Disputes in the Time of Corona: ADR as a Fast and Flexible Way Forward

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SARS-CoV-2_49534865371The disruption to business caused by the corona virus will inevitably leads to disputes. Examples that come to mind are the late supply or the failure to deliver critical supplies in an international supply chain, and the allocation of unforeseen risks and costs. Other questions might concern material adverse change (MAC) or force majeure provisions  and insurance coverage for Corona-related issues. In most cases, going to court is not really an option, given the urgency involved in finding a solution.  Continue reading

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Brexit Update: The UK’s Negotiation Strategy

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UK Breixt Feb 2020Earlier this month, when the European Commission published its draft mandate for the Brexit negotiations with the United Kingdom, I looked at what was in there regarding matters relevant to this blog, in particular at judicial cooperation in civil and commercial matters. The European Commission’s paper was silent on these topics. Today, the U.K.’s equivalent has been published, and it contains a short paragraph on the topic: Continue reading

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IBA Annual Litigation Forum: New Challenges in Multijurisdictional Litigation, 6-8 May 2020, Buenos Aires

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IBA_BAThis time last year, I was still quite nerveous about getting everything lined up for the IBA’s Annual Litigation Forum in Berlin which I had the honour of co-charing. This year, I can sit back, relax and plan my trip to Argentina, knowing that things are in the capable hands of our friends Angelo Anglani and Rodrigo Fermin Garcia. Continue reading

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The Hague Judgments Convention – Should the European Union Join?

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HCCH LogoLast week, the European Commission started a consultation process on the question whether the EU should join the Hague Judgments Convention (Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters). Here is the Commission’s summary: Continue reading

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