Arbitration e-Review: Dispute Resolution in M&A Transactions
– Tactics, Challenges, Defenses
The second edition of the ‘Dispute Resolution in M&A Transactions – Tactics, Challenges, Defenses’ conference took place in June in Warsaw this year. The conference fulfilled its thoughts provoking role and became a jumping-off point to further develop some of the issues raised during the conference. In this review, you will be interested to read the articles and reports from this conference, including an article from Mirèze Philippe who shared with us her thoughts on Fast-Track and Emergency Measures in M&A & JV Disputes in ICC Arbitration, illustrating them with numerous examples of the cases submitted to the ICC International Court of Arbitration in Paris.
Can an Investor Claim Lost Profits for Breach of Pre-contractual Relations?
Luigiterzo Bosca v Lithuania is one of rare cases where the arbitral tribunal dealt with protection of pre-contractual rights under the BIT and, especially, the extent of state’s liability in cases of breaches in pre-contractual relations with an investor.
An abundant number of agreements have been and will be concluded between states and investors operating under the bilateral investment regime and even a larger number of negotiations will fail before reaching the final stage of signature. An investor may spend large sums of money with the aim of concluding an agreement with the state. If the final agreement is not signed, these investments may be lost. Is the bilateral investment regime able to assist investors where investors spend large sums of money and where the negotiations are terminated by the state? Would the investor only be able to recover its costs or could the state also be liable for the investor’s lost profits?
Vilija Vaitkute Pavan and Rapolas Kasparavicius reporting on this case. Read More
Why bring diversity to ADR Is a Necessity
The dramatic absence of diversity in the neutrals selected for alternative dispute resolution (ADR) proceedings has fown under the radar. The International Institute for Confict Prevention and Resolution (CPR) recently developed its 2013 Diversity Commitment as one way to address this problem. By adopting this readily usable tool, corporations, organizations and their counsel can demonstrate their commitment to diversity in their selection of mediators and arbitrators. CPR hopes that corporations’ adoption of the Diversity Commitment will lead to a long-term paradigm shif.
Laura A. Kaster & David H. Burt report. Read more
ArbitralWomen reported in its Newsletter of April 2013 about Alcatel-Lucent StrongHer "A grassroot movement to unleash feminine talent". A clip has just been broadcasted on Alcatel-Lucent website to present StrongHer. Click here to view.
“The video is full of energy and is more than just a presentation of the network” said Virginie Gervais-Bazin, in charge of StrongHer External communication and partnerships, Budget and funding. “It is a series of employees' enthusiastic testimonies on what StrongHer brings them and on the commitment of StrongHer with Corporate Diversity Leaders to increase the impact of diversity initiatives”.