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Practice Industry: Dispute Resolution, Industrial & Manufacturing
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ALRUD Law Firm | April 2010

Dear Sirs, On March 11, 2010 the President of the Russian Federation Dmitry Medvedev introduced in the State Duma the draft of Federal law No. 341071-5 “On alternative dispute resolution procedure by way of mediation (a mediation process)” ( “the Draft law”). It is to be applicable from January 1, 2011. View More

Gianni & Origoni | April 2010

Legislative Developments In July 2009, new rules came into force in Italy concerning class actions brought by consumers and final users who are the victims of unfair trade practices or anti-competitive conduct. Under the new rules, collective damages actions may be brought either by individual class members or by associations empowered by them or committees of which they are members for claims based on breaches of competition law ...

Shoosmiths LLP | May 2010

Shoosmiths - EnglandWhat is disclosure? It is the stage of a dispute when each party is required to disclose to the other party the documents relevant to the issues in dispute. It normally takes place after each party has set out its position in their statement of case ...

Dykema | June 2010

In 2010, the legal services industry—and for that matter almost every industry—faces a new landscape that requires not only a different way of thinking but also a different way of doing business to ensure short-term survival and longterm success ...

MinterEllison | June 2010

A new feature of the civil justice reform system came into effect on 1 January 2010, nine months into the revamp. Steven Yip and James Yeung report that the introduction of mediation, as prescribed by Practice Direction 31 ('PD 31'), is expected to have a profound impact on the way parties conduct cases ...

ALRUD Law Firm | August 2010

Dear Sirs, On August 2, 2010 the Federal Law “On the alterations to the Arbitrazh Procedural Code of the Russian Federation” (“The Law”) was published ...

Shepherd and Wedderburn LLP | November 2010

The word litigation usually strikes fear into the hearts of the business community.  Litigation can be time-consuming and expensive.  Badly-managed litigation is a very painful experience indeed.  Managing litigation risk is therefore of huge importance for businesses.  But the challenge doesn’t start at the Court door ...

Delphi | December 2010

A new version of the well-known International Chamber of Commerce (ICC) Incoterms® becomes effective on 1 January 2011. EXW, FCA, DDP, FOB and CIP – are some of the three-letter abbreviations of Incoterms® commonly found in sales and delivery agreements around the world ...

Shoosmiths LLP | February 2011

The majority of disputes are settled before trial, and an increasing number are settled before proceedings are issued. The Civil Procedure Rules that provide the framework for litigation in England and Wales encourage parties to consider alternative ways to resolve their differences. There are a variety of techniques that can be utilised to achieve an early and cost effective settlement. Collectively, these are known as ADR ...

MinterEllison | February 2011

Alternative dispute resolution benefits the public no matter what the outcome Attorney-General Robert McClelland continues to pus alternative dispute resolution after launching the report A Strategic Framework for Access to Justice in the Federal Civil Justice System late last year. One of its main recommendations is to encourage Commonwealth agencies to use ADR ...

The situation is this: you represent a manufacturer in a tort dispute.  During discovery, plaintiffs notice a Rule 30(b)(6) deposition of your client’s representative, but elect to forgo the deposition in exchange for negligible admissions filed by your client.  Discovery has closed.  The trial date is looming ...

Dykema | June 2011

Your employees may be using your business’s credit cards to make charges you haven’t authorized. And if you don’t discover it soon after the fact, you may be liable for those charges.   “A court’s rationale is pragmatic and straightforward ...

Asters | June 2011

INTRODUCTION TO DISPUTE RESOLUTION FRAMEWORK   Ukraine is a civil law country with the Constitution being a principal source of law. The main sources of civil and commercial law are acts promulgated by the legislative and executive branches of the state. International treaties ratified by Parliament become part of national law and prevail in a conflict with domestic law ...

The past year has seen a significant rise in the uptake of mediation as an alternative means of dispute resolution and this is a trend which is likely to continue. Designed to resolve disputes to the (relative) satisfaction of both parties at an early stage, mediation uses an independent, specially trained third party mediator to facilitate private and confidential settlement discussions between parties ...

Gianni & Origoni | August 2011

A new change in the Italian regulation of the industrial design has been recently introduced by section 8, paragraph 10, of Law Decree no. 70 of May 13, 2011 (“First urgent provisions for the economy”), aimed at restricting the temporary protection granted to industrial design works under copyright law under section 239 of the Industrial Property Code (Legislative Decree no. 30 of February 10, 2005, as amended by Legislative Decree no ...

MinterEllison | August 2011

A recent decision in the Full Federal Court has shown that while manufacturers are generally free to make goods according to a design that is not registered, care must be taken to ensure that those products are branded in a way that distinguishes them from the market leader ...

Haynes and Boone, LLP | October 2011

The Federal Circuit recently resolved two issues of first impression as to how patent reexamination proceedings affect related patent infringement litigation. These two cases, Marine Polymer1 and Bettcher Industries,2 are likely to have a significant impact on both litigation and reexamination-proceeding practices, as well as the strategic interplay between them ...

Lavery Lawyers | January 2012

The honourable justice Louis-Paul Cullen of the Superior Court rendered a judgment on September 23, 2011 which dismissed a motion for authorization to exercise a class action instituted by Mr. Kerfalla Toure (hereinafter "Toure") against Brault & Martineau (hereinafter "B & M) . (1)  In order for a class action to be authorized by the Superior Court, the Code of Civil Procedure sets out the four conditions which must be fulfilled ...

Asters | February 2012

Ukraine is a civil law country with the Constitution being a principal source of law. The main sources of civil and commercial law are acts promulgated by the legislative and executive branches of the state. International treaties ratified by Parliament become part of national law and prevail in a conflict with domestic law ...

Deacons | April 2012

In a Judgment handed down on 28 March 2012, Mr. Justice Hartmann JA determined various questions relating to legal professional privilege. The case involved Citic Pacific ...

Delphi | June 2012

As a consequence of a number of copyright rulings from the CJEU, the Swedish threshold of originality requirement is being superseded by an EU originality criterion. In this article, Henrik Bengtsson, IP expert at Delphi in Stockholm, reports on the development and the possible impact on the harmonisation of Swedish copyright law ...

Deacons | June 2012

On 20 June 2012, the Court of First Instance (in proceedings brought by the Securities and Futures Commission ("SFC")) ordered Hontex International Holdings Company Ltd ("Hontex") to make a repurchase offer to about 7,700 investors who had subscribed for Hontex shares in the initial public offering in December 2009 or purchased them in the secondary market during the 3 months after its shares were listed (by then the present action was taken by the SFC) ...

Heuking | July 2012

During the ITMA Asia + CITMA 2012 in Shanghai (12th - 16th June 2012), an exhibition of worldwide fame for textile machinery manufacturers, the Belgian company Picanol NV has at a Shanghai court successfully applied for and enforced interim injunctions to stop design patent infringements against three Chinese manufacturers, Guangdong Fengkai Machinery Co., Ltd., Shandong Liaocheng Youjia Textile Machinery Co., Ltd. and Zhejiang Wanli Textile and Machinery Co ...

Hunton Andrews Kurth LLP | August 2012

In Sir Arthur Conan Doyle’s short story Silver Blaze, Sherlock Holmes noticed that the guard dog for a famous racehorse did not bark on the night that the horse disappeared and its trainer was found murdered on the moor. 1. Holmes correctly deduced from this that the dog must have known the killer. 2 Inspector Gregory of Scotland Yard overlooked the same clue when  he earlier accused a stranger of the murder ...

Krogerus | September 2012

While arbitration offers an excellent means for parties to get their disputes settled faster than in traditional courts, how you draft the arbitration clause in a document is critically important for a positive outcome – should a dispute arise. Legal agreements often have a clause indicating that parties agree to settle any disputes arising from the arrangement in arbitration ...