Alternative Dispute Resolution

Non-California Counsel Participation in International Arbitrations in California

On 18 July 2018, California Governor Jerry Brown signed Senate Bill 766, which amends the California International Arbitration and Conciliation Act (Cal. Civ. Proc. Code § 1297.11 et seq.) to expressly allow out-of-state and non-US lawyers to represent and assist parties in international arbitration or related proceedings seated in California. Senate Bill 766 brings clarity

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Executing Your Judgment In China

This year the Intermediate People’s Court in Wuhan (IPCW) became the first court in the People’s Republic of China (China or PRC) to recognize a United States judgment. In combination with previous recent developments in the PRC this could have a significant effect on the way foreign judgments are treated by PRC courts, and make

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Hong Kong Allows Third-Party Funding of Alternative Dispute Resolution

A bill passed by the Hong Kong Legislative Council allows third parties to provide funding to a party involved in arbitration and mediation proceedings in return for receiving a financial benefit if the negotiation is successful. The Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016 was passed in the Legislative Council last month following

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Ally Law Publishes Global Attorney-Client Privilege Compendium

The members of Ally Law’s Litigation Specialty Group have prepared a multijurisdictional compendium of the law of attorney-client privilege as it relates to in-house counsel: “Attorney – Client Privilege in the Global Context: Practical Guidance For In-House Counsel.” Links to the compendium appear throughout the Ally Law website and on the websites of Ally Law

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U.S. Court Creates More Certainty In Enforcing Foreign Money Judgments

The U.S. Uniform Foreign Money-Judgments Recognition Act (UFMJRA) was intended to make enforcement of foreign country judgments more streamlined and predictable in this age of transborder disputes and multi-jurisdictional transactions. It also reassures foreign courts that their judgments are likely to be honored in the U.S. by removing the issue of comity and reciprocity from

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For Arbitrators: Tips For Dealing With Difficult Attorneys In Arbitration

While arbitration is growing in use globally, the tactics and conduct of difficult attorneys can have serious consequences for parties and threaten the public’s confidence in arbitration as a viable dispute resolution system. Excessive adversarial tactics employed include failing to produce necessary discovery, making frivolous objections to discovery, and inundating the other party with massive

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Arbitration Under The “New Model” ASEAN Investment Agreement

The ASEAN Comprehensive Investment Agreement (the Agreement) is a multi-lateral treaty between the ten member states of the Association of South-East Asian Nations (ASEAN) which became effective in March 2012. The Agreement is intended to assist the creation of “a free and open investment regime in ASEAN in order to achieve the end goal of

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Drafting Effective Arbitration Clauses

Arbitration as means to resolve disputes is growing in use around the world and is a favored method of dispute resolution in certain industries, such as in international construction contracts. In business it is often expressly consented-to as a more timely and less expensive vehicle for dispute resolution than litigation. Ally Law member firms have practitioners

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