The Last Word – The client’s view

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Interviewed for our annual in-house report, general counsel (GCs) at leading companies give us their views on panels, pricing, regulation and diversity

Law across borders

‘We are going to see a lot more cross-border, multinational transactions that involve an in-depth legal scope well beyond the UK Companies Act. In-house lawyers, especially at the GC level, even if they just manage a local UK business, are going to see a lot more cross-border transactions and complexity. In my experience, law firms in the UK, especially in the South East and London, are much more flexible and open about the discussion on alternative billing than firms in New York.’

Bill Mordan, senior vice president and group GC, Reckitt Benckiser

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Guest post: Full of sound and fury on human rights – the Conservative’s British Bill of Rights

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The Conservative plan for a ‘British Bill of Rights and Responsibilities’ is finally being made clear today. The tone of the proposals is harsh and uncompromising, and politically calculated to be. Lawyers will be shocked, and yes, some of their clients will be worse off. Tory Eurosceptics and tabloids will be jubilant, and potential UKIP voters impressed.

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Like clockwork

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 MARKET VIEW – ARBITRATION 

Why are so few awards rendered by the Swiss Chambers’ Arbitration Institution subject to challenge proceedings in the country’s courts? Rainer Füeg, the institution’s Executive Director, speaks to Lenz & Staehelin partner Martin Burkhardt

Martin Burkhardt, Lenz & Staehelin: With a growing number of arbitral institutions, why should a party use your institution?

Rainer Füeg, Swiss Chambers’ Arbitration Institution: Arbitration proceedings under the Swiss rules of international arbitration are efficient, reliable and cost-effective. They are administered in four languages: English, German, French and Italian. In arbitration proceedings where the amount in dispute does not exceed CHF1m, expedited procedures will apply; in such cases, the award shall be made within six months from the date on which the secretariat of the Institution submitted the file to the arbitral tribunal. More generally, the members of the institution and its arbitral tribunal are experienced international arbitration practitioners.

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Hong Kong Horizons

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 MARKET VIEW – ARBITRATION 

Armed with a new set of institutional rules, the HKIAC’s secretary general, Chiann Bao, discusses the importance of providing a flexible, cost-efficient approach to international arbitration with Quinn Emanuel’s John Rhie

‘Users have always appreciated the transparency and neutrality of our administration,’ says Chiann Bao, the Hong Kong International Arbitration Centre (HKIAC)’s secretary general, of the institution she has served for the past four-and-a-half years. Such assurances are timely, given the release in June by China’s State Council of a white paper demanding that judges in Hong Kong ‘love the country’. This is seen by some commentators as a threat to the judicial independence guaranteed by the ‘one country, two systems’ formula in place since the 1997 handover.

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The Movie Business

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 MARKET VIEW – ARBITRATION 

Freshfields’ head of international arbitration, Lucy Reed, talks to Singapore International Arbitration Centre chief executive, Lim Seok Hui, about the institution’s recent rise to prominence

Lucy Reed, Freshfields Bruckhaus Deringer: Singapore International Arbitration Centre (SIAC)’s reputation in the market has skyrocketed in the last five years. What are some of the factors which have led to that growth?

Lim Seok Hui, SIAC: It was certainly no coincidence that the spike in new case numbers we have seen since 2008 corresponded with the entry onto the world stage of the Chinese, Indian, Indonesian, Japanese and Korean economies. That is of course a key factor in the growth of the institution. Underpinning and assisting that development is the fact that the government of Singapore was very quick to lay the infrastructure needed for the advancement of international commercial arbitration in our jurisdiction, and to adopt the necessary legislation to allow us to keep up to speed with global best practices. We also have a very supportive judiciary which built upon Singapore’s reputation for neutrality, integrity and quality more generally as regards our legal sector.

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Guest post: The Blind Men & Big Data – what does Big Data mean for law firms?

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A few weeks ago I returned from the 37th annual ILTA education conference, which was held this year at the Gaylord Opryland hotel in Nashville.The Gaylord in Nashville is not my favorite venue. It was cobbled together from the original Opryland Hotel when the Gaylord company decided to build conference destinations. It’s difficult to easily get from one area of the structure to another, and easy to get lost, The Gaylord hotels in Dallas and Washington are purpose-built and much more ‘user friendly.’

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The Innovator

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 MARKET VIEW – ARBITRATION 

What’s next for the institution that pioneered the now-ubiquitous emergency arbitrator provision? WilmerHale partner John Pierce talks to American Arbitration Association senior vice president Richard Naimark to find out

In the context of dispute resolution, ‘US-style’ rarely denotes a positive quality. Be it for the brand of aggressive cross-examination practised in courts from New York to Nevada, or a class action system whose excesses are slammed by European legislators when introducing their own forms of collective redress, American lawyers are seen by many as having much to answer for. Such criticisms are to some extent offset by the influence such practitioners continue to exert on the global stage, with international arbitration being no exception. Indeed, London-headquartered Freshfields Bruckhaus Deringer aside, the industry’s busiest players are, to a firm, American. Given this predominance, it is to be expected that US-style practices would bleed into international arbitration – the most unloved and increasingly prevalent of which remains its approach to document production.

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Running the rule

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 MARKET VIEW – ARBITRATION 

Shortly before the LCIA’s rule revisions came into effect on 1 October, the institution’s director general Jacomijn van Haersolte-van Hof met with WilmerHale partner Steven Finizio to discuss how its provisions fit into her vision for the future

Steven Finizio, Wilmer Cutler Pickering Hale and Dorr: The growth of the London Court of International Arbitration (LCIA)’s case numbers has been a notable development in recent years. Why are more and more parties now choosing the institution?

Jacomijn van Haersolte-van Hof, LCIA: Our overriding – and unique – selling point is the balance we strike between a light-touch approach wherever possible and being more directional only when necessary. If parties are able to take care of themselves, as many are, we look to be in their way as little as we can. It’s not a one-size-fits-all style of administration, which is something I experienced as counsel and arbitrator, so it’s interesting now to see the philosophy from the other side. We are also increasingly emphasising the truly international character of the LCIA. This is demonstrated not only by hires such as mine, but by the fact that we are now seeing parties choose non-London seats, which people should not forget is possible. We don’t want the institution to be perceived as being overly pro-London.

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Looking to the future

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 MARKET VIEW – ARBITRATION

Three Crowns’ Jan Paulsson looks at how little we know about arbitration in the present and what that means for predicting the future

Speculating about the future of international arbitration is a more comfortable activity than speculating about its present, because as long as we are not talking about the near future we will not be proved wrong, or be criticised for not knowing the unknowable. But are we really entitled to assert very much about the future when we in truth know so little about the present? We are indeed reduced to speculating about the present, and it is worth reflecting on the causes and consequences of finding ourselves in such a frustrating (and humbling) predicament.

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Made to measure?

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 MARKET VIEW – ARBITRATION

CMS Cameron McKenna’s Guy Pendell and Lindy Patterson QC assess industry sectory arbitration and the role of the specialist institution

Arbitration is available to resolve almost any dispute between parties capable of giving legal consent. Arbitration is available for religious groups through Beth Din (for the Jewish community) and the Muslim Arbitration Tribunal (providing arbitration in accordance with Islamic Sacred Law). Meanwhile, disputes between the NHS and service providers, salary disputes for US National Hockey League players and disputes over sharemilking in New Zealand’s dairy regions can all be determined by specialist arbitration procedures. Continue reading “Made to measure?”