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1112 Results

Resource Listings

Articles

The Apostille Convention to Take Domestic Effect

By Annia Hsu, Nagashima Ohno & Tsunematsu Singapore LLP

The Apostille Convention facilitates the use of public documents abroad through the use of a simplified one-step process, the apostillisation. This article compares the simplified process under the Act with the current procedure for the authentication and legalisation of public documents for recognition outside of Singapore. The latter will remain applicable for countries that are not signatories to the Apostille Convention.

Articles

Enforcing Foreign Judgments in Canada

By Matthew Burt, Associate and Daniel Anthony, Counsel, Smart & Biggar LLP

In today’s globalized society, it is increasingly common for businesses to litigate disputes across international borders. This raises the potential hurdle of a judgment issuing in one jurisdiction, while the assets of the debtor are located in another jurisdiction. Canada is generally considered a cooperative jurisdiction in which to enforce a judgment. This article explains how to enforce foreign judgments against assets in Canada.

Articles

Update on the Exclusive Benefit when Selecting Hong Kong Arbitration: Asset, Evidence and Conduct Preservation in China Mainland. How is it Working?

By Paul Starr, Partner and Practice Leader, and Gao Feng, Partner, King & Wood Mallesons 

This resource describes the release and impact of the Arrangement Concerning Mutual Assistance in Court-ordered interim Measures in aid of Arbitral Proceedings by the Courts of the Mainland an of the Hong Kong Special Administration Region. The success of applications submitted under the terms and requirements of the Arrangement have made it a compelling reason for parties, irrespective of origin, to select Hong Long as the seat of arbitration if they are doing business with parties in China Mainland.

Articles

To Litigate or Arbitrate – That is the Question

By James Noble, Partner, Kate Lan, Senior Associate, and Yan Chng, Associate, Carey Olsen

This article examines the recent trends in cases which involve the extent of a Court’s jurisdiction to determine a “just and equitable winding up petition” when the two parties involved have a valid arbitration agreement between them.

Articles

Changes in the Probate and Administration System in the PRC – Introduction of Estate Administrators

By ONC Lawyers

New laws in the People’s Republic of China – which went into effect on 1 January 2021 – have completely revamped the rules pertaining to the succession of the deceased’s assets into a more organized system. The new policies, which have replaced laws in place since 1985, provide more guidelines and structure regarding appointing estate administrators and their scope of power.

Articles

Five Key Contract Terms to Incorporate in Contract for Remote Alternative Dispute Resolution

By ONC Lawyers

The Coronavirus pandemic has seen a boost in popularity in alternative dispute resolution processes, which obviously face some technical and logistical challenges, but have also shown to aid in facilitating dispute resolution in a flexible and cost-effective measure. The article also provides sample contract clauses for parties to consider including as part of their process so that all of the guidelines are explicitly laid out.

Articles

Virtual Litigation in the Post-Pandemic Era?

By Martin L. Roth, Litigation Partner, Kirkland & Ellis LLP

This article provides an assessment of the benefits (and some potential challenges) with virtual litigation, which has become a necessity in the pandemic era. It also proposes additional tips for using these new platforms effectively when the pandemic ends.

Articles

New LCIA and ICC Rule Updates: Increased Flexibility and Virtual Hearings

By Mark Beeley, Partner, International Arbitration & Dispute Resolution, Oil & Gas, and Rebecca Dipple,
Professional Support Lawyer, Antitrust & Competition, International Trade & Compliance, Orrick

This article provides a brief summary into changes that the International Chamber of Commerce (ICC) and the London Court of International Arbitration (LCIA) have each made to their existing rules. Specifically, both organizations have embraced technologies that were necessary to adapt to the changes brought on by the coronavirus pandemic (such as the use of electronic communications and remote hearings).

Articles

OMG! Australia's First Emoji Defamation Case-Context can Impute Meaning

By Ian Bloemendal, Partner, and Luke Furness, Senior Associate, Clayton Utz

In this article, in-house counsel can learn more about the pitfalls of social media and posting certain types of information. Australia's first defamation case involving emojis highlights complicated ways that a simple keystroke can impact your business.