Dispute Resolution

Asia dispute resolution and arbitration quarterly (English)

PRC Arbitration Law – clarification from the Supreme People's Court; Reciprocal enforcement of Hong Kong and PRC court judgments; Anti-money Laundering Law; The new Malaysian Arbitration Act 2005.

Draft provisions on serving judicial documents in civil or commercial cases involving Hong Kong and Macau; Parties now have two years to enforce arbitral awards in China; Retrial cases shifted to courts of higher level in China; China enters into free trade agreement with New Zealand, permitting investor-state arbitration; Japan arbitration made more attractive; HKIAC signs additional co-operation agreements; Dubai taking steps to become a leading regional arbitration centre

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Dispute resolution focus (English)

No liability for failing to comply with freezing order. Commercial Court symposium. The UAE ratifies the New York Convention

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EPR news (English)

EU: Commission seeks to clarify packaging definition; Agreement reached on Seveso II revision. Germany: The net of environmental criminal liability tightens. UK: Changes to the contaminated land regime; Issuing judicial review proceedings ‘promptly’; Court of Appeal rules in Biffa v Barr; New waste regulations come into force; Delay to mandatory carbon reporting decision.

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European market abuse news (English)

This European market abuse news focuses on some key changes that effect enforcement of market abuse in France, Germany, Italy, the Netherlands and the UK.

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Food safety update (English)

International: US COOL law violates WTO Treaty. EU: New food additive regulation adopted. UK: Initiative to tackle obesity unveiled; Research finds link between bisphenol A and heart disease; Study rejects benefits of alcohol pricing rules. Newswatch.

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Insurance and reinsurance news (English)

On 28 March 2012, the UK Supreme Court handed down judgment in the case of BAI (Run Off) Limited (In Scheme of Arrangement) and others v Durham and others [2012] UKSC 14 (the trigger litigation). The Supreme Court held, by a four to one majority, that coverage under employers’ liability insurance was triggered at the point employees were exposed to asbestos and not at the onset of the symptoms of mesothelioma. We look at some of the possible implications of the decision for insurers.

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Insurance and reinsurance news (English)

The European Commission has published a proposal to introduce a common framework for regulatory sanctioning regimes across the EU. The aim is to ensure a consistent and effective application of financial services rules in all member states, at a time when there is increasing convergence and a stronger regulatory framework at European level. These proposals could lead to significant changes in enforcement powers and procedures in some EU member states. Comments are sought by 19 February 2011. The legislative timetable is tight, with adoption expected in November 2011.

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Le bloc-notes du contentieux (French)

Les sociétés étrangères et l'abus de biens sociaux; Création du titre exécutoire européen pour le recouvrement des créances incontestées; Accès des huissiers de justice au fichier des comptes bancaires des débiteurs; Sur l'option de compétence territoriale en matière délictuelle et quasi-délictuelle; Règlement communautaire sur les procédures d'insolvabilité : des précisions; Transposition de la directive européenne sur l'assainissement et la liquidation des entreprises d'assurance

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Product risk and liability news (English)

EU/UK Consumer Rights Directive finalised and UK Consumer Rights Bill revealed EU Report on liability for defective products; Changes to product safety legislation foreseen for 2012; Consumer rights – installed defective goods; European Commission publishes definition of 'nanomaterial' UK Gym clubs membership contracts: unfair contract terms; OFT indicates concerns about its own future

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The Asia brief (English)

Regional developments: Welcoming the Civil Justice Reforms: Hong Kong; Updates on the enforcement process in the PRC; Case reports: Hong Kong court rejects misselling claim; Ex-employees’ non-compete obligations

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