Introduction Should a variation of price clause be introduced to the construction industry? Covid-19 has forced almost anyone who has signed a contract or an agreement to review their obligations and seek ways to mitigate catastrophic damages caused by the unprecedented pandemic over the past two years. Some contracts were renegotiated and varied to prepare for the worst possible scenario. […]Read More
Virtual hearings in international arbitration have received significant attention, both among scholars and practitioners, since the start of Covid-19 pandemic. Before the pandemic it was used in exceptional cases or less significant hearings, such as case management conferences. Suddenly it has gained worldwide attention among the general business community and arbitration professionals alike. Virtual hearings […]Read More
When contracting with Chinese parties it is crucial to select and draft jurisdiction and dispute resolution clauses carefully. This will dramatically increase the chances of a spontaneous performance of a judgement or award and smooth enforcement, in case the counterparty does not obey. To this regard, PRC laws offer the contracting parties the right to […]Read More
What are the challenges for the successful party in a mediation who wants to enforce a voluntary award? What are the specificities of voluntary awards following a mediation-arbitration (Med-Arb) or arbitration-mediation-arbitration (Arb-Med-Arb) negotiation, or in a civil law jurisdiction? Which problems are posed by non-domestic awards? To give you an idea of how to handle […]Read More
Legal rankings have long been seen as an identifier of a firm’s or individual’s success in their field. But with new directories and publications popping up left, right, and centre it can be difficult to determine their legitimacy. However, with a little guidance and a rudimentary understanding of marketing tactics, which I will provide below, […]Read More
Even when parties in international negotiations agree on using a common language particular words may mean different things to different people. Knowing how others interpret what you are saying will make you a far better negotiator. Read More
Which sources of law grant the EU the right to play a primary role in taking on financial debt?Read More
The paralysis of the Appellate Body poses a danger for the survival of the WTO trade system. How could ad hoc members provide a solution to the appeal gridlock?Read More
When concluding contracts in a Western “legal” culture, the parties normally write lengthy contracts with numerous clauses. Perhaps, this is to justify the legal fees to our clients. When reviewing the first sales contract between Asian parties, I recall being genuinely surprised. The contract was short with very concise clauses, possibly even double spacing. Of […]Read More
Introduction In the recent years, the World Trade Organization (WTO) has been subject to severe criticisms on account of its inability to conclude any negotiations. The lack of consensus among its diverse membership, who differ considerably in terms of their economic and socio-political structures and interests, has been at the core of the discussion. In […]Read More
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