Jurisdiction and Cross-border

This note address the issues that arise when it is possible for a party to bring proceedings in the courts of England and Wales, or the US. The note: Considers the key procedural differences between English and US litigation. Identifies major differences in the substantive laws of the two jurisdictions. Discusses the practical issues facing litigants in transatlantic litigation.

A table outlining the key stages of the reform of Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Regulation).

This note provides an overview of the law on privilege in 23 jurisdictions as at 30 July 2009. Where relevant, it will be necessary to check whether the law has changed since then.

This article outlines the treatment of the arbitration exclusion in the recast Brussels Regulation and provides a preliminary assessment of whether the amendments have resolved the existing problems with the interface between arbitration and the Brussels Regulation.

A Q&A guide to arbitration law and practice in Spain. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg.

The UK Supreme Court has issued a decision relating to the enforcement of state assets in SerVaas Incorporated v Rafidain Bank and others [2012] UKSC 40. This decision provides guidance on the scope of the "commercial purposes" exception from immunity from execution.

The Country Q&A tool enables subscribers to search the Country Q&A in the PLC Arbitration multi-jurisdictional guide by question and jurisdiction. Simply select the questions and the jurisdictions that you are interested in and click the "submit" button. Please note that the law stated dates for each jurisdiction covered may not be the same. To check the law stated dates for each jurisdiction, please visit the individual article.

A Q&A guide to arbitration law and practice in South Korea. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg.

As the incidence of commercial disputes involving litigants in different jurisdictions increases, supra-national legislators, including the institutions of the EU, seek to improve the efficacy and ease with which cross-border disputes are handled. This analysis article examines the key pieces of legislation that have been enacted by the EU towards harmonising litigation and dispute resolution procedures across its member states. This article examines proposals for reform of Brussels I, including reform of the current rules on recognition and enforcement of judgments and a proposed interface between Brussels I and arbitration. This article also discusses the Insolvency Regulation, the European Enforcement Order Regulation, the Service of Documents Regulation, the Evidence Regulation, the European Order for Payment Regulation, the Small Claims Regulation and the Mediation Directive. This article is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg.

A Q&A guide to dispute resolution law in Hong Kong. The country-specific Q&A gives a structured overview of the key practical issues concerning dispute resolution in this jurisdiction, including court procedures; fees and funding; interim remedies (including attachment orders); disclosure; expert evidence; appeals; class actions; enforcement; cross-border issues; the use of ADR; and any reform proposals. To compare answers across multiple jurisdictions visit the Litigation and enforcement Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg.

A Q&A guide to dispute resolution law in Singapore. The country-specific Q&A gives a structured overview of the key practical issues concerning dispute resolution in this jurisdiction, including court procedures; fees and funding; interim remedies (including attachment orders); disclosure; expert evidence; appeals; class actions; enforcement; cross-border issues; the use of ADR; and any reform proposals. To compare answers across multiple jurisdictions visit the Litigation and enforcement Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg.

A Q&A guide to arbitration law and practice in Brazil. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg.

A Q&A guide to arbitration law and practice in Malta. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg.

A Q&A guide to arbitration law and practice in Turkey. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg.

A Q&A guide to dispute resolution law in Malta. The country-specific Q&A gives a structured overview of the key practical issues concerning dispute resolution in this jurisdiction, including court procedures; fees and funding; interim remedies (including attachment orders); disclosure; expert evidence; appeals; class actions; enforcement; cross-border issues; the use of ADR; and any reform proposals. To compare answers across multiple jurisdictions visit the Litigation and enforcement Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg.

A Q&A guide to dispute resolution law in Sweden. The country-specific Q&A gives a structured overview of the key practical issues concerning dispute resolution in this jurisdiction, including court procedures; fees and funding; interim remedies (including attachment orders); disclosure; expert evidence; appeals; class actions; enforcement; cross-border issues; the use of ADR; and any reform proposals. To compare answers across multiple jurisdictions visit the Litigation and enforcement Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg.

It may be very difficult, if not impossible, to obtain an anti-suit injunction preventing a party from commencing or continuing proceedings before another court (or arbitral tribunal), in order to enforce an arbitration agreement. An alternative to the anti-suit injunction is the anti-enforcement injunction: an order enjoining a party to an arbitration agreement from enforcing an award or a court judgment. This article considers both anti-suit injunctions and anti-enforcement injunctions, including: anti-suit injunctions issued by state courts; anti-suit injunctions issued by arbitral tribunals; and a review of the anti-enforcement injunctions as a variant of anti-suit injunction. This article is part of the PLC Arbitration multi-jurisdictional guide. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg.

A Q&A guide to arbitration law and practice in Austria. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg.

A Q&A guide to arbitration law and practice in China. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg.

A Q&A guide to arbitration law and practice in France. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg.

A Q&A guide to arbitration law and practice in Hungary. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg.

A Q&A guide to arbitration law and practice in Italy. The Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg.

A Q&A guide to arbitration law and practice in Lithuania. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg.

A Q&A guide to arbitration law and practice in South Africa. The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg.

A Q&A guide to arbitration law and practice in the UK (England and Wales). The country-specific Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. To compare answers across multiple jurisdictions visit the Arbitration procedures and practice Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg.

This article provides an overview of the product liability exposure of foreign manufacturers in the US. It considers the relevant substantive law, providing analysis of the tactics used by claimants against foreign corporates, and discussing the ways in which foreign manufacturers can minimise their exposure. This article is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg.

This table sets out, for 32 jurisdictions, which countries' judgments can be enforced in the local courts. This table has been derived from the Country Q&As of the PLC multi-jurisdictional guide to dispute resolution. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg.

A Q&A guide to dispute resolution law in Argentina. The country-specific Q&A gives a structured overview of the key practical issues concerning dispute resolution in this jurisdiction, including court procedures; fees and funding; interim remedies (including attachment orders); disclosure; expert evidence; appeals; class actions; enforcement; cross-border issues; the use of ADR; and any reform proposals. To compare answers across multiple jurisdictions visit the Litigation and enforcement Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg.

A Q&A guide to dispute resolution law in Brazil. The country-specific Q&A gives a structured overview of the key practical issues concerning dispute resolution in this jurisdiction, including court procedures; fees and funding; interim remedies (including attachment orders); disclosure; expert evidence; appeals; class actions; enforcement; cross-border issues; the use of ADR; and any reform proposals. To compare answers across multiple jurisdictions visit the Litigation and enforcement Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg.

A Q&A guide to dispute resolution in Canada. The country-specific Q&A gives a structured overview of the key practical issues concerning dispute resolution in this jurisdiction, including court procedures; fees and funding; interim remedies (including attachment orders); disclosure; expert evidence; appeals; class actions; enforcement; cross-border issues; the use of ADR; and any reform proposals. To compare answers across multiple jurisdictions visit the Litigation and enforcement Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg.

A Q&A guide to dispute resolution law in China. The country-specific Q&A gives a structured overview of the key practical issues concerning dispute resolution in this jurisdiction, including court procedures; fees and funding; interim remedies (including attachment orders); disclosure; expert evidence; appeals; class actions; enforcement; cross-border issues; the use of ADR; and any reform proposals. To compare answers across multiple jurisdictions visit the Litigation and enforcement Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg.

A Q&A guide to dispute resolution law in Egypt. The country-specific Q&A gives a structured overview of the key practical issues concerning dispute resolution in this jurisdiction, for example, court procedures; fees and funding; interim remedies (including attachment orders); disclosure; expert evidence; appeals; class actions; enforcement; cross-border issues; the use of ADR; and any reform proposals. To compare answers across multiple jurisdictions visit the Litigation and enforcement Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg.

A Q&A guide to dispute resolution law in Hungary. The country-specific Q&A gives a structured overview of the key practical issues concerning dispute resolution in this jurisdiction, including court procedures; fees and funding; interim remedies (including attachment orders); disclosure; expert evidence; appeals; class actions; enforcement; cross-border issues; the use of ADR; and any reform proposals. To compare answers across multiple jurisdictions visit the Litigation and enforcement Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg.

A Q&A guide to dispute resolution law in Ireland. The country-specific Q&A gives a structured overview of the key practical issues concerning dispute resolution in this jurisdiction, including court procedures; fees and funding; interim remedies (including attachment orders); disclosure; expert evidence; appeals; class actions; enforcement; cross-border issues; the use of ADR; and any reform proposals. To compare answers across multiple jurisdictions visit the Litigation and enforcement Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg.

A Q&A guide to dispute resolution law in Japan. The country-specific Q&A gives a structured overview of the key practical issues concerning dispute resolution in this jurisdiction, including court procedures; fees and funding; interim remedies (including attachment orders); disclosure; expert evidence; appeals; class actions; enforcement; cross-border issues; the use of ADR; and any reform proposals. To compare answers across multiple jurisdictions visit the Litigation and enforcement Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg.

A Q&A guide to dispute resolution in Luxembourg. The country-specific Q&A gives a structured overview of the key practical issues concerning dispute resolution in this jurisdiction, including court procedures; fees and funding; interim remedies (including attachment orders); disclosure; expert evidence; appeals; class actions; enforcement; cross-border issues; the use of ADR; and any reform proposals. To compare answers across multiple jurisdictions visit the Litigation and enforcement Country Q&A tool. The Q&A is part of the multi-jurisdictional guide to dispute resolution. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg. 

A Q&A guide to dispute resolution law in the Russian Federation. The country-specific Q&A gives a structured overview of the key practical issues concerning dispute resolution in this jurisdiction, including court procedures; fees and funding; interim remedies (including attachment orders); disclosure; expert evidence; appeals; class actions; enforcement; cross-border issues; the use of ADR; and any reform proposals. To compare answers across multiple jurisdictions visit the Litigation and enforcement Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg.

A Q&A guide to dispute resolution law in Switzerland. The country-specific Q&A gives a structured overview of the key practical issues concerning dispute resolution in this jurisdiction, including court procedures; fees and funding; interim remedies (including attachment orders); disclosure; expert evidence; appeals; class actions; enforcement; cross-border issues; the use of ADR; and any reform proposals. To compare answers across multiple jurisdictions visit the Litigation and enforcement Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg.

A Q&A guide to dispute resolution law in the UK (England and Wales). The country-specific Q&A gives a structured overview of the key practical issues concerning dispute resolution in this jurisdiction, including court procedures; fees and funding; interim remedies (including attachment orders); disclosure; expert evidence; appeals; class actions; enforcement; cross-border issues; the use of ADR; and any reform proposals. To compare answers across multiple jurisdictions visit the Litigation and enforcement Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg.

This article examines the recent decisions of the US Supreme Court and the Supreme Court of Canada on the enforceability of mandatory arbitration clauses in consumer contracts. In reaching their decision both courts purported to protect the same policy objectives, but arrived at somewhat different conclusions. The article discusses the issues raised by the cases, the reasoning behind each court's decision and the possible effect the rulings may have on future arbitrations. This article is part of the PLC Arbitration multi-jurisdictional guide. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg.

This chapter outlines how the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules 2012 differ from the previous rules governing CIETAC, and considers the practical implications of the changes. This article is part of the PLC Arbitration multi-jurisdictional guide. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitration-mjg.

A Q&A guide to arbitration in Malaysia. The Q&A guide provides a structured overview of the key practical issues including, for example, any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. For a full list of recommended arbitration law firms and lawyers, please visit PLC Which lawyer? For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitrationhandbook.

A Q&A guide to arbitration law and practice in the United Arab Emirates. The Q&A guide provides a structured overview of the key practical issues including, for example, any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. For a full list of recommended arbitration law firms and lawyers in the United Arab Emirates, please visit PLC Which lawyer? For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitrationhandbook.

A Q&A guide to dispute resolution law in Taiwan. The Q&A gives a structured overview of the key practical issues including, for example, court procedures; fees and funding; interim remedies (including attachment orders); disclosure; expert evidence; appeals; class actions; enforcement; cross-border issues; the use of ADR; and any reform proposals. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg. 

The Japan update for June 2011 for the PLC Global Finance multi-jurisdictional monthly e-mail.

This chapter considers Hong Kong's new Arbitration Ordinance (Chapter 609 of the laws of Hong Kong), which was enacted on 11 November 2010, and will come into effect in June 2011. The chapter highlights some of the reforms brought about by the new Ordinance, and reviews how arbitral parties may benefit from the new Ordinance and the unique elements of the new arbitration system that it will introduce. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitrationhandbook.

An Article discussing recent developments in federal law that may potentially benefit class action defendants.

A Q&A guide to arbitration in Ukraine. This Q&A is part of the PLC multi-jurisdictional guide to arbitration. For a full list of jurisdictional Q&As visit www.practicallaw.com/arbitrationhandbook.

The Gulf states do not have a reputation for establishing user-friendly means of dispute resolution. Some jurisdictions, particularly Dubai and Bahrain, have taken steps to introduce innovative reforms to create a more welcoming environment for arbitration and make their courts more accessible to foreign parties. This article examines the reasons behind these reforms and looks at what is required to increase confidence in the dispute resolution procedures in the region. This article is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of contents visit www.practicallaw.com/disputehandbook.

This article considers two forms of dispute resolution clauses in M&A agreements: general dispute resolution clauses (usually, providing for arbitration) and expert determination clauses. Expert determination clauses are analysed in detail (in particular, their use in relation to technical issues such as closing accounts in M&A agreements, the rules governing expert determination, problems that can arise during an expert determination and possible solutions to these problems).  This article is part of the PLC multi-jurisdictional guide to arbitration. For a full list of contents visit www.practicallaw.com/arbitrationhandbook.

This article examines the extent of the right to admit new statements, claims and grounds for the claims, and present new evidence during the course of arbitration in Norway. It compares the position under the new Norwegian Civil Procedure Act 2005 (NCPA), and the Norwegian Arbitration Act 2004 (NAA). These two acts originate from the same reform of Norwegian civil procedure, but have slightly different legal effects due to their different wording and objectives. Comparison is also made to the position under the UNCITRAL Model Law on International Commercial Arbitration (UNCITRAL Model Law), which the NAA is closely based on. This article is part of the PLC multi-jurisdictional guide to dispute resolution. For a full list of contents visit www.practicallaw.com/disputehandbook.

An article evaluating the European Commission's proposals to bring arbitration-related court proceedings within the scope of the Brussels Regulation.

Professor Steven M. Davidoff writes on lessons learned from the Huntsman litigation against the acquisition financing lenders claiming tortious interference of contract.

A valid arbitration agreement forms the basis of any arbitration. The parties directly bound by the contract choose to waive their often constitutional right to bring a dispute before the ordinary state courts. Others, such as non-signatory third parties, may not be willing to waive their right to an ordinary court. This leads to the key question of when it is possible to extend an arbitration agreement to third parties. This article examines the legal framework of arbitration in Switzerland, a popular place for international arbitration, form requirements, a landmark decision of the Swiss Federal Supreme Court on this issue, the substantive validity of the agreement relating to third parties, the group of companies doctrine and prerequisites for piercing the corporate veil.

The recent economic crisis has seen the collapse of funds in various jurisdictions, including the Cayman Islands. In many instances, the value of a fund has been effectively wiped out. This brings into focus the extent to which these losses can be blamed on one or more of the professional advisers involved in the fund. This article identifies the professional advisers who may be exposed to such litigation and discusses the kind of remedies that may be available. In particular, it examines the sources of Cayman Islands law and the structure of the judicial system, relevant professional advisers and possible actions in contract law, tort law and equitable claims.

The London Court of International Arbitration (LCIA) has announced its "landmark decision" to publish its reasoned decisions on challenges to arbitrators. No other major arbitral institution publishes reasoned decisions. The LCIA's decision represents an extremely significant development in the international arbitration community. This article explores the importance of publication of such decisions generally for users of international arbitration, by reference to existing standards and guidelines. In particular, it examines independence and impartiality, the IBA Guidelines on Conflicts of Interest in International Arbitration, differences in approach between the IBA and the ICC, and the LCIA decision to publish reasoned challenge decisions.

Stakeholders in the life sciences industry are witnessing an increasing number of initiatives in the UK and across Europe to facilitate collective legal actions. There are a growing number of private sector entrants to the collective actions and third-party funding marketplace. The impact may increase the litigation risk in Europe, although it is important that this risk is not overstated. This article surveys key developments in collective actions and third-party funding at a European level and in a number of key European jurisdictions. It also discusses specific risks for the life sciences industry.

Key trends can be identified in IP litigation in relation to claimants using courts across Europe as their theatre of operations, litigants seeking new and innovative forms of declaratory relief, comparative advertising becoming a significant flashpoint in EU trade mark litigation and courts in China appearing to place greater emphasis on the protection of intellectual property rights. This chapter examines these trends in relation to patents, trade marks, designs and copyright.

Bilateral and multilateral investment treaties have flourished in recent years and can provide a means of reducing the risks involved in international investment. This article explains the typical protections such treaties can offer investors and outlines recent developments in the area.

This article reveals PLCWhich lawyer?'s top 20 arbitration specialists and examines the ever expanding nature of the work they undertake.

The decision of where to locate an international arbitration can have major implications for the outcome. This first of a two-part feature examines the factors to consider when making that decision and provides an overview of the approaches to arbitration practice and the attitudes of arbitrators in ten key jurisdictions.

An article looking at the progress of the Brussels Regulation reforms, following the European Parliament's resolution of 7 September 2010, and the key issues for commercial parties and practitioners.

On 20 December 2012, Denmark notified the European Commission of its decision to implement Regulation (EU) 1215/2013 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. This Regulation recasts Council Regulation (EC) 44/2001 of 22 December 2000 (Brussels I Regulation).

The European Parliament adopted the draft text of the recast Brussels Regulation at first reading on 20 November 2012.

We have published an article on the decision in La Générale des Carrières et des Mines v FG Hemisphere Associates LLC [2012] UKPC 27 in which the Privy Council ruled on the liability of state-owned corporations for debts of the state. (Free access).

In BNP Paribas SA v Open Joint Stock Company Russian Machines and another [2011] EWHC 308 (Comm), Blair J considered various issues relating to the service out of the jurisdiction of an arbitration claim form seeking anti-suit injunctive relief.

This article is part of the PLC Global Finance June 2011 e-mail update for Japan.

The European Commission has published its proposals for the reform of the Brussels Regulation.

An update on the establishment by the European Commission of a group of experts who may be consulted by the Commission on the interface between arbitration and the Brussels Regulation, and an invitation for individuals to apply by 17 May 2010.

An update on the Q&A tool contained in the PLC Dispute Resolution and Arbitration Handbooks 2009/10.

Publication of an Article, The reform of the Brussels Regulation: a crossroads for arbitration in Europe, by Andrew Pullen, Senior Associate, Allen & Overy LLP.

The National Association of Pension Funds (NAPF) and the Association of British Insurers (ABI) have indicated their concern about the introduction or maintenance of certain dispute resolution provisions in articles of association of publicly traded companies. However, the position of the NAPF and the ABI is potentially controversial, and is not necessarily substantiated when the empirical record is examined.

On 23 October 2008, the influential US Court of Appeals for the Second Circuit considered for the first time a so-called "foreign-cubed" case; that is, a securities fraud claim brought by a non-US investors against non-US defendants based on securities transactions outside the US. The court's analysis provides important guidance on activities that could bring non-US entities within the reach of US securities fraud litigation.

The International Centre for Settlement of Investment Disputes (ICSID) is now publishing on its website extensive details on procedural developments in ongoing ICSID proceedings. The information published includes the names of the parties, the subject matter of the dispute, the composition of the tribunal and, for each concluded case, the date and method of termination. The tribunal's reports of conciliation commissions or awards are also published where the parties have given their consent. Where consent has not been given, ICSID publishes excerpts of the tribunal's legal reasoning.These details were previously published only in hard-copy format. This new feature is part of the Centre's continuous efforts to make its case management activities more transparent. Source: ICSID

In SerVaas Incorporated v Rafidain Bank and others [2012] UKSC 40, the Supreme Court held that the commercial purposes exception to state immunity did not apply, and so dismissed an appeal against a decision upholding immunity from execution.

In La Générale des Carrières et des Mines v F.G. Hemisphere Associates LLC [2012] UKPC 27, the Privy Council considered the circumstances, if any, in which the assets of state-owned companies could be equated with the state and its assets.

In Citigroup Global Markets Ltd v Amatra Leveraged Feeder Holdings Ltd and others [2012] EWHC 1331 (Comm), the court considered an application for a stay of English proceedings and a challenge to its jurisdiction to grant declarations of non-liability.

In Enercon GmbH and another v Enercon (India) Ltd [2012] EWHC 689 (Comm), Eder J considered whether to grant permission to serve an arbitration claim form out of the jurisdiction, make an order appointing an arbitrator under section 18 of the Arbitration Act 1996, and continue interim anti-suit and freezing injunctions.

In Cosco Bulk Carrier Co Ltd v Armada Shipping SA and another [2011] EWHC 216 (Ch) (11 February 2011), the High Court considered whether arbitration proceedings should be stayed under the Cross-Border Insolvency Regulations 2006 (SI 2006/1030) and whether Swiss main insolvency proceedings constituted the appropriate venue for deciding the underlying dispute.

An update on Shashoua and another v Sharma [2010] EWCA Civ 15, in which permission to appeal was granted.