Recently, a client asked whether third-party funding was legal in Asia. Jana Karam helpfully compiled the following information, which shows that third-party funding is permissible in the vast majority of jurisdictions, but not in China or Singapore, where it is clearly not allowed. Below is a review of the current status of third-party funding in […]
William Kirtley Interviewed By BBC Mundo Concerning Argentina Default.
William Kirtley Interviewed By BBC Mundo Concerning Argentina Default. William Kirtley of Dugué & Kirtley AARPI has been interviewed by BBC Mundo with respect to whether the United States could be in violation of international law with respect to the recent rulings of New York district court judge Thomas Griesa, which threaten to push Argentina into default for the second […]
The Importance Of The Seat Of Arbitration
Choosing an appropriate “seat” or “place” of arbitration is critical. There are a few common misconceptions with respect to the seat. The seat need not be the same as the governing law of the contract, or be based in the same place as the chosen arbitral institution. Thus, there is no reason why a contract […]
Eli Lilly’s Notice Of Arbitration Under The NAFTA
U.S. drug company Eli Lilly has escalated a $500-million patent dispute with the federal government and filed a notice of arbitration under the North American Free Trade Agreement. The company is demanding compensation for court decisions that invalidated its patents for Strattera, a treatment for attention-deficit/hyperactivity disorder, and for Zyprexa, which is used for the […]
The Growth of International Arbitration in Asia
Hong Kong and Singapore have long been fierce rivals for the title of Asia’s leading financial centre, and they are now also battling to become Asia’s dominant seat for international commercial arbitrations, the leading form of international dispute resolution. This rivalry is personified by their competing arbitral institutions, the Hong Kong International Arbitration Centre (HKIAC), […]