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Articles

Arbitration Clauses in Construction Contracts

By Ross McFadyen, Thompson Dorfman Sweatman LLP

While Canadian courts continue to deal on a regular basis with construction related disputes, there is an ever-increasing trend for parties involved in construction projects to elect alternative methods of dispute resolution.

Articles

Civil Claims for Sexual Abuse

By Cheryl Pearson

The article provides a general overview of what victims cans' expect when filing a civil action claim for sexual abuse, compensation, litigation process, types of damages, and liability. Additionally, this article focuses on some of the advantages and disadvantages of pursing a civil claim for sexual misconduct.

Articles

All Change on Collective Redundancy: The New Meaning of Establishment (UK)

By Allen & Overy

Every now and then, a case comes along that shatters perceived wisdom and established practice. The “Woolsworths” case (as it has become known) is one of those cases. Up until this point, an employer embarking on a collective redundancy exercise could be fairly confident that the consultation obligations were triggered only if it proposed to dismiss 20 or more employees “at one establishment” within a 90-day period. For multiple site businesses, this threshold was usually applied to each place of work to give some flexibility before hitting this consultation obligation threshold. Breaking new ground, the EAT has now ruled that this approach is wrong. Read on to learn more.

Articles

Anatomy of an Arbitration Part II: Key Elements of an Arbitration Clause

By Ashurst

In the second installment of our series providing practical insights into the arbitration process, we examine the key elements of an arbitration clause and the importance of drafting the clause so that it is effective. It should be of particular interest to those unfamiliar with the principles behind providing for arbitration as a dispute resolution procedure in commercial agreements.

Articles

English Courts Can Protect Agreements to Arbitrate Even Where Arbitration Not Commenced or Contemplated

By Ashurst

In Ust-Kamenogorsk Hydropower Plant JSC -v- AES Ust-Kamenogorsk Hydropower Plant LLP the UK Supreme Court confirmed that the English courts have the power to restrain non-European proceedings brought in violation of an arbitration agreement, even where no arbitration has been commenced or is contemplated. The decision is another example of the English courts' support of the arbitration process.

Articles

The New Brazilian Anti-Corruption Law Comes into Effect

By Shin Jae Kim and Renata Muzzi Gomes de Almeida, Co-heads of the Compliance Practice Group at TozziniFreire Advogados and Juliana Sá de Miranda, Partner in the White Collar Crimes and Compliance Practice Groups at TozziniFreire Advogados

Early this year, the Anti-Corruption Law came into effect. It introduces administrative and civil liability on legal entities for illicit acts practiced against local and foreign public administration. Learn more about how this law will be enforced. This article is also available in Portuguese:

<p><a href="http://www.acc.com/legalresources/resource.cfm?show=1361091">The New Brazilian Anti-Corruption Law Comes Into Effect (Portuguese)</a></p>

Articles

Ukraine: A Brief Primer on Sanctions, Expropriations and State Break-ups

By Allen & Overy

The purpose of this brief note is to help market participants make contingency plans where the political crisis involving Ukraine results in sanctions and embargoes, exchange controls, expropriations and the break up of Ukraine. It focuses in particular on the legal impact these events might have on financial contracts, such as bond issues, bank loan agreements, deposits and investments. It does not deal with wider political and economic consequences, such as the impact on a country’s economy and its banking system.

Articles

Positive Development for Arbitration in China - Comments on the Amended Civil Procedure Law

By Allen & Overy

On 31 August 2012, the Standing Committee of the National People's Congress passed amendments to the Civil Procedure Law of the People's Republic of China (the Amended Law), which entered into force on 1 January 2013. The Amended Law strengthens the Chinese arbitration regime in two important respects: narrowing the statutory grounds upon which PRC courts can refuse enforcement of domestic arbitration awards, and allowing parties to arbitration proceedings to apply to the PRC courts for interim measures before the commencement of those arbitration proceedings.