Disputes Yearbook: Foreword – Stewarts: Groundhog Day?

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Disputes Yearbook: Foreword – Stewarts: Groundhog Day?

A quick scan of the inevitable January opinion pieces predicting trends in the litigation market for the year ahead gives a fairly consistent view of topics we are likely to see. Against a backdrop of continued economic and geopolitical instability, ongoing inflation, high interest rates and supply chain disruption, commentators foresee an increase in insolvency-related litigation and disputes resulting from pressure on commercial contracts. The same factors are likely to increase loan defaults and distressed debt claims. In addition, frauds inevitably emerge in the wake of failing businesses.

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Two themes in arbitration cases before the English courts: state parties and the nature and extent of the court’s pro-arbitration approach

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Two themes in arbitration cases before the English courts: state parties and the nature and extent of the court’s pro-arbitration approach

Stewarts on some recent developments in arbitration in the UK

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Navigating dispute resolution: Exploring expert determination mechanisms – Polish perspective

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Navigating dispute resolution: Exploring expert determination mechanisms – Polish perspective

Sołtysiński Kawecki & Szlęzak on the increasing importance of dispute adjudication boards

In recent years, court proceedings in Poland have been taking increasingly longer. The natural answer to this is arbitration, but unfortunately, in business reality even arbitration turns out to be too long for the parties. Probably for this reason we observe seeking for dispute avoidance by incorporating different kinds of dispute-resolving mechanisms into contracts. Does it have a chance of working? Continue reading “Navigating dispute resolution: Exploring expert determination mechanisms – Polish perspective”

Bifurcation – More risk than reward?

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Bifurcation – More risk than reward?

Gernandt & Danielsson look at the recent trend of bifurcation in Swedish litigation and arbitration

Like most other legal practices, arbitration and litigation are sensitive to trends. Arbitration even more so, due to its flexibility and dispositive nature compared to the many times rigid and robust procedural codes that – for better or for worse – tend to bar more creative approaches from the courts or counsel. Continue reading “Bifurcation – More risk than reward?”