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Articles

403 02 Proposed Amendments to the Federal Rules of Civil Procedure

By Raymond M. Ripple, Stephen J. MacGillivray

Changes to the Federal Rules of Civil Procedure – the procedural rules that govern the life of a case in the federal trial courts – are on the horizon. On June 3, 2013, the Standing Committee on Rules of Practice and Procedure (the “Standing Committee”) approved for publication a report containing proposed amendments to the Federal Rules of Civil Procedure(the “Report”). On August 15, 2013, the Report was released to the bench and bar for a six month public comment period, which includes a series of public hearings held in Washington, D.C., Phoenix, Arizona, and Dallas, Texas.

Articles

The Evolution of International Arbitration

By Ashurst LLP

As cross-border trade and investment continues to grow, so does the need for fair, neutral and efficient resolution of international commercial disputes. International arbitration has emerged as the principal dispute resolution method for such disputes, but has become hampered in recent years by increasing costs and delays. Various proposals have been made to improve the situation. Two of these have already gained traction, namely emergency arbitration and expedited arbitration;and three new proposals are now circulating, namely appeals from arbitral awards, Bilateral Arbitration Treaties, and Hybrid National Arbitration-Courts.

Articles

Disputes Involving Foreign Parties: 2012 Trends

By Varvara Knutova, Pepeliaev Group

In 2012, the Presidium of the Russian Supreme Commercial Court adopted a number of newsworthy resolutions relating to recognizing and enforcing foreign courts’ decisions and awards, and concerning disputes involving foreign parties. This article is a review of how those resolutions affect foreign companies doing business in Russia.

Articles

The Requirement to Decrypt Information in Hong Kong

By Dominic Wai, Esq., ONC Lawyers - Member of Primerus

It has become a recent trend for law enforcement agencies to apply to the courts for an order to compel a communication device or software manufacturer to create solutions for the decryption of encrypted communications. This article considers the legal position for law enforcement agencies in Hong Kong availing of the courts in order to acquire decrypted communications.

Articles

What the Supreme Court Giveth,The CFPB Taketh Away

By Lewis Wiener, Kymberly Kochis and Frank Nolan

This article will summarizes the Supreme Court’s jurisprudence, explains the CFPB’s proposal and its legal basis, and outline steps companies can take to address the regulation before and after it goes into effect.
(Editor Note: CFPB enacted the final rule on July 10, 2017. On Oct. 17, 2022, the US Court of Appeals for the Fifth Circuit ruled the CFPB's funding mechanism was unconstitutional. On Nov. 14, 2022, the CFPB filed a writ of certiorari with the US Supreme Court requesting review of the decision in the 2022 term.)