Europe – Page 8 – Construction Law

K&L Gates’ Arbitration World, May 2011

May 05 2011

From the Editors

Welcome to the 15th edition of Arbitration World, a publication from K&L Gates’ Arbitration Group. This special edition focuses on issues and recent developments in the insurance coverage field. We also include our usual round-up of news items in international commercial arbitration and investment treaty arbitration.

We hope you find this edition of Arbitration World of interest, and we welcome any feedback (email ian.meredith@klgates.com or peter.morton@klgates.com).

In this Issue:

News from around the World
World Investment Treaty Arbitration Update
Business Interruption Claims and Natural Disasters
Drafting Arbitration Clauses for Insurance Policies
Repeat Arbitrator Appointments and Issue Conflicts in Bermuda Form Arbitrations
Continued Conflict over Whether McCarran-Ferguson Act “Reverse Pre-emption” Bars International Insurance Arbitrations
Political Risk Insurance – Making Recoveries and the Use of Arbitration
U.S. Courts Expand the Extent of Insurance Coverage for Construction Defects under Commercial General Liability Policies

View the entire May 2011 edition here.

K&L Gates’ Arbitration World, February 2011

Feb 17 2011

From the Editors

Welcome to the 14th edition of Arbitration World, a publication from K&L Gates’ Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and in-house counsel with responsibility for dispute resolution.

We hope you find this edition of Arbitration World of interest, and we welcome any feedback (email ian.meredith@klgates.com or peter.morton@klgates.com).

In this Issue:

News from around the World
World Investment Treaty Arbitration Update
The New Hong Kong Arbitration Ordinance
Rules on Impartiality and Independence of Arbitrators
Recent English Decisions on Non-Parties to Arbitration Agreements
Clearing the Hurdles of International Arbitration in Asia, Part 1
Arbitration Provisions with a Non-U.S. Forum and Non-U.S. Choice-of-Law May Be Struck Down as Against U.S. Public Policy
New International Arbitration Decree Strengthens the Attractiveness of Paris as a Place of Arbitration
English Court Refuses to Expand Scope of Review of Arbitral Awards
Enforcement of Foreign Awards in India – The Latest Instalment

View the entire February 2011 edition here.

K&L Gates Arbitration World, October 2009

Oct 08 2009

From the Editors

Welcome to the 10th edition of Arbitration World, a publication from K&L Gates’ Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and in-house counsel with responsibility for dispute resolution.

We hope you find this edition of Arbitration World of interest, and we welcome any feedback (email: peter.morton@klgates.com or ian.meredith@klgates.com).

In This Issue

• News from around the World
• The Arbitration Fairness Act: A Fundamental Shift in U.S. Arbitration Policy?
• Saipem v. Bangladesh: The Use of an Investment Treaty to Enforce an Arbitral Award
• ReliaStar Life v. EMC National Life: Second Circuit Allows Award of Attorneys’ Fees as a Sanction for “Bad Faith” in the Face of a Contrary Contract Term
• International Arbitration in Singapore: Recent Developments
• Proposed Changes in the Interface Between Courts and International Arbitration in the EU
• A Sea Change in 28 U.S.C. § 1782 Cases? U.S. Fifth Circuit and Two District Courts Refuse Discovery to Parties to Foreign Arbitrations
• Third Party Funding in Arbitration: A Perspective from England
• Protocol of Enforcement Affords Reassurance on Enforcement of DIFC-LCIA Arbitral Awards and DIFC Judgments Beyond DIFC Boundaries
• Recent English Decisions on Non-Parties to Arbitration Agreements

View the entire October 2009 Edition here.

Pandemic Flu Risk for Major Projects

Sep 10 2009

By Peter Dzakula, K&L Gates

1. What is the risk?

Since the end of April 2009, when swine flu (Influenza A(H1N1)) was first reported in Mexico and the United States , swine flu has spread globally. It has been reported that there are now almost 36,000 cases in 76 countries (with over 6,000 cases in the UK ). As a result, the World Health Organisation has raised the swine flu alert to "Phase 6" and referred to it as a "global pandemic". At this stage, it has been reported that the symptoms of swine flu have been mild and the number of deaths, globally, have been in line with seasonal flu averages. However, it has been said that if the virus mutates and becomes more virulent it will pose a greater threat, particularly in the winter months. The consequences under construction contracts used for major projects in such a scenario are examined below.

To continue reading, click here.

K&L Gates Arbitration World, May 2009

Jun 01 2009

Arbitration World is an update for clients and contacts on recent developments in international arbitration law and practice.

From the Editors
Welcome to the 9th edition of Arbitration World, a publication from K&L Gates’ Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and in-house counsel with responsibility for dispute resolution.
We hope you find this edition of Arbitration World of interest, and we welcome any feedback.

In This Issue
• News from around the World
• Enforceability in the United States of Class Action Waivers in Arbitration Agreements: The Third Circuit Court of Appeals Signs On To Majority Trend
• Legal Privilege – A Recurrent Problem in International Arbitration
• Challenges Ahead: Arbitrating with Russian and Eastern European Parties
• More U.S. Courts Permit Discovery in Aid of Foreign Arbitrations, but Texas Dissents: U.S.C. § 1782
• The Right to be Heard: CAS Award Annulled by Swiss Federal Supreme Court
• Recent ICSID Decisions on the Meaning of “Investment”
• U.S. Supreme Court Permits Non-signatories to Arbitration Agreements to Seek Stays of Litigation and Interlocutory Appeals under FAA

View the May 2009 Edition here.

Drafting an Effective International Arbitration Agreement

Jun 01 2009

By Ian Meredith, K&L Gates

This chapter was first published in the PLC Cross-border Dispute Resolution Handbook 2009/09 Volume 2: Arbitration Handbook and is posted here with permission.

All too often the dispute resolution clause is the clause that receives the least attention. Pre-existing clauses are cut and pasted from existing agreements with little or no assessment made of the suitability of specific provisions, often late in the life of the drafting process. While any form of dispute resolution clause is rarely high on a party’s list of priorities when the contract is drawn up, the terms of that clause may well be crucial in the event of a dispute.

This chapter considers:

• The essential requirements of a valid agreement to arbitrate.
• Core provisions of an arbitration clause.
• Further optional provisions to address specific requirements.
• The interaction with other forms of dispute resolution.

To read the rest of this chapter, click here.

The Brave New World of Disputes

May 08 2009

Climate change, energy and the financial crisis will require an array of resolution mechanisms

The National Law Journal, April 14, 2009
By Ian Meredith, Laura Atherton and Marcus M. Birch

Changes to the global landscape during the next two decades are expected to drive a new generation of disputes. Climate change and unprecedented pressure on world resources — including carbon-based energy sources, minerals, food and water — will be among the key structural drivers.

At the same time, the global financial crisis and the rise of state capitalism seem set to provide the catalyst for further financial and economic conflicts.

This new generation of disputes will call for a sophisticated range of dispute resolution mechanisms and may challenge existing structures. Arbitration may be the primary focus for the resolution of natural resource-based conflicts that are commonly both international and technically specialized, but court-based litigation and the consensual alternative dispute resolution also will play key roles.

Read the entire article here at Law.com.

K&L Gates Arbitration World, March 2009

Mar 15 2009

Arbitration World is an update for clients and contacts on recent developments in international arbitration law and practice.

From the Editors

Welcome to the 8th edition of Arbitration World, a publication from K&L Gates’ Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and in-house counsel with responsibility for dispute resolution.

We are pleased to announce the opening on March 2nd of our office in Singapore. This represents our fifth Asia office and 32nd location worldwide, including offices in eight of what many view as the key venues for international arbitration: Paris, London, Hong Kong, Singapore, Beijing, New York, Washington, D.C. and Miami.

We hope you find this edition of Arbitration World of interest, and we welcome any feedback.

K&L Gates Arbitration World, January 2009

Jan 15 2009

Arbitration World is an update for clients and contacts on recent development in international arbitration law and practice.

From the Editors

Welcome to the 7th edition of Arbitration World, a publication from K&L Gates’ Arbitration Group which highlights significant developments and issues in international and domestic arbitration for executives and in-house counsel with responsibility for dispute resolution.

In This Issue

• News from around the World
• Prospects for Investment Treaty Claims Arising Out of the Financial Crisis
• Arbitration Cases in the U.S. Supreme Court’s 2008-2009 Term
• Anti-suit Injunctions in Support of Arbitration Agreements – Are They Lawful in Europe?
• Is International Arbitration Delivering?
• Arbitration in Dubai: New Structures and Legal Instruments
• Arbitration Clauses in Consumer Contracts – Recent English Decisions
• Ordre Public in Enforcement and Annulment of Arbitral Awards in Germany
• Outer Bounds of Arbitrability in Texas
• Sports Arbitration Update

View the January 2009 Edition here.

K&L Gates Arbitration World, Summer 2008

Jul 25 2008

By K&L Gates attorneys Ian Meredith, John L. Boos and others.

Arbitration World is an update for clients and contacts on recent development in international arbitration law and practice.

Welcome to the Sixth Edition of Arbitration World, a publication from K&L Gates’ Arbitration Group which aims to highlight significant developments and issues in international arbitration for executives and in-house counsel with responsibility for dispute resolution.

In this edition, our review of key case law includes reports on the keenly awaited U.S. Supreme Court decision in Hall Street v. Mattel, a U.S. appellate decision excluding class actions, and a recent case from the Court of Arbitration for Sport with potentially wide-ranging implications.

Catagory:Europe