COURT OF APPEAL FINDS CONFLICT OF INTEREST WHERE EXPERT ORGANISATION WAS ACTING FOR AND AGAINST SAME CLIENT ON TWO SEPARATE BUT CONCURRENT RELATED ARBITRATIONS

15 February, 2021
In a recent post on our Construction Notes blog, James Doe and Noe Minamikata consider the decision of the English Court of Appeal in Secretariat Consulting PTE Ltd, Secretariat International UK Ltd and Secretariat Advisors LLC v A Company [2021] EWCA Civ 6, in which the Court dismissed an appeal against an order of the … Read more

SECTION 1782 UPDATE: U.S. SECOND CIRCUIT COURT OF APPEALS RULES THAT U.S. DISCOVERY CANNOT BE USED IN AID OF INTERNATIONAL COMMERCIAL ARBITRATIONS, SPLITTING FROM FOURTH CIRCUIT

05 August, 2020
On 8 July 2020, the US Second Circuit Court of Appeals rejected the application of § 1782 “discovery” to aid international commercial arbitration in In Re Application of Hanwei Guo for an Order to Take Discovery for Use in a Foreign Proceeding Pursuant to 28 U.S.C. § 1782 (2d Cir. Case No. 19-781, July 8, … Read more

CONSTRUCTION ARBITRATION PODCAST SERIES EPISODE 5: MANAGING CONSTRUCTION ARBITRATION PROCEDURE

10 June, 2020
We are pleased to share the fifth and final episode in our Construction Arbitration podcast series. In this episode Craig Tevendale (Partner, UK Head of International Arbitration) is joined by Liz Kantor (Senior Associate, International Arbitration) and Kemi Wood (Associate, Construction & Infrastructure Disputes) to talk about managing the procedure in construction arbitration. They discuss … Read more

LITIGATION IN MAINLAND CHINA UNDER NEW EVIDENCE RULES – PART 4

22 May, 2020
The Supreme Court of People’s Republic of China (SPC) formally promulgated the amended version of Several Provisions of the SPC on Evidence for Civil Litigation (New Evidence Rules) on 25 December 2019, which came into effect on 1 May 2020. There are many highlights in the New Evidence Rules. To provide readers with some guidance … Read more

LITIGATION IN MAINLAND CHINA UNDER NEW EVIDENCE RULES – PART 3

18 May, 2020
The Supreme Court of People’s Republic of China (SPC) formally promulgated the amended version of Several Provisions of the SPC on Evidence for Civil Litigation (New Evidence Rules) on 25 December 2019, which came into effect on 1 May 2020. There are many highlights in the New Evidence Rules. To provide readers with some guidance … Read more

LITIGATION IN MAINLAND CHINA UNDER NEW EVIDENCE RULES – PART 2

11 May, 2020
The Supreme Court of People’s Republic of China (SPC) formally promulgated the amended version of Several Provisions of the SPC on Evidence for Civil Litigation (New Evidence Rules) on 25 December 2019, which came into effect on 1 May 2020. There are many highlights in the New Evidence Rules. To provide readers with some guidance … Read more

Construction Arbitration Podcast Series Episode 4: Preparing your case

07 May, 2020
We are pleased to share the fourth episode in our Construction Arbitration podcast series, in which we look at the importance of case preparation, both at the outset of a case and beyond. In this episode James Doe (Partner, UK Head of Construction & Infrastructure Disputes), Maguelonne de Brugiere (Senior Associate, International Arbitration) and Olivia … Read more

SECTION 1782 UPDATE: U.S. FOURTH CIRCUIT COURT OF APPEALS HOLDS THAT U.S. DISCOVERY CAN BE USED IN AID OF INTERNATIONAL COMMERCIAL ARBITRATIONS AND SUPREME COURT MAY NOW RESOLVE THE CIRCUIT SPLIT

05 May, 2020
The U.S. Supreme Court may soon have occasion to decide whether parties involved in international arbitrations outside of the U.S. can rely on 28 USC § 1782, “Assistance to foreign and international tribunals and to litigants before such tribunals,” to seek discovery from entities in the United States. In October 2019, we noted in this … Read more