Asialaw - Clarity for Corporate Counsel

Dispute resolution

• December 2008

  Chapter 11 jeopardises Lehman minibond rescue
  Banks’ buyback of Lehman Brothers minibonds may be blocked under the US’s Chapter 11 bankruptcy protection

• International Court of Arbitration opens in Asia
  The Paris-based International Court of Arbitration opened its first Asian office in Hong Kong in November. It is the Court’s first branch outside Paris

• Paul Hastings successfully defends Korean pharmaceuticals company

• Plus one for Sidley in Singapore

• ICC targets growing arbitration demand
  Amid much fanfare, the Paris-based International Chamber of Commerce’s International Court of Arbitration opened a secretariat branch in Hong Kong in mid-November, with a liaison office also opening in Singapore

• Enforce and improve
  The enforcement of judgments in the PRC has often been considered challenging and unpredictable. One problem often encountered by foreign parties is that of local protectionism; where local governments and courts protect local parties

• A new solution
  Despite a traditional anathema towards arbitration among financial institutions, its growing popularity is reflected in its increasing use in sovereign international lending, structured financing, and project financing documentation

• Certainty in chaos

• Paul Hastings defends Korean pharmaceuticals company
  Paul Hastings has defended Dong-A Pharmaceutical, a Korean pharmaceutical company in an international arbitration brought by a US biotech venture

• Chapter 11 jeopardises Lehman minibond rescue
  Banks’ buyback of Lehman Brothers minibonds may be blocked under the US’s Chapter 11 bankruptcy protection.

• November 2008

  International Court of Arbitration opens in Asia
  The Paris-based International Court of Arbitration has opened its first Asian office in Hong Kong. It is the Court’s first branch outside Paris

• Lehman inquiry must not become political
  The inquiry into Lehman’s minibonds failure must not become political, say observers

• A simple regime
  Hong Kong and China’s new reciprocal enforcement regime is a welcome move for those doing business on the mainland, but doubts remain over how it will operate in practice. By Chris Bisogni

• Akin Gump opens Abu Dhabi office

• October 2008

  Hong Kong regulators on defensive over minibonds
  Hong Kong’s regulators have defended themselves over accusations of a failure to monitor banks selling Lehman Brothers-linked minibonds

• The end of trial and error
  China’s arbitration system still suffers from the country’s poor judicial reputation. It shouldn’t. By Sonia Chan, staff writer

• Protectionism is stifling Chinese arbitral awards
  Arbitration systems in China may be maturing, but the PRC judiciary is painfully slow in enforcing awards

• Japan's arbitration phobia
  Japan has a long-established arbitration centre. Someone should use it. By Phil Taylor, deputy editor

• A nasty discovery
  Ernst & Young's Hong Kong court decision is a salutary lesson: companies must take electronic discovery seriously.

• Fifty ways to leave your lawsuit
  Taking a case to trial is by no means the only way of resolving litigation in the US

• Settling new scores
  Recent developments cement Hong Kong’s position as a leading arbitration centre for Asia

• Doing justice to Indonesia
  For years the country was crippled by corruption, but stringent reforms are helping improve the judicial system's image at home and abroad

• Arbitration court to open in New Delhi

• Herbert Smith welcomes back litigation partner

• Antitrust boost for White & Case Tokyo

• Ignore the myths of Chinese dispute resolution
  Don’t rely on preconceptions when drafting dispute resolution clauses in China

• September 2008

  Partner rejoins Herbert Smith’s litigation practice

• China anti-monopoly litigation is misguided
  The reported wave of anti-monopoly litigation in China is misguided and ill-advised. With no case law, and a cheaper and more effective alternative lying with the Anti-Monopoly Enforcement Agency, plaintiffs appear to be taking the wrong approach

• Chinese arbitration centre deluded over enforcements
  China International Economic and Trade Arbitration Commission (CIETAC) has defended Chinese courts’ records in enforcing foreign arbitral awards, but lawyers say the institution is misguided.

• July 2008

  Mediation tipped to be a key part of dispute resolution
  Dispute resolution is a fast-growing area of practice in Asia. Regional in-house counsel must contend with questions including the choice of dispute resolution method, use of escalation clauses, and selection of an arbitral seat, as well as dealing with a multitude of jurisdiction-specific issues. The 3rd Annual Asia Pacific Dispute Resolution Summit held in Singapore last month provided the perfect forum for discussion of these questions. Phil Taylor reports.

• June 2008

  India: India to open mediation centres in Haryana, Punjab

• April 2008

  China: Gide partner is first French arbitrator in Shanghai

• Singapore challenging Hong Kong as an international arbitration hub
  Although Hong Kong has a well-established arbitration system with plenty of lawyers available, more and more Asian firms are now turning to Singapore. Lower costs and close ties with India give Singapore advantages for South Asian dispute resolution. Phil Taylor reports.