In the field of mergers and acquisitions, warranties and indemnities introduced to share purchase agreements (SPAs) offer certain level of security and allocate risk for unsatisfied expectations. As such, they are the main source of claims arising from M&A transactions. In order for the warranties and indemnities to have a real impact they should be secured – but is this enough? To ease the buyer’s concern regarding the seller’s capacity to pay indemnification amounts, arbitration…
Asia Pacific Australia Final report of government inquiry into banking and financial services A Government inquiry is examining…
We are seeing increasing efforts between states and between courts to co-operate over enforcement of judgments. This is…
The ICC committed itself to make arbitration proceedings more efficient and transparent. To reach this objective, the institution has introduced several new policies in previous years. In 2016, the ICC began to publish arbitrators’ details on its website (see GAN: New Year, New Policies: ICC to bolster arbitrator efficiency and transparency in arbitrations and GAN: ICC publishes arbitrator’s details – A new level of transparency). 2019 begins with a further attempt to bolster efficiency and…
Governments around the world are becoming increasingly aware of the competition that exists for international disputes work, between…
A new generation of legal analysis tools is emerging. All of them rely on innovative use of data,…
The never-ending clash between the Civil Law and Common Law traditions in international arbitration took center-stage once again in 2018, with the introduction of the Inquisitorial Rules on the Taking of Evidence in International Arbitration, or the “Prague Rules”. Lawyers from the Civil Law tradition, increasingly dissatisfied with the IBA Rules on the Taking of Evidence in International Arbitration, introduced the Prague Rules as an alternative to the “adversarial approach” embodied in the IBA Rules.…
The Hong Kong Government has just announced that the provisions permitting third party funding in arbitrations will operate…
On 31 October 2018, Australia was the 6th country to ratify the Comprehensive and Progressive Agreement for Trans-Pacific…
On 1 November 2018, the revised HKIAC Arbitration Rules entered into force (see GAN: New HKIAC Administered Arbitration Rules further enhance efficiency of arbitrations). HKIAC has followed a recent trend in international arbitration and has introduced a provision providing for “Early Determination Procedures”. Under the new Article 43 a party may seek an early decision of the tribunal on factual or legal issues. Article 43(1) provides: The arbitral tribunal shall have the power, at the…