Efforts to provide more protection and encouragement to whistleblowers in the UK have taken a significant step forward this year – a stark reminder that now is the time for businesses to review their own procedures and policies.
With its population of just over 5.8 million, Denmark is home to powerhouses such as Mærsk, Carlsberg, Vestas and Novo Nordisk, and provides a welcome environment for arbitration – legislation and judgments are supportive, its legal approach bridges common and civil law, and the Danish Institute of Arbitration delivers a succinct and cost-effective means of …
Continue reading “Considerations for arbitration in Denmark”
As business has become increasingly global, the selection of an appropriate choice of governing law and jurisdiction to determine disputes arising from commercial contracts is of growing importance. It is an issue which can, and often does, significantly affect the outcome of the legal process. Dillon Eustace’s head of litigation, Kieran Cowhey, and partner John …
Continue reading “Forum shopping? The case for litigating in Ireland”
CMS’s John O’Connor and Harkee Wilson discuss the challenges and issues businesses face operating in the UAE and investigate some of the recent changes in the business environment.
The Indian legislature has in the last few years been at pains to promote India as a hub for international arbitration. The first step in that direction was the promulgation of the Arbitration and Conciliation (Amendment) Act 2015 (2015 Amendment), which was aimed at reducing the interference of courts in arbitration proceedings.
As referred to in its case law, the European Court of Human Rights has imposed an obligation on states to provide a mechanism to prevent or remedy excessive length of judicial proceedings. Also, in several resolutions, the Council of Europe’s Committee of Ministers has stated that ‘excessive delays in the administration of justice constitute an …
Continue reading “Civil court delays: assessing new remedies to speed up Romanian disputes”
Turkey markets itself as an arbitration friendly country and, as parliamentary reports indicate, this is premised on its goal to foster foreign trade. However, its courts do not always practise what the state preaches and it may become quite burdensome and costly to try to enforce foreign arbitral awards.
Basic principles of third-party funding Over the past 30 years, third-party dispute funding has experienced an exponential growth in civil and common law jurisdictions. As the common law doctrines of maintenance and champerty were softened or even abolished (most often in the context of international arbitration proceedings), third-party funding became a viable option for companies …
In recent years, Norwegian courts have transitioned to near-full electronic communication between the parties and the courts. Court hearings are more and more often paperless, and the use of long-distance meetings and examinations by way of video link is increasing. In this article, we put the spotlight on another aspect of digitalisation that is currently …
Continue reading “Recording and re-use of testimonies in Norwegian courts”
The Taiwan government has been actively promoting fintech development and there have been several major developments recently. The primary regulator of the financial services industry, the Financial Supervisory Commission (FSC), introduced the ‘regulatory sandbox’ in 2018 and several fintech experiments have been launched since. In June 2019, the FSC announced that it will regulate security …