It is an old adage that the quality of any arbitration as a method of dispute resolution is only as good as the arbitrators themselves. The lack of substantial scrutiny over the arbitrators’ decision rests on the assumption that the parties wish to avoid any extensive review of the arbitral award by the courts at the seat of the arbitration (or indeed anywhere else).
Harneys: British Virgin Islands positioned to become an international arbitration centre
The British Virgin Islands’ (BVI) Arbitration Act 2013 came into force on 1 October 2014. It is a landmark piece of legislation which is expected to propel alternative dispute resolution in the BVI into high gear. The BVI is now well-positioned to become a leading jurisdiction for international arbitration. The Act incorporates these main features:
CMS: Crowdfunding litigation – power to the people?
Tim Hardy
Partner, CMS
David Bridge
Senior associate, CMS
When the people of France gave the Statue of Liberty to the US in 1886, they left it to the people of the US to fund the acquisition of a site and build the pedestal. Fundraising proved difficult until the publisher of the New York World started a campaign that attracted over 120,000 donations, most of which were less than a dollar.
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Latham & Watkins: Masterminding a fraud claim – the English courts as a magnet forum?
The world is an increasingly small place: money travels far and fast across seemingly invisible borders converting from cash into assets, back into cash, and then back into yet further assets at the click of a button.
Legal privilege: the ripples flow on still from Three Rivers
Colin Passmore assesses a key ruling in the increasingly contentious area of legal privilege.
In June this year, the Hong Kong Court of Appeal held that the English Court of Appeal decision in Three Rivers (No.5) [2003] does not represent Hong Kong law. This is, of course, the 2003 English Court of Appeal decision well-known for the challenges it presents companies who wish consultations with their legal advisers to benefit from the protection of legal advice privilege.
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Economic recovery will not lead to decline in the disputes sector
We are delighted to sponsor the Disputes Yearbook, which now forms a central part of Legal Business’ wide-ranging and insightful disputes coverage.
There is no doubt that litigation continues to be a dynamic and rapidly developing sector of the legal market. Although there is a possibility that the improving economic climate will have a negative impact on a sector that is, to some degree, counter-cyclical, it is the rise in regulation and enforcement, and the rise in international arbitration, which show no signs of slowing and continue to drive the market.
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The conservation game – up close with New York’s original inner circle
Amid a changing global legal market, three storied Wall Street firms retain commanding reputations. Legal Business assesses New York law’s enduring inner circle.
‘Almost all absurdity of conduct arises from the imitation of those whom we cannot resemble.’
Samuel Johnson
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Striking out – a desperate profession and the politics of legal aid
It’s over two years since the government announced its controversial next wave of cuts to legal aid. As resentment this year exploded into an unprecedented strike, Legal Business assesses the anger and professional horse-trading.
‘A revolution requires willing fighters with nothing to lose. There may be plenty of legal aid practitioners who fit this description. Revolution also requires a reasonable level of popular support. It is unclear whether the unity of the profession remains sufficiently robust or whether the movement as a whole has the energy it did two years ago. At this early stage, next steps are uncertain. The profession may choose conciliation, combat or a mixture of both – but, with little leverage left, whichever option it selects it must be totally committed to it.’
Tom Smith, The Justice Gap, 2015
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Sum of its parts: can King & Wood Mallesons match the hype?
After a promising first year for King & Wood Mallesons/SJ Berwin, its UK practice saw a bruising 12 months. Tom Moore reports on its efforts to regain the initiative.
The first 12 months of SJ Berwin’s merger with King & Wood Mallesons (KWM) seemed plain sailing. The expected fallout that often occurs after such a transformative merger hadn’t materialised, with just a handful of partner exits amounting to no more than the average churn at a big law firm. The partnership was supportive of the merger, which went live in November 2013. There were few abstentions and disputes partner Tim Taylor QC even starred in a high-energy dance routine in a Dubai swimming pool to celebrate the merger, becoming a minor viral hit in the process.
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LB100: The Top 25 – The world turned upside down
The predicted comeback year for the UK legal elite instead turned industry trends and conventional wisdom on their head. Legal Business jumps down the rabbit hole and tries to make sense of it all.
‘Now, here, you see, it takes all the running you can do, to keep in the same place. If you want to get somewhere else, you must run at least twice as fast as that!’ The Red Queen, Lewis Carroll, Through the Looking-Glass
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