Latest updates

Singapore Convention: update on enforcing mediated settlement agreements
  • Arbitration & ADR
  • International
  • 10 October 2019

The United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Convention) has been signed by 46 states and will come into force six months after being ratified by at least three state parties. The convention responds to the demand from a growing body of mediation users for an enforcement mechanism applicable to mediated settlement agreements in cross-border disputes. However, its language has created some uncertainties.

Recent developments in ISDS reform: the big picture
Norton Rose Fulbright
  • Arbitration & ADR
  • International
  • 03 October 2019

Investor-state dispute settlement is an important feature of investment treaties as it is the procedural mechanism through which investors can claim compensation for a violation of a substantive investor-protection standard. The traditional mechanism (ie, investment arbitration between the investor and the host state, modelled on commercial arbitration) has been increasingly criticised. Hostility to the traditional model has led to changes in individual treaties and wider reform initiatives.

Arbitrating M&A disputes: changes in arbitration landscape and the impact of technology
Norton Rose Fulbright
  • Arbitration & ADR
  • International
  • 26 September 2019

M&A lawyers mitigate buyer risk through expansive due diligence exercises and tight contractual controls. Arbitration has become a prominent forum for resolving these disputes. For example, the London Court of International Arbitration (LCIA) has reported a significant increase in the number of shareholder, share purchase and joint venture agreements being referred to LCIA arbitration. This article examines the growth of arbitration as a forum for resolving such disputes.

Resolving telecoms disputes involving state entities in the Middle East
Obeid Law Firm
  • Tech, Data, Telecoms & Media
  • International
  • 30 August 2019

As the economy becomes increasingly data focused, telecoms markets across the Middle East are changing considerably. The policy framework has not always kept pace with this rapid change, and aspects of telecoms regulations are now outdated. However, personal data protection and public-private partnership (PPP) laws are starting to affect telecoms contracts and investments. Specifically, PPP laws are enabling recourse to alternative dispute resolution methods, including arbitration.

Resolving telecoms disputes involving state entities in the Middle East
Obeid Law Firm
  • Arbitration & ADR
  • International
  • 29 August 2019

As the economy becomes increasingly data focused, telecoms markets across the Middle East are changing considerably. The policy framework has not always kept pace with this rapid change, and aspects of telecoms regulations are now outdated. However, personal data protection and public-private partnership (PPP) laws are starting to affect telecoms contracts and investments. Specifically, PPP laws are enabling recourse to alternative dispute resolution methods, including arbitration.

How to prepare for new Incoterms
AKD
  • Shipping & Transport
  • International
  • 31 July 2019

The International Chamber of Commerce is set to launch a new version of the Incoterms rules – the globally used, standardised set of trade terms for the international sale and delivery of goods. Although the new rules will not take effect until 1 January 2020, parties involved in the international sale and delivery of goods should use the impending introduction of the new rules as an opportunity to review their existing contracts and standard delivery terms and determine whether they are being used correctly.

The bunker balance – owners consider liquefied natural gas in advance of 2020
Wikborg Rein
  • Shipping & Transport
  • International
  • 17 July 2019

Using liquefied natural gas (LNG) rather than fuel oil is one of a range of options available to owners seeking to comply with the International Maritime Organisation's 2020 regulations. Given that shipbrokers have long predicted the emergence of a two-tier shipping market with 'greener' ships commanding a premium over older, less eco-friendly vessels, what is the future for LNG bunkering and what challenges does it present?

Readiness for global sulphur cap – BIMCO's new IMO 2020 clauses
Wikborg Rein
  • Shipping & Transport
  • International
  • 10 July 2019

Most parties involved in the shipping industry will by now have a clear picture of the requirements under the International Maritime Organisation (IMO) 2020 global sulphur cap on marine fuels. Therefore, attention has turned to the steps that must be taken to put these requirements into practice. Two clauses recently introduced by the Baltic and International Maritime Council aim to address certain contractual aspects of the IMO requirements as they apply to time charterparties.

Manager's letter of undertaking – moving towards more balanced standards?
Wikborg Rein
  • Shipping & Transport
  • International
  • 03 July 2019

Third-party ship managers are often required to issue letters of undertaking to financiers of a managed vessel on relatively unfavourable and financier-friendly terms. The Baltic and International Maritime Council's new standard ship manager's letter of undertaking, which was recently published, seeks to redress the balance and gives ship managers a more equitable set of terms, which may be used as a starting point for negotiations.

Job interview 4.0 – legal considerations for automated face and speech recognition
Rihm Rechtsanwälte
  • Employment & Benefits
  • International
  • 26 June 2019

Many companies advertise and sell sophisticated video interview software to large companies for recruitment purposes. While applicants are interviewed from the comfort of their own homes, up to 20,000 data points can be collected from this type of interview and analysed instantaneously using algorithms to find the right employee. However, many legal issues have arisen following the introduction of this software.

ICC construction industry arbitration report
Norton Rose Fulbright
  • Arbitration & ADR
  • International
  • 20 June 2019

The International Chamber of Commerce Commission recently published an update to its report on construction industry arbitration, focusing on recommended tools and techniques for effective management. The report is a helpful reminder for practitioners and arbitrators of the procedural mechanisms available which are particularly relevant to the conduct of arbitration in the construction sector.

Quiet enjoyment letters – benefit to lenders?
Wikborg Rein
  • Shipping & Transport
  • International
  • 19 June 2019

Quiet enjoyment letters are often used where a ship, rig or other unit being financed is subject to a long-term charterparty to govern the interrelationship between the owner, its financiers and the charterer. They provide the charterer with a right to the undisturbed use and enjoyment of the ship, independent of whether the owner in its capacity as borrower is in default of its obligations towards its lender under the loan agreement. But do quiet enjoyment letters have any benefit for lenders?

Construction disputes: maximising time and cost efficiencies
Norton Rose Fulbright
  • Arbitration & ADR
  • International
  • 13 June 2019

In construction disputes, a significant amount of legal time (and therefore expense) is often spent simply locating and trying to understand the relevance of key documents because of poor document management practices throughout the project lifecycle. Establishing clear guidelines for document management and information collection is critical and will assist contractors and suppliers in making and evidencing claims in arbitration.

Expert evidence: practical tips for managing party-appointed experts
Norton Rose Fulbright
  • Arbitration & ADR
  • International
  • 30 May 2019

The expert phase is often the most critical, and sometimes costly, part of the arbitration process. Thus, choosing the right expert is crucial. This means ensuring not only that the expert has the appropriate qualifications, technical expertise and reputation in the relevant field, but also (if possible) suitable experience of the dispute process and of writing expert reports and giving evidence in adversarial proceedings. This article offers some practical tips for managing party-appointed experts in arbitrations.

Is it time to consider blockchain-based trusts?
Forsters LLP
  • Private Client & Offshore Services
  • International
  • 30 May 2019

With the slow but inexorable process of tokenisation, whereby real-world assets are moved onto blockchains and represented by tokens, it is only a matter of time before trust practitioners will need to look at blockchain-based trusts or 'smart trusts'. However, the beauty of the modern trust is its flexibility and the beauty of blockchain is its pre-programmability and immutability. Can these two worlds really come together?

Dispute resolution for multi-contract projects: avoiding parallel proceedings and conflicting decisions
Norton Rose Fulbright
  • Arbitration & ADR
  • International
  • 23 May 2019

Construction contracts are often part of a wider suite of project contracts, involving multiple, overlapping parties. This intertwined suite of contracts means that when a dispute arises, it arises under multiple project contracts, which can be difficult to deal with. Choosing arbitration as the dispute resolution procedure for each project contract – and ensuring that the arbitration agreement in each project contract is consistent – will help parties to achieve consolidation of future disputes under different project contracts.

The art of war: keeping and attracting talent in disrupted labour markets
Carey Olsen Bermuda
  • Employment & Benefits
  • International
  • 24 April 2019

There are several steps that employers can take to mitigate the risk of their employees leaving to join a competitor. Many employers already offer incentive-based remuneration packages which aim to align their longer-term interests with those of their employees. While such long-term incentive plans, together with a clear communication strategy, can assist with retention, employers should actively consider additional measures.

Addressing #MeToo in M&A
Ropes & Gray LLP
  • Corporate Finance/M&A
  • International
  • 17 April 2019

Companies in all industries are facing heightened reputational and legal risks in the #MeToo era, as employees are more likely to identify and report instances of misconduct or discrimination in the workplace (and such instances are more likely to become public). In the world of M&A, reputational and legal risks are ultimately risks to the bottom line – prompting private equity sponsors, institutional investors and strategic purchasers to focus on #MeToo issues when sourcing, diligencing and negotiating investments.

Ship and rig recycling: frequently asked questions
Wikborg Rein
  • Shipping & Transport
  • International
  • 20 February 2019

International conventions and local regulations combine to create a complex legal regime, which is often overlooked. The sale of a ship or rig to an intermediate buyer, which then sells the asset on to a shipbreaking facility, will not necessarily insulate the original owner from future liability or reputational damage. This article addresses a number of frequently asked questions which owners and other parties involved in transboundary movements of marine assets for recycling may find helpful.

Baltic and International Maritime Council adopts clauses to reduce sulphur emissions
Kincaid | Mendes Vianna Advogados
  • Shipping & Transport
  • International
  • 06 February 2019

The Baltic and International Maritime Council recently published two new clauses which require time charterparties to reduce sulphur emissions. The clauses regulate the effects of Annex VI of the International Convention for the Prevention of Pollution from Ships, which stipulates that, from 1 January 2020, vessels will be able to consume only fuel with a sulphur content less than or equal to 0.5%.