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Doing business in the UAE

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 2019 arbitration amendments – how long till India gets it right?

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.

US corporate immigration law: managing change in the age of Trump

US Visa Solutions’ Janice Flynn looks at the large amount of change in American immigration policy since 2017 and how it affects companies wishing to send staff to the US.

Special commercial proceedings: in-court reorganisation and cross-border insolvency in Mexico

The main methods of resolving commercial disputes in Mexico are: ordinary commercial trial, executive commercial trial, special proceedings, oral commercial trial, bankruptcy proceedings (concurso mercantil), arbitration, and mediation.

Civil court delays: assessing new remedies to speed up Romanian disputes

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 …

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Enforcing foreign arbitral awards in Turkey – not so easy and not so cheap

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.

28 USC §1782: a powerful tool for obtaining US discovery in aid of foreign proceedings

A key distinction between US and non-US litigation is the liberal discovery available to parties in the United States. However, non-US litigants have a powerful tool that can provide the benefit of US discovery rules to obtain broad discovery for use in proceedings abroad. United States Statute 28 USC §1782 empowers a district court to …

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Luxembourg SIFs: the investment vehicle of choice to structure third-party funding activities

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 …

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Recording and re-use of testimonies in Norwegian courts

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 …

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Cyprus and international commercial arbitration – an overview

Cypriot domestic arbitration proceedings are regulated by Arbitration Law, Cap 4, whereas international commercial arbitration is governed by International Commercial Arbitration Law, Law no 101/1987.