Navigating dispute resolution: Exploring expert determination mechanisms – Polish perspective

Disputes Yearbook 2024

Sołtysiński Kawecki & Szlęzak on the increasing importance of dispute adjudication boards

In recent years, court proceedings in Poland have been taking increasingly longer. The natural answer to this is arbitration, but unfortunately, in business reality even arbitration turns out to be too long for the parties. Probably for this reason we observe seeking for dispute avoidance by incorporating different kinds of dispute-resolving mechanisms into contracts. Does …

Bifurcation – More risk than reward?

Disputes Yearbook 2024

Gernandt & Danielsson look at the recent trend of bifurcation in Swedish litigation and arbitration

Like most other legal practices, arbitration and litigation are sensitive to trends. Arbitration even more so, due to its flexibility and dispositive nature compared to the many times rigid and robust procedural codes that – for better or for worse – tend to bar more creative approaches from the courts or counsel. In recent years, …

Debate winners – which disputes teams are best at making their case to the Legal 500?

Disputes Yearbook 2024

From High Court stalwarts to national powerhouses, an analysis of the Legal 500 UK disputes rankings highlights the firms at the top of their game, with HSF, Quinn and DLA leading the pack

Disputes is one of the broadest areas of work covered by the Legal 500; while commercial litigation accounts for over half of all of our disputes rankings, a diverse range of specialisms also fall under the disputes umbrella, from professional discipline and commodities to debt recovery and costs.

Splitting the tab: allocating transaction costs in M&A deals as a topic in tax litigation in Switzerland

Disputes Yearbook 2024

Lenz & Staehelin looks at the complex issue of allocation of transaction costs in Swiss deals

M&A transactions entail significant transaction costs, such as fees for investment bankers, legal or tax advisers, due diligence costs and project management expenses. In practice, the question of whether transaction costs should be borne by the target company or its shareholders is regularly a contentious issue. This question gains significance if the acquirer is a …

Riddle of applicable application fee in enforcing foreign judgments

Disputes yearbook 2024

Gün + Partners on the need to clarify the issue of application fee

Under Turkish law, the rules governing the collection of trial fees are regulated by the Law of Fees No. 492 (Law no. 492) and the applicable fees are under Tariff 1 of the Law no. 492. Article 4 of Law no. 492 also explicitly refers to Tariff 1 in terms of the fees applicable in …

Perspectives: Bankim Thanki KC

Disputes Yearbook 2024

‘I still regard this whole thing as extended work experience to see if this might be the right career for me’ – top-tier commercial silk Bankim Thanki KC on epic trials, great movies and clients doing a runner

I still don’t regard myself as a proper ‘lawyer’ as such. Despite 35 years in practice at the Bar, 21 of which have been in silk, I still regard this whole thing as extended work experience to see if this might be the right career for me. I was on the verge of starting a …

Q&A: Mayora & Mayora

Disputes Yearbook 2024

Mayora & Mayora on Honduras’ legal market and its current trends

What are the key legal frameworks and regulations governing dispute resolution in Honduras? At the heart of the Honduran legal framework lies our Constitution. This foundational document defines the boundaries within which disputes are adjudicated and resolved. Complementing this bedrock are other legislative pillars such as the Civil, Civil Procedure, and Commercial Codes. A thorough …

Q&A: Clyde & Co – Garza Tello

Disputes yearbook 2024

Clyde & Co – Garza Tello on Mexico’s legal market and its current trends

What are the current trends and developments in the disputes legal market in Mexico, and how do they impact legal practitioners? During the last decades, the dispute legal market has been in constant growth in Mexico. The nearshoring phenomenon has caused Mexico to become the biggest commercial partner for the US, and foreign companies settling …

Perspectives: Sherina Petit

Disputes Yearbook 2024

‘I was always sure that I wanted to pursue law – have clients hang on to my every word like they did with my father’ – Stewarts arbitration head Sherina Petit on tackling bad behaviour, following in her father’s footsteps, and saving the stray dogs of Mumbai

I am the third generation in my family to have taken up law, following in the footsteps of my grandfather and father. My father was a partner at one of the top law firms in Mumbai and some of my best memories are of sitting in his office during school summer holidays, listening to him …

Taking an important case to trial: jury research

Disputes yearbook 2024

MoloLamken’s Steven Molo and Sara Margolis outline the process and benefits of jury research

Last year, we spoke with MoloLamken partners Steven Molo, one of America’s leading trial lawyers, and Sara Margolis, a rising courtroom star, to learn how a party in a high-stakes trial might improve its chances of success. We spoke with Steven and Sara again about a critical step in preparing for high-stakes trials: jury research. …