When companies face financial difficulties in Mexico, our legislation provides a formal procedure known as concurso mercantil (insolvency) to restructure its finances and provide legal security to their creditors. This procedure is divided into two phases: i) conciliation and ii) bankruptcy or liquidation. The purpose of the conciliation phase is to achieve the continuation of …
For a number of decades, The Bahamas has been one of a number of select jurisdictions utilised by high net worth individuals to manage their wealth. In prior times, terms such as tax evasion, and banking secrecy were, in some cases, attached to such practices. As such, these terms became increasingly stigmatic.
The main focus of this article is on international arbitration in Kenya. However, we shall take a short glimpse at alternative dispute resolution methods in Kenya in this section. The use of alternative dispute resolution methods is established in the Constitution of Kenya of 2010. As a guiding principle in exercising judicial authority, Article 159(2)(c) …
Continue reading “The landscape of international arbitration in Kenya”
After the landmark decision by a Chinese court finding reciprocity between China and the US, and recognising and enforcing a US judgment for the first time, there have been heated discussions on whether this case signals a genuine broader trend towards recognition and enforcement of foreign judgments in China. The term ‘foreign judgments’ does not …
Continue reading “Recognition and enforcement of foreign judgments in China”
You are nearing the end of the discussions for concluding a contract – the obligations and rights are defined, the terms are stipulated and you are making final decisions as to how your contract will be governed. This is vital, for contracting parties are fully aware that deciding on what law will govern the agreement …
Continue reading “Selection vs sovereignty: your choice of jurisdiction clauses in Qatar”
On 5 September 2018, the Court of Appeal re-enforced privilege as a cornerstone of a company’s protections in relation to internal investigations in The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation. This article considers the case and its practical implications, including continuing limitations on privilege and the pitfalls to avoid. The …
Continue reading “SFO v ENRC – a victory for privilege but just how far does it go?”
From 1 January 2019, a mandatory pilot scheme will operate in the Business and Property Courts across England and Wales, ushering in a new era of disclosure management in civil litigation. Walker Morris’ head of commercial dispute resolution, Gwendoline Davies, and senior associate and professional support lawyer, Amanda Kent, consider the changes and what they …
Continue reading “Disclosure in civil litigation: All change please, all change!”
It may surprise some that raising and running court actions to a conclusion before a judge is only part of the overall picture in most large dispute teams. Dispute resolution is an area which covers many topics – at Brodies alone, more than 130 people work on delivering solutions for a diverse client base. Indeed …
Continue reading “Speed of thought and action – the key to dispute resolution”
A recent judgment by the Court of Justice of the European Union (CJEU) sent shockwaves through the investment treaty community and is likely to have far-reaching consequences for European investments. Investors have long relied on investment protections contained in international investment agreements such as the more than 2,000 bilateral investment treaties (BITs) between countries across …
Continue reading “Recent trends: investment arbitration, financial sanctions and litigation”
Third-party litigation and arbitration funding is increasingly more prevalent, as a result of it being embraced by a greater number of jurisdictions and the funders themselves having raised a vast amount of money to invest in claims. Third-party funding can benefit both under-resourced growing businesses as well as established and profitable companies, allowing them to …