Appealing a denial of a motion to compel arbitration: Would this mandate a stay of the underlying litigation?

By Leslie A. Berkoff, Moritt Hock & Hamroff LLP

The US Supreme Court has granted certiorari in Coinbase Inc. v. Bielski, No. 22-105 to resolve a federal circuit split as to whether the appeal of a denial of a motion to compel arbitration mandates that the district court stay the underlying litigation pending the appeal, or permits the district court to decide on an individual case-by-case basis whether to place the proceedings on hold.

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Sea change in the way evidence is given in commercial litigation in the English courts

By Melissa Munday & Nichola Evans, Ward Hadaway

New rules were recently introduced to the courts of England and Wales which have affected how witnesses give evidence pursuant to Practice Direction 57AC to the Civil Procedure Rules. These Rules have now been in effect for a little over 12 months so we now have some guidance on how the Rules should be interpreted. There has been a fundamental shift in how lay witness evidence is given. The reforms were driven by a desire to end witness statements which contained barely relevant background material, partisan argument, or where a witness statement had been through so many drafts, it raised concerns as to whether the evidence being given was the witness's actual recollection of events.

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Post-Brexit: Enforcement of British judgments in the Netherlands

By Michiel Teekens, TeekensKarstens advocaten notarissen

Based on the EU-UK Withdrawal Agreement, British judgments in civil and commercial matters that were brought before the English court on or before 31 December 2020 can still be directly enforced in the Netherlands. However, the Brexit deal does not regulate the enforcement of British judgments in the Netherlands in cases that have been or will be brought before the court on or after 01 January 2021. During the Brexit negotiations the UK became member of the 2005 Convention on Choice of Court Agreements, which applies to most civil and commercial agreements, with a choice of forum clause concluded on or after 01 April 2019 between professional parties.

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Inheritance of digital assets online and offine

By Mariagiulia Signori & Cecilia Trevisi, COMMA 10

Technological progress has impacted on the idea of an individual's assets. In addition to traditional assets (land, buildings, registered assets, jewellery, etc.), there are now new digital assets to be considered: domain names, access keys for e-commerce platforms, usernames, social accounts, email, software, e- books, music, computer documents, photos, videos, virtual art, crypto assets, and NFT.

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You Have Just Won an Arbitration – Now What? A Brief Guide to Arbitration Enforcement in Ontario

By Dylan S. Fisher, Pallet Valo LLP

Many parties enter in agreements requiring that disputes be determined by binding arbitration. Additionally, some parties may voluntarily choose arbitration at a later time instead of pursuing a dispute through the court system. While arbitration is generally considered to be quicker and less expensive than litigation, this is not always the case. In any event, obtaining a favourable arbitral award is often not the end of the process.

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Ankara, Turkey

The Commercial Dispute Resolution in Turkey

By Ilgın Yazici and Didem Sönmez, Financial Axis Independent Audit & Consulting Inc

The legal environment in Turkey has progressed in an investorfriendly fashion in recent years and alternative methods have been adopted for commercial disputes. Litigation is the most commonly used method for the settlement of disputes in Turkey. Civil litigation proceedings are conducted before the courts and disputes are generally handled by expert judges. The Code of Civil Procedure is the main legal regulation and, after making an ex offcio assessment, the court decides according to its discretion.

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English Judge strikes down onerous clause in B2B contract

By Nichola Evans and Melissa Munday, Ward Hadaway

Commercial entities frequently seek to incorporate their T&Cs into B2B contracts by reference to webpages. However, the recent High Court decision, Blu-Sky Solutions Ltd v Be Caring Ltd [2021], has highlighted the potential pitfalls of this approach and demonstrates English courts will intervene even in B2B contracts if they consider that onerous clauses are not reasonably brought to the attention of the other party.

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Self-awareness and negotiation skills in business

By Melina Karaolina, M. ELIADES & PARTNERS LLC

John F. Kennedy said: “Let us never negotiate out of fear; but let us never fear to negotiate.” It is true that negotiations can be challenging in any given situation, but the fact of the matter is that all of us, every day, under many different circumstances, both in our personal lives and in business, have to negotiate. Studies show that children from as early as the age of 3 start to negotiate when they wish to engage in play with their peers.

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battery of an electric vehicle engine

Producer's liability for a defective product incorporated in another product: the manufacturer's nightmare?

By Pierre Yves Rossignol, Herald
In industry, there are many cases in which a manufacturer must take action against the supplier of a defective part incorporated in their main product. Just think of the relatively frequent cases in the automotive industry where the manufacturer of an electric vehicle has to seek recourse from the producer of electric batteries that catch fire (“Plug-in hybrids: Volkswagen Group recalls 118,000 cars.” Autoplus – 04 April, 2022).

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