William Kirtley Speaks On Intellectual Property Arbitration Join OXFIRST, the Trendsetter in the IP Economy, for a Free Webinar! (www.oxfirst.com) Cross border Enforcement of Intellectual Property – What role for international arbitration and mediation? What this talk is about While the filing of patents, trademarks or design rights at the international level is by and […]
Belarusian Institute for Strategic Studies Reports On Dispute Against Belarus
Below, please find a recent article about our client’s investment dispute against the Republic of Belarus, which concerns his wrongful imprisonment for six years in inhuman conditions, following the expropriation of his seamless steel tube plant, located in Gomel, with no compensation. – William Kirtley A Ukrainian businessman and his Swiss company accuse Belarus of […]
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 […]
The ICC’s New Mediation Rules
On 4 December 2013, the International Chamber of Commerce (ICC) published its new Mediation Rules, which come into effect on 1 January 2014. These Rules replace the ICC’s current Amicable Dispute Resolution (ADR) Rules, which have been in force since 1 July 2001. They are available on the ICC’s website, at https://iccwbo.org/products-and-services/arbitration-and-adr/mediation/rules/. The change in name (from […]
International Arbitration And Discovery In The U.S. (Section 1782)
U.S. discovery traces its roots to the 1789 Judiciary Act, which legal historians generally view as a poorly-drafted and poorly-conceived piece of legislation. One of the worst aspects of U.S. litigation, and there are many, is its ridiculous discovery rules, which can result in far more work than the underlying issues in a given dispute […]