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Joint Venture Arbitration

Felicello Law PC

Lessons On Arbitration Carveouts From Diddy-Diageo Suit

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Combs Wines and Spirits LLC, a company owned by Sean “Diddy” Combs, has a long-standing business relationship with Diageo North America Inc. by which Diageo distributes Ciroc Vodka and DeLeon Tequila. In May, Combs filed a...more

White & Case LLP

Investing in India

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What a difference a decade can make! Since the publication of our first report, "Navigating India: Lessons for Foreign Investors," in 2013, India has undergone a remarkable transformation. The country’s population grew by 100...more

Seyfarth Shaw LLP

A Toast to Diversity?:  Sean “Diddy” Combs’ Suit Against Diageo Heats Up

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Seyfarth Synopsis: In May 2023, music and entertainment mogul Sean “Diddy” Combs, through his company, Combs Wines and Spirits LLC, commenced a lawsuit in New York Supreme Court alleging that Diageo North America, a...more

Hogan Lovells

Arbitration Highlights in the Year of the Rabbit

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As the world welcomes in the Year of the Rabbit, we look back at seven decisions that made an impact over the past year. In the decisions, the Hong Kong courts considered the circumstances in which interim relief should...more

Miles Mediation & Arbitration

Mitigate the Damages in Business Divorce Through the Use of ADR

As is true with other relationships, some business relationships do not stand the test of time.  Whether it be the stress caused by weak financial performance, lopsided efforts, differing opinions regarding employees,...more

BCLP

Risks of having an overly helpful tribunal - arbitral award set aside by a Hong Kong court for containing decisions on matters...

BCLP on

In Arjowiggins HKK2 Ltd v X Co [2022] HKCFI 128, after dismissing the claims and declining to grant the pleaded remedy, the tribunal invited submissions from the parties on an alternative remedy and ultimately granted relief...more

Hogan Lovells

Beyond the scope – Hong Kong court sets aside award that fell outside pleadings

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The Hong Kong Court of First Instance has set aside an arbitral award ruling that the award was beyond the scope of what the parties pleaded in the arbitration. The court clarified that the courts will not hesitate to set...more

White & Case LLP

A rose by any other name: enforcing an arbitral award in favour of a non-existent party

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Following a 12-year arbitration and two years of enforcement proceedings, the highest court in Singapore has allowed a non-party to enforce an award made in favour of a company that had dissolved. The Court of Appeal held...more

Conyers

Getting Ready for the Big Day – Keys for Planning a Successful Virtual Trial

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British Virgin Islands (“BVI”) companies are widely used as corporate vehicles for joint ventures in Asia, especially at their pre-listing stage. There are over 450,000 active BVI companies set-up by users around the world....more

BCLP

Minor irregularity in party name not a valid ground to set aside an arbitral award

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It sometimes happens that there is an irregularity or mistake in the way in which a party is named in the formal arbitration papers. Will such an irregularity or mistake cause problems when the successful party seeks to...more

Goodwin

Litigation Insights - July 2021

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FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

WilmerHale

Singapore High Court Requires Third Party’s Express Written Consent to be Joined to Arbitration Under LCIA Rules 2014

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On 19 March 2021, the Singapore High Court issued an important decision on the concept of a “forced joinder” in CJD v CJE [2021] SGHC 61 (available here).  A forced joinder refers to a third party consenting to be joined as a...more

JAMS

Is ADR the Cure for COVID-19-Related Litigation? - The benefits of having a neutral with life sciences experience to resolve your...

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As we continue our battle against COVID-19, one of the successes is the speed with which pharmaceutical companies have developed vaccines. For those not familiar with the science and the process of getting new drugs to...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – August 2020 - Mining Arbitration in the Asia-Pacific

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The Asia-Pacific region integrates the mining industry within the life cycle of the global economy more fluidly than perhaps anywhere else in the world. Metals and minerals extracted from the region are transported to the...more

Hogan Lovells

What's good for the goose – Hong Kong Court revisits iconic insolvency decision

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In a recent judgment, the Hong Kong Court reiterated the principles outlined in Kam Leung Sui Kwan v. Kam Kwan Lai [2015] 18 HKCFAR 501 (Yung Kee), the case concerning the famous roast goose restaurant in the heart of Hong...more

Carlton Fields

Seventh Circuit Agrees Defendant Expressly Waived Right to Arbitrate by Withdrawing Arbitration Argument From Motion to Dismiss

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The Seventh Circuit affirmed a district court order that the defendant waived its right to arbitrate by withdrawing a venue-based arbitration argument from its motion to dismiss. ...more

A&O Shearman

Contracting with Disclosed Principals: Who is Your Counterparty?

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It is often taken for granted that only the named parties to a contract can enforce it. The English Court of Appeal has recently considered an important derogation from that assumption in the context of an arbitration claim....more

Carlton Fields

Ninth Circuit Affirms Summary Judgment in Favor of Boeing and District Court’s Application of Swedish and U.K. Law

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The parties entered into a joint venture to launch commercial satellites into space from an ocean platform, which venture ultimately failed. As a result of certain guarantees, Boeing paid $449 million to cover loans made to...more

Morgan Lewis

Russia Approves Vienna International Arbitral Centre (Following Hong Kong) for Arbitration of Some Russian Corporate Disputes

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The Vienna International Arbitral Centre (VIAC) has been approved by Russia’s Ministry of Justice on 7 July as a non-Russian permanent arbitration institution. This allows VIAC to be designated by parties to hear arbitrations...more

Orrick, Herrington & Sutcliffe LLP

Foreign Sovereign Immunity Act (FSIA) - The World in U.S. Courts: Summer - Fall 2018

FSIA "Commercial Activity" Exception Applies to Transportation of Submarine Loaned to Australian National Museum at Nominal Cost - Anderson Trucking Service, Inc. v. Eagle Underwriting Group, Inc., US District Court for...more

Hogan Lovells

Latest developments in the Sanum saga: application to refuse enforcement rejected

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In what has been a long-standing dispute comprising several applications before the courts of Singapore and Hong Kong, the Singapore High Court has rejected an application to refuse enforcement of an arbitral award for US$200...more

Hogan Lovells

Court of Final Appeal extends time for First Media to challenge enforcement orders and judgment

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In Astro Nusantara International B.V. and Others v. PT First Media TBK [2018] HKCFA 12; FACV 14/2017 (11 April 2018), Hong Kong’s highest court the Court of Final Appeal (“CFA“) handed down its decision on 11 April 2018 in a...more

A&O Shearman

Injunction protects rights in oil development pending arbitration

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A decision to exclude an oilfield joint venture partner from an Operating Committee meeting was a clear breach of an English court interim injunction and thus constituted a contempt of court. The decision shows the English...more

McDermott Will & Emery

International News: Focus on Health Care - Fall 2017

Nationalism and Cross-Border M&A: Navigating Populist Politics in Deal Making - More than half of the G20 countries voted-in campaigns that focused on harming foreign, outside interests as a means to strengthen domestic...more

Carlton Fields

Arbitral Award Settling Buyout Price In Diamond Business Dispute Affirmed Over Allegations Of Arbitrator Partiality

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The arbitration award in a dispute between former joint venture partners in a series of international diamond businesses has been confirmed by the Southern District of New York. The decision resolved motions by Julius Klein...more

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