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Articles

New Saudi Arbitration Law: A Guide for Potential Users

By Baker & McKenzie

Saudi Arabia continues to present amongst the best opportunities for investment for companies from outside the Kingdom, not only in oil and gas but also in the industrial and infrastructure sectors, as the economy is diversified. The biggest projects are awarded by government bodies. Their contracts are increasingly likely to contain Saudi arbitration clauses. The objective of this note is to answer the questions that would typically be asked when a company from outside Saudi Arabia negotiating a contract with a Saudi party is asked to agree to arbitration in Saudi Arabia under the new Saudi Arbitration Law.

Articles

Shareholder Disclosure and Proxy Battles

By Norton Rose Fulbright Canada LLP

Norton Rose Fulbright recently led a successful court application that illuminates the importance of public disclosure in the context of a proxy battle. This precedent-setting decision is relevant to all public companies, and it has far-reaching implications in the context of shareholder activism.

Articles

Year in Review 2013 and Year to Come 2014 – French Law

By Linklaters

In 2013 the following occurred: New legislation was passed to lighten administrative constraints on the development of wind farms; new rules on loans extended to local authorities have been adopted to limit future exposure of the local public sector; and the French constitutional court ruled that the French legislative cannot adversely affect legitimate expectations without sufficient general interest grounds.

Articles

"Mitchell" and the Aftermath: Where are We Now? (UK)

By Ashurst LLP

Mitchell and the subsequent Court of Appeal decisions have proven highly controversial. Described as "unduly harsh" and leading to a "climate of fear", Lord Dyson's prediction that there will be more litigation to determine the exact boundaries of the decision have been realised. Much has already been written about the aftermath. The focus of this article is to look at where we are now. How exactly have the rules of the game changed?

Articles

Expedited Procedure in International Arbitration

By Ashurst LLP

While international arbitration has become the preferred means of resolving international commercial disputes throughout the world, complaints about delays and costs have become common. Various arbitral institutions have responded to this by offering an option to conduct arbitrations on an expedited or "fast-track" basis.However, while expedited procedures have been taken up with enthusiasm, they are not suitable for every type of dispute, as Ben Giaretta and Michael Weatherley explain.

Articles

New Case Demonstrates the Importance of Forum Selection Clauses

By Eric A. Savage and Morgan J. Matson

On November 4, 2013, the US District Court for the Northern District of California denied a motion filed by a company to dismiss a lawsuit brought by a former Libya-based employee. This decision ended the company's unsuccessful attempts to remove to the Libyan judicial system a complaint filed in US federal courts. The ruling, and a companion decision issued two months earlier, serves as a reminder of the need to include well-crafted forum selection clauses in employment agreements, particularly in the international context.

Articles

Judicial Review, Redux (Canada)

By Thorsteinssons LLP

Read this blog entry by David Davieson regarding the Federal Court of Appeal decision in JP Morgan Canada Asset Management v. AG Canada.