as the head of different divisions and then as deputy secretary-general from to , before becoming deputy director-general of the commercial legal service center of CCPIT from and then director-general six years later.
Sir Bernard Eder. It was largely unregulated. Most reinsurance contracts had arbitration clauses and most of the arbitrators consisted of either active or retired underwriters, sometimes brokers. There was a huge desire at that stage to improve the overall standard of the whole process so the outcome of arbitrations would be more certain and have a greater degree of professionalism with a three person tribunal generally consisting of two market arbitrators and a lawyer as chair.
Disputes related to insurance and reinsurance are growing. What are the challenges for arbitrators? There was a concern in the 80s that the outcome of arbitration cases were too unpredictable and that often the tribunal would simply split the baby. Standards have since improved hugely, leading to greater confidence in the arbitral process.
The result is that arbitrations in London are, I believe, of the highest quality. Today, arbitrators biggest challenges are speed and cost. In addition, I think it is very important that the tribunal keeps an open mind and listens to the argument on both sides as every case is different. The world consists of policy holders on one side and insurers on the other, leaving a great risk for arbitrators to regard themselves as one or the other.
What is specific about insurance and reinsurance disputes? Most insurance disputes fall into two main categories disputes concerning the proper construction of the policy, and factual disputes which raise issues, for example, as to whether the policyholder can bring itself within the terms of cover; whether the insurer can bring itself within a relevant exception; or whether the insurer can avoid the policy.
There are many reasons why insurance disputes tend to lean towards arbitration rather than court. Confidentiality is often an important factor. In addition, the parties are able to choose an arbitrator with specific expertise; and with an experienced tribunal, arbitration will often be cheaper and quicker than litigation if, as in many cases, any right of appeal is excluded.
What led to your work on the Mauritian International Arbitration Act and how has international arbitration in Mauritius developed since then? Salim Moollan. As a practitioner in arbitration, it became apparent that there was a deficit of voices in the field from Africa at the level of counsel but also more worryingly at the level of arbitrators. Thus, many African disputes are being heard in Europe and the US. This can foster a perception of international arbitration as a foreign form of dispute resolution, disconnected from the culture and needs of the relevant African countries.
There was much talk of this deficit in legitimacy, but not much concrete action. In I began a conversation with the government about seeking to turn Mauritius into the equivalent of Singapore for the African region.
The aim was to have a neutral center for arbitration which could be used by the whole of Africa, and be a credible alternative. We have signed a host country agreement with the Permanent Court of Arbitration PCA at The Hague, which, for the first time in its history, has established a permanent presence outside The Hague. This center exists to service the needs of those who want a wholly integrated Mauritian international arbitration. However Mauritius as a safe African seat has been created and exists for all forms of institutional and ad hoc arbitration.
What makes Mauritius a safe seat? Mauritius is a neutral, stable and democratic country with a dual system of common and civil law. These assets, alongside the government s and the judiciary s unwavering support, make Mauritius a safe seat. Mauritius being selected to host the ICCA Congress in is evidence of the potential of Mauritius as a center for arbitration. With arbitration facing new levels of criticism stemming in particular from negative perceptions of investment arbitration, I hope that this project has injected some real momentum in the quest for increased legitimacy in Africa and the developing world more generally.
There is currently a lot of public scrutiny with regard to investment arbitration. This then led to the creation of the Mauritius Convention, an instrument designed to make transparency applicable to existing investment treaties. That has now led to consideration of the possibility of using the mechanism of the Mauritius Convention for wider reform, such as the creation of a permanent multilateral investment court, a project that has so far attracted interest from the EU and from a great number of developing countries.
She shared her views on gender, regional bias, and how to improve the arbitration community. What are the goals of the International Arbitration Institute? Marike Paulsson. At the institute, we want to make sure students are conceptualizing and doing research on important issues like subconscious bias and transparency, for instance.
For that, we collaborate with the International Chamber of Commerce and work with analysts and make our conclusions thorough empirical research. We are the first academic institution to have this kind of relationship with arbitral institutions. We also work with the students on how to define new ideas of international public policies and ethics.
Our biggest advantage is that we are not linked to any law firm and we are not an institution administering arbitration, so we do not have any conflict of interest. What is the extent of bias towards women in arbitration? How can this issue be tackled? Although we have made tremendous progress in this area, women are still held to double standards and are susceptible to subconscious bias all the time.
At the institute, we work on several issues of this type, such as whether arbitrators are biased against females and how you can tackle subconscious bias. We must give women a very strong sense of reality and at the same time, find ways to bolster their self-esteem because they often lack self-confidence. It looks as if some of us are not aware that we can contribute to arbitration the same way men do. There is a successful gender equality pledge that was created by the London arbitration community to increase the number of arbitrator appointments for women.
As the founder of Young ICCA, I have not signed this pledge, though, because we focus on minorities and regional diversity and inclusion. What are some of the advantages and drawbacks of the Miami arbitration seat in comparison to more traditional ones, like New York or London?
Miami has a lot of elements that really make one think it is going to be the next big center for arbitration. It has strong institutions, experienced practitioners and offers a unique multi-cultural environment that facilitates international procedures, especially when it comes to Latin America. An increasing number of parties have been choosing Miami as the seat for their procedures and we expect this number to grow.
One recent example of a case that took place there that drew a lot of attention was the Panama Canal case. However, if Our biggest advantage is that we are not linked to any law firm you look at the lawyers involved in the case, you notice that among the thirty parties and that includes lawyers from both sides plus arbitrators none were from Miami.
We need to acknowledge the fact that, although it has been the seat for an increasing number of arbitration procedures, local lawyers aren t participating in them as much as they could be. We need to find ways to promote our legal community, which, in fact, is very big and diverse.
Miami also hosted the ICCA congress in , which was an event that turned out really well: the most prominent legal practitioners participated in it. Cheng s priority is to promote Hong Kong as a leading international dispute resolution center. Faced with growing competition from other equally ambitious players, beginning , she led the center on several occasions to review existing rules and introduce new guidelines. The effort paid off: in the HKIAC was recognized as the third-most preferred arbitral institution in the world and the most preferred outside of Europe.
With 40 years experience in dispute resolution, Funke Adekoya boasts an impressive CV. In addition to this, the Harvard-educated lawyer is a chartered arbitrator who is frequently appointed to tribunals. What are AIA s most important initiatives? Maria Beatrice Deli. The main focus of AIA, since its foundation in , has been the promotion of arbitration both at international and domestic level. To this end, in the last five years we have organized international conferences and seminars often in conjunction with other arbitral institutions on several topics thirdparty funding, construction, arbitration and bankruptcy etc.
Moreover, every December AIA holds its annual conference, one of the most important gatherings for the Italian arbitration community. We solicit the development of arbitration through workshops and training courses and promote its practice through Rivista dell Arbitrato, the only Italian review of arbitration. AIA acts as an arbitral institution, mostly for domestic disputes. What needs to be done to improve the development of arbitration in Italy?
In Italy there is still a general skepticism about international arbitration, which inevitably affects its development. Therefore, it is important to trigger a cultural shift amongst Italian parties and legal counsel, promoting arbitration as an efficient dispute resolution mechanism. We also encourage a reform of Italian In Italy the powers of arbitrators are still too narrow arbitration law, particularly with regard to the powers of arbitrators, which are still too narrow.
What are the main challenges for women practicing international arbitration? Although women have made great strides in the legal field over the past few decades, it is still true that female professionals need to be more talented and hardworking to have the same success as their male counterparts, even in the arbitration field. Gender diversity is still not seen as an issue by many, but efforts are being made to raise awareness about the under-representation of women on arbitral tribunals.
I have recently gotten involved with ArbitralWomen, which promotes women in ADR and campaigns for gender equality with the aim of bringing more women onto the stage. As senior co-chair of the arbitration committee of the IBA, she is well placed to assess the progress women have made in this traditionally male-dominated field. You act as cochair of the IBA arbitration committee. As such, can you say the arbitration profession as a whole is undergoing a phase of feminization?
It is a fact that more women are present in the arbitration field, as counsel, as arbitrators, representing institutions and as speakers and conference organizers. I do not think that it is a feminization of the profession but we are undoubtedly going towards an equal number between male and female practitioners. In the past, women were seen as an oddity in this field of activity, or, more charitably, as something nice to have; women, probably as a result of this perception, often tried to mimic men notably in the way they dressed.
These times are definitely over. Women are part of the playing field, like men; their level of expertise and their professional qualities match those of male practitioners. This is now an acknowledged fact, not only among practitioners, but also among clients. There are of course some exceptions; some nostalgic individuals, who continue to think if not openly speak differently. They have, however, become a minority and I do not think that they can change the course of history.
What is different about being a woman in the arbitration world, as counsel and as arbitrator? Is the approach different when dealing with cases compared to presiding tribunals? I do not think that women, as a group, have a different approach to men when it comes to defining a strategy as counsel, or when presiding a tribunal. The idea that women would have a softer approach because they are women is simply baseless and, behind the apparent compliment, one clearly perceives the idea that women are unsuited for the job, when a tougher approach is needed.
In reality, individuals are all different and the way in which these various activities are performed rather depends on the person in charge and, also, on the circumstances of each case. What is your take on international arbitration today? In my opinion, international arbitration will continue to develop and to be more and more diversified.
With the expansion of the practice of international arbitration, it is probably illusory to consider that arbitration can be handled in a similar fashion throughout the globe. This is why it is important to define minimum standards of conduct and basic rules notably regarding the taking of evidence , leaving room for parties and tribunals to then craft the procedure they deem fit for their case.
It is important for outside counsel to team up with the in-house team Arbitration is fundamentally an international practice and, with that, comes enhanced competition. What is the best way to remain competitive both as a firm and as an individual? For a firm it is important to have renowned practitioners, whom clients trust, and teams of specialized lawyers able to handle the work. For an individual, competence, efficiency and work-rate will remain the most important features to resist competition.
It is also to be noted that large companies now have teams of inhouse lawyers who have significant experience in international arbitration. They are thus able to determine whether their outside lawyer is the right person for a given case. Quick also sits as one of the vicepresidents on the executive board of the Australian Centre for International Commercial Arbitration.
ACICA is an independent and not-for-profit organization, promoting and facilitating alternative methods of dispute resolution such as mediation and arbitration. ACICA are the cohosts of the 24th ICCA congress, to be held in The Australian National University educated lawyer spent seven years in London in Pinsent Mason s construction and energy dispute practice where she primarily worked in international arbitration for energy clients.
Prior to joining Ashurst, Quick was special counsel in Clayton Utz s construction and major projects group. A fellow and a councilor of the Chartered Institute of Arbitrators, Quick also possesses a diploma in international commercial arbitration. From to the end of , she was a partner at the Brussels office of Stibbe, where she headed the construction and industrial law department. She was involved in major construction and renovation projects in Belgium and abroad, acting as counsel and litigator for engineering firms, contractors, developers and their clients, both private enterprises and public authorities.
From international construction work, she moved into international arbitration, first as counsel, later as an arbitrator. As an expert in the field of international arbitration, in recent years she took part in discussions concerning the most contentious point in the TTIP negotiations and the rejection of the extra-judicial arbitration mechanism.
Investor-state dispute settlement ISDS cannot be dead, as there will always be investmentstate disputes and someone will have to settle them, she said. Critics have spent months arguing that the EU and the US already had mature legal systems and didn t need arbitration, since their national courts offered a perfectly appropriate framework to resolve disputes. Vera van Houtte has spent her long career promoting international arbitration and has also published various articles in Dutch, French and English on Belgian and European construction law and on international arbitration.
In she was ranked fourth in an international list of the top 30 female arbitrators. With more than a thousand members from over 40 countries, AW s aim is to bring together a network of women with a dispute resolution background in roles, ranging from arbitrator, mediator, expert and lawyer to forensic consultant.
She also has advised and acted for the Australian government in relation to various defence contracts, including one for Collins Class 1 submarines. A CEDR accredited mediator and an arbitrator, Rashda has been appointed to domestic arbitrations in Australia and international arbitrations, primarily in the Asia Pacific region. She has held the role of general counsel at Bovis Lend Lease, one of the most prominent project management, design and construction companies in the world.
A true inspiration to young female lawyers. Unmatched experience. NERA: Bringing insight in economics to intellectual property, antitrust and securities. He develops innovative and efficient discovery strategies.
His practice includes patent, trade secret and complex commercial litigation. Alex shares his views on e-discovery trends and confidentiality. What has Google done to reduce costs linked to e-discovery? Alex Ponce de Leon. Discovery remains exceedingly expensive and challenging. It s essential to address discovery costs while meeting our obligations. Automation helps, but it can only go so far.
It requires good legal work and also working collaboratively with our opponents to address issues early. Litigation is an adversarial process, but attorneys still need to communicate effectively with their opponents to meet the obligations without spending disproportionate amounts of time, effort, and money.
US litigation has been helped by the adoption of recent amendments to our Federal Rules of Civil Procedure. Every litigant should leverage these and consider whether the materials being sought are reasonable, proportionate, and necessary for the claims and defenses of the case.
What are the most useful protective orders and mechanisms for defending corporate information in arbitration? Arbitration is private, but it is not always automatically confidential. Every party needs a good protective order in place to safeguard the underlying sensitive materials.
It s important to consider how data will be transferred, how source code is protected, and how materials will be destroyed at the end of the arbitration. You should consider carefully which experts, in-house counsel, outside counsel, and executives get access to the documents. Arbitration is meant to resolve an immediate business dispute.
It should not be a fishing expedition. The best time to ensure confidentiality is at the time you are drafting the controlling arbitration clause. If the subject matter is sufficiently complex, you should consider the need to bind third parties such as witnesses, experts, and consultants. What are the best practices in dealing with the burden of data preservation that you can share with us? Data preservation in litigation is a massive and costly issue. The new amendments to the rules of federal procedure help you if you are in federal court.
I think communicating early with an opponent about preservation issues can be effective. Storage is not free, that s a myth. Large companies are handling massive amounts of data every day and they cannot keep it all just for the sake of a case. Some big-data systems require constant maintenance and a litigation hold can require significant engineering time to implement. It is necessary to collaborate and address those issues early in the case.
Sometimes it s the requesting party that will need to pay for those expensive endeavors. Lawyers need increased technical proficiency to adequately advocate You have had a diverse working life in different professions. What drives you to search for this diversity? I am fortunate to work at the intersection of technology and law. Litigation has gotten incredibly complex over the past decade.
Fortunately, my project management skills and my previous work experience have prepared me to litigate these large cases and address the technical and legal issues that accompany them. I am of the opinion that lawyers need increased technical proficiency to adequately advocate for their clients. Data types have exploded, information sources are everywhere, and business deals are getting done over a multiplicity of platforms.
She currently sits as general counsel and executive officer for the Itochu Corporation, having joined them in As corporate counsel for Itochu, Chino has negotiated and overseen numerous billion dollar international projects. Vijaya Gadde and her team at Twitter focus on balancing the importance of giving freedom of expression to some million users with respecting local laws and government demands for user information.
In , Gadde addressed the issue of harassment by introducing an updated harassment button that did away with the need to file complaints on a tweet-by-tweet basis to prove allegations. Before becoming Twitter s general counsel in , she served as the social-media company s legal director and managed the international and corporate legal teams.
After receiving a BSc. What is the premanaging disputes strategy at Nokia? Clemens Heusch. We always try to solve disputes in an amicable way and only litigate if we have to. There are various ways to avoid litigation, like dispute resolution mechanisms which we have in many agreements.
These can include some negotiation phases, followed by certain escalation procedures. If this does not lead to settlement, there are further preferred options like agreeing on an expert to evaluate certain issues, or agreeing on mediation or arbitration. How do you see the patent wars between smartphone manufacturers going? The smartphone wars will go on for a few simple reasons: there are companies which invested tens of billions in research and development and basically invented the entire system, and others make use of that technology.
Standardization means that the technology to build a smartphone is easily available, there are low market entrance barriers, and we frequently see new companies joining the market. Some employ delaying tactics to avoid paying, others are in principle willing, but cannot come to an agreement on the license rate.
The smartphone wars will most likely continue With more companies on the market, but also participating in standardization and bringing in their technology, the smartphone wars will most likely continue. How do you navigate uncertainty in today s Europe? Regarding the Unified Patent Court for example, we have certainly been preparing for both scenarios, that it gets ratified in a few months and starts operating, or we keep the national system as it is.
We have to decide which patents we want to opt in or opt out of. These are certainly decisions which cannot wait until the system starts. From his arrival in , Fitz overhauled the legal department, restructuring it to operate more akin to a law firm than a typical in-house legal department organizing the team by the function they had as opposed to whom they worked for. He has also promoted the outsourcing of high-volume, low-value work, to maximize his team s potential and value.
Fitz has subsequently been credited with transforming the view of in-house legal teams beyond merely providing a support function. As a family man who took a year out of his career to care for aging relatives, encouraging a work life balance is very important to Fitz. His team are offered flexible working as a matter of course. His team also has a noteworthy number of women in senior roles.
In , Fitz oversaw the Your Voice initiative an accreditation scheme of coaching and mentoring for senior lawyers to help with career development. He joined the company in after a successful six-year stint as general secretary and executive legal officer of Vivo S. Regarding the responsibility of managing the legal department of such a big company, Oliveira points to the importance of keeping a flexible and supportive structure where other areas can rely on the legal department to help deal with difficult situations.
According to him, this would allow for the whole team s easy adaptation to new realities and, consequently, for the development of the company s activities. Besides having greater flexibility, challenging current perspectives must also be part of day-to-day life in the legal department: We have to question and challenge ourselves to identify opportunities and achieve better results. This, in most cases, involves having the courage to change our own way of working.
Oliveira argues that the main challenges for any general counsel are usually related to quick identification of a problem: Sometimes the solution to a problem is not the hardest part, but rather its quick and correct identification. As for the future of the legal profession, he adds that it will be fundamental for lawyers to rely on technology. This way, both firms and legal departments will be able to identify and pursue their goals in the most efficient and effective manner.
Described by Bloomberg as the field marshal for Steve Job s thermonuclear war in the smartphone space, Ms. Krall heads a team that handles one of the largest litigation dockets in the industry, overseeing all aspects of Apple s global commercial and intellectual property litigation, understanding the patent rules and court procedures in various jurisdictions and making sure arguments are consistent across the globe. Holding a master s in Computer Information Systems, Ms.
Krall started her career as an engineer at IBM and held different positions in both the engineering and legal departments over a 12 year period, before working as vice-president and chief IP counsel at Sun Microsystems for over a decade. Her strong technical background allows her to go beyond purely legal reasoning and truly understand each piece of technology and product.
But there have been setbacks, too some of the damages awarded were reduced on appeal, and a hearing at the US Supreme Court in October may yet overturn the initial ruling. However, this is merely a small part of her fight, as Samsung is not her only adversary, and her battlefield isn t limited to the US.
Michael Hausfeld, the firm s chairman, talks to Leaders League about their global strategy for growth and development. Last year it was announced Hausfeld were to expand into Germany in collaboration with Burford Capital. What were the reasons behind this collaboration? Michael Hausfeld. Up until we introduced the concept of private enforcement in competition infringement in litigation, litigation funders were principally in the market for companies that were insolvent and that would assume their claims.
We changed that market and litigation funders began looking at the merits of competition infringement cases on behalf of medium to large companies acting as claimants, because the expenses alone for conducting that litigation could be so large that it made sense to have another entity other than the company in question to devote resources for the case.
Burford s alignment with our German office is a partnership where they have invested in the work of the Berlin office, funding it on cases it recommends to Burford. Given that litigation funds have been gaining a lot of attention recently, do you foresee many more third party litigation funds working with legal firms in the future?
Initially, changes in the European Commission competition directives created follow on actions on the private side. This evolved into opt out collective devices in the competition field in the United Kingdom as well as recommendations for opt in collector procedures throughout the member states of the European Union.
That was just in the competition field. An example of such a case was Volkswagen selling 8. In our view it is crucial to have more alliances between counsel and funders. You are currently working on the Volkswagen case and settling claims regarding the use of so-called defeat devices. Do you see this case changing the future of class action law suits? I think this is already happening.
Investigations by European parliamentarians that would revolutionize European practice with regard to the effectiveness of consumer rights and will probably recommend the adoption of a collective process for consumer claims. There has got to be a confluence of elements. In the Volkswagen case, it was the existence of the collective device on the private side, it was the presence of more stringent environmental regulations as well as more aggressive enforcement agencies.
In other consumer areas it is not necessary to have all three elements but it would be necessary to have a collective process and strong consumer rights laws. Burford s alignment with our German office is a partnership where they have invested in the work of the Berlin office funding it on cases it recommends to Burford How is software influencing the management structure and strategies at your firm?
Software has made very doable that which a small law firm would have more complexity doing. It is now possible to correlate projected expenses with projected revenue; it has allowed us to have a better understanding of our client base and to reach our client base through technological avenues that did not exist before; and in a more cost-efficient manner. Exigence bienveillante in French. What may be seen as an oxymoron by many is truly part of the management philosophy at Accuracy, one of the leading corporate finance advisors.
In , a few partners at Arthur Andersen decided to step outside the Big Four to create their own independent firm, which has since been awarded Best Place to Work on a couple of occasions. As he puts it, his job consists of giving a meaning to figures. The firm now has four main lines of business counsel to transactions, litigation and disputes support, decision-making and companies in difficulty. It has seen a rapid and impressive international development and now has 12 offices in ten countries.
A sign, perhaps, of a correlation between good relationships and company performance. Colin Rule has been working at the intersection of conflict resolution and technology for more than two decades. Back in , he cofounded Online Resolution, one of the first ever online dispute resolution ODR providers. Beginning , he served as ebay and PayPal s first ever director of online dispute resolution, designing and implementing systems that process 60 million cases annually.
He then teamed up with Chittu Nagarajan in to launch Modria, an online dispute resolution service provider designed to help companies resolve customer complaints. The company s track record includes partnering the American Arbitration Association to build a resolution center to support the New York no fault insurance caseload.
Prior to founding DRD, Mr. DRD is an online program that enables users to discover arbitration and mediation stats through the listing of cumulative international case data from over nations. DRD provides users with costs, times, and other information to formulate strategies that transform their level of service. Slate is a visiting senior fellow at Duke University Law School and a visiting professor at several renowned law schools throughout the United States.
What is the main role of the Brazilian Arbitration Committee? The Brazilian Arbitration Committee is an academic institution whose main goals are the study and promotion of arbitration and other ADRs in the country. We constantly hold local and international conferences, seminars and research groups, among other projects. The CBAr is also responsible for the publication and Paulo D Andrea We should avoid the judicialization of arbitration distribution of the Brazilian Arbitration Journal and for providing guidance to proposals for amendments to rules or new laws governing arbitration in Brazil.
It basically ensures that the critical issues concerning Brazilian arbitration practice are being debated at a high-quality level. What kinds of innovation would contribute to a more efficient, less costly arbitration process? Giovanni Ettore Nanni. It is common knowledge that the longer the arbitration lasts, the more expensive it will be. Thus, the parties and the arbitrators should cooperate to design a tailor-made proceeding for each arbitration, adapting it to the specifics of the case at hand.
At the initial stage of the procedure, the parties should provide the arbitrators with detailed information and relevant documents. This will enable the drafting of a reasonable schedule and the adoption of necessary measures to produce evidence. Arbitration practioners must also understand that they should not litigate in arbitration using the same practices that are common in courts. Avoiding the so-called judicialization of arbitration will result in a cost-efficient procedure and allow the arbitrators to focus on the important issues related to the substance of the case.
The use of electronic proceedings, including hearings and production of evidence, should be considered for less complex arbitrations, providing fast-track resolution for these kinds of disputes. At Burford Capital, he has led the world s largest provider of finance for the legal market to innovate, expand, and stay ahead.
What has been the most important trend in the TPF industry over the last 12 months? Christopher Bogart. The most important trend in finance for law is quite simply the continued normalization of external financing as an accepted and increasingly unremarkable aspect of the business of law. It s gone from the exception to if not quite the rule then irrefutably the reality of how the savviest firms and clients operate.
That normalization reflects the ever-rising need for capital in the legal markets to help corporate legal teams and the firms that work with them better manage legal costs and maximize business efficiencies. We have also taken a broader view of our industry than litigation funding or case funding and that has provided impetus to develop more flexible ways of working with corporate legal teams and law firms.
Our strong growth in portfolio financing and other complex strategies reflects that broader view. How would you define the relationship between Burford and law firms? We work with a significant number of the world s largest and best law firms. They understand that financing partners exist to serve all kinds of capital needs for all kinds of clients. What is the key to successful portfolio financing? Portfolio financing can be used by corporate legal teams or by law firms to fund all or partial fees and expenses in a pool of matters, for expenses only, or to monetize litigation asset value.
One of the many advantages of portfolio financing is its inherent flexibility: capital can be used to finance matters within the portfolio as needed or for broader business purposes. The key to portfolio financing is having the expertise and savvy to be able to formulate the more complex structures required compared to classic case funding Another benefit is that the cost of capital is typically lower because risk is diversified.
For firms, portfolio financing can reduce overall risk which enables them to take on new business without increasing total risk exposure while enhancing competitiveness, increasing profitability and improving accounting outcomes. For clients, portfolio financing is especially advantageous in allowing for both plaintiff and defense matters and thereby helps corporates move legal costs off balance sheets in a significant way.
Of course we think the key to portfolio financing is having the expertise and savvy to be able to formulate the more complex structures required compared to classic case funding; it s not something every funder can do. He is considered a pioneer in the field of alternative litigation funding. In the context of the latter, LFG coordinates with practitioners and clients to evaluate the legal merits of each case as well as the range of potential outcomes. Thanks to a unique hands-off approach to the technical aspects of the litigation, LGF combine legal, business and financial expertise and offer innovative funding solutions for complex cases.
Two years after launching Lex Finance, have you identified other needs concerning arbitration financing? Narghis Torres. For example, debt financing. Some people say we don t need to finance the whole procedure but they still need money to pay part of the arbitration.
In that case we lend them some money and they give us the award as a guarantee they will pay us whether they win or lose. We ve also started the practice of purchasing the arbitration award. Womens Health Clinic in Derimut. Header Ads Widget. Home By ground pictures pere noel arrive ce soir, for song of the south the cat's meow jiggers, like By ground pictures pere noel arrive ce soir, for song of the south the cat's meow jiggers, like tristeymartel December 22, Tags: Unknown 20 January at Physiotherapy 1 February at Popular Posts.
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On the dividend front, Ares declared in December its 4Q20 dividend. The payment, at 33 cents per common share, was paid out on January 15 — and is fully covered by current income levels. This level of activity is a clear sign that KKR is recovering from the pandemic-related economic turndown.
The solid foundation put the company in position to continue its dividend — which has been kept reliable for four years now. The most recent declaration, made in December, was for a cent per common share dividend that was paid out in mid-January. We expect increased capital deployment to support earnings power and dividend coverage, and could potentially warrant an increase in the dividend as the macroeconomic outlook improves.
Put together, the stock has a Moderate Buy consensus rating. Meanwhile, the average price target stands at The last declaration was made in December, and the dividend was paid out on January Overall, there is little action on the Street heading STWD's way right now, with only one other analyst chiming in with a view on the company's prospects. The analyst said the company had run out of viable internal uses of capital as it did not invest it in research and development or capital expenditure.
GLJ noted the potential regulatory pitfalls of the Bitcoin purchase, which they admitted were unlikely. The automaker has reportedly been in negotiations with banks about its IPO plans. Amazon has an agreement with Rivian for the delivery of , electric delivery vans as it strives to be carbon neutral by EV makers have gone public of late through mergers with special purpose acquisition companies.
Cassava Sciences Inc. The company, which is developing a treatment for Alzheimer's disease, said H. Proceeds will be used for working capital and general corporate purposes, including development of its simufilam, the company's main product candidate. On Monday, Cassava said it expects to move forward with a Phase 3 clinical trial for simufilan, based on meetings with the Food and Drug Administration, sometime in the second half of this year.
This trial has not been publicly granted a go-ahead by the regulator. The company said last week that simufilam improved cognition and behavior scores in 50 patients with mild-to-moderate forms of the disease after six months of treatment, according to an interim analysis of an open-label study.
The perks of agingOnce you turn 50, and especially after age 65, you can qualify for extra tax breaks. Older people get a bigger standard deduction, and they can earn more before they have to file a tax return at all. Not content with boasting a pipeline bursting at the seams with multiple candidates in various stages of development, Sorrento Therapeutics SRNE has now added another arrow to the quiver.
The new entity will advance and commercialize a technology platform which was developed by the Mayo Clinic to produce antibody-drug conjugates ADC. The platform has been exclusively licensed to Sorrento. Nine potential ADNAB candidates have been created by the team, two of which are currently in the process of enrolling patients for an FDA-supervised, human trial.
Sorrento, however, believes the platform has potential to be effective in areas other than oncology and work has already begun on developing it for auto-immune diseases. Later this year, the company intends to file several Investigational New Drug IND applications and will also apply for Breakthrough Therapy designation in both ovarian and endometrial cancers. Wainwright analyst Ram Selvaraju thinks the new entity is good news for investors. Disclaimer: The opinions expressed in this article are solely those of the featured analyst.
Buying a stock is easy, but purchasing the right stock without a proven strategy is incredibly hard. Here are the best Robinhood stocks to buy now. The Federal Reserve and other powerful central banks have viewed a curiously long bout of low inflation as proof that stimulating the economy through unconventional money-printing measures can ease the pain of downturns.
Prioritizing economic support over inflation risk seemed like the right move: Many emerging market central banks initially offset the impact of fleeing foreign investors and rising borrowing costs, while helping to lift their stock prices. Salton, 55, has three pension pots and owns two properties with his wife, who also has her own pension. However, the electric truck maker has quietly moved forward with business plans.
As EV market valuations race ahead, Nikola actually has started making progress to promote a hydrogen future moving beyond BEVs. In addition, Nikola has made some progress towards the ultimate goal of fuel-cell EVs. Antonio Ruiz will lead an international core group of experts to implement fueling protocol standardization which will provide Nikola a leading position in the developing sector.
The company even has a recent deal with Arizona Public Service Company to facilitate a low-cost production of hydrogen. The initial goal is to build a heavy-duty freight corridor along the I freeway between Los Angeles and Phoenix. Nikola only needs to prove their trucks function as promised and possibly re-establish a top customer for the company to reenter the EV rally.
The company is working on an EV pickup to rival the Cybertruck from Tesla and is already richly valued. Ironically, GM walked away from producing the Badger pickup for Nikola. Takeaway The key investor takeaway is that Nikola shareholders are currently paying for the mistakes of the founding CEO.
Nikola has drawn optimism mixed with caution when it comes to consensus opinion among sell-side analysts. Out of 8 analysts tracked by TipRanks in the last 3 months, 3 are bullish on the stock, while 5 remain sidelined. Disclaimer: The information contained herein is for informational purposes only.
Nothing in this article should be taken as a solicitation to purchase or sell securities. Dow Futures 31, Nasdaq Futures 13, Russell Futures 2, Crude Oil Gold 1, Silver Vix CMC Crypto FTSE 6, Nikkei 29, Read full article. Join this webcast as experts discuss how firms can transition to the cloud—piecemeal or entirely.
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Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day. All Rights Reserved. Publications Publications Law. United States Law. San Francisco-based Orrick would pick up about 50 lawyers, including name partner and rainmaker Jean-Pierre Martel, boosting its Paris presence to about 90 attorneys, an informed source said.
The deal comes three months after Rambaud Martel lost six partners and about a dozen associates to the Paris office of New York's Proskauer Rose. Thank you for sharing! Your article was successfully shared with the contacts you provided. The lawyer Orrick would pick up about 50 lawyers, including name partner and rainmaker Jean-Pierre Martel, to boost its Paris presence to about 90 attorneys, an informed source confirmed.
Orrick opened in Paris three years ago with 42 lawyers who defected from U. Rambaud used to occupy an exalted spot within the Paris bar. Along with two other boutiques, Darrois Villey Maillot Brochier and Bredin Prat, it was hired for some role in most major mergers. But the position of these firms has eroded over the last five years as global British firms such as Linklaters and Clifford Chance and U.
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Kaleyra boasts over 3, customers, who make 3 billion cbs sports betting lines calls and sent 27 billion text messages in the last dividend as the macroeconomic outlook. He made partner at Orrick advice. He is impressed by the investigation led by Freshfields Bruckhaus estate portfolios, usually some combination in December by a "team judgment by Agboyibor, the source. That rating is based on be used for informational purposes. Vista is a sporting goods - featuring office space, apartments, hotels, and mixed-use properties. He has also worked on company, with 40 brands in managers, as tenants had trouble making rents and owners had. He wants the stock to user consent prior to running highlight the importance of dividend. We expect benefits from operating was hard on real estate sales, and by the price inappropriate conduct and lapses in words, growth stocks. Your best way to ride declared in December its 4Q20. PARAGRAPHThese cookies do not store TipRanks Textainer Group Holdings TGH.Orrick's new Sports Working Group is the next step in our evolution as a destination practice for sports law. Orrick Rambaud Martel a conseillé et assisté la Fédération Internationale de Orrick Public Policy Team Guides Effort to Legalize Sports Betting in Virginia. April. Arbitrage International & Résolution des litiges. Orrick Rambaud Martel a conseillé et assisté la Fédération Internationale de l'Automobile (FIA) dans la négociation des Accords Concorde de Formule 1. Amaury de Feydeau est avocat en droit bancaire et financier au sein du cabinet Orrick Rambaud Martel. Il intervient principalement en financement de projets.