Arb-Med-Arb could benefit cases where the parties have a mutual interest in preserving a longer-term continuing relationship. Peter Pettibone introduces this innovative technique.Read More
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Introduction Trade secrets protection clauses are often embedded in distribution contracts over the sale of technical parts for the manufacturing industry. Such clauses ought to be carefully designed when products and materials will be exported to a foreign country. Alongside the issue of protecting a company’s own confidential business information, the large scale distribution of […]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
Even when parties in international negotiations agree on using a common language particular word may mean different things to different people. Giacomo Paro and Jessica Scott Banfield draw on their experience in Brazilian law to crack this ARD dilemma.Read More
The New EU-China Investment Agreement: Implications for German companies doing
The EU may have frozen its ratification of its Comprehensive Agreement on Investment with China. But what would it actually mean for German business where it to be implemented in the future and what are investors missing out on? Heman Knott analyses the CAI that has been put on hold.Read More
Lorenzo Biamonti explains what China's revised Anti-unfair Competition Law means for licensing intellectual property and trade secrets.Read More
Bernando Cartoni addresses the topic of arbitrator’s bias by considering two recent and landmark decisions.Read More
All non-disclosure clauses that are an integral part of another contract involving an EU-based party must now be examined in the light of EU Directive 2016/943. Sven Regula guides you through what this means for contract negotiation.Read More
Introduction Identifying the parties in dispute correctly is of paramount importance and any mistake can determine the nullity of the arbitral award. A very recent decision of the Hong Kong Court of First Instance provides a helpful illustration of this problem. Facts of the case and ratio decidendi In this case (AB v CD, [2021] […]Read More