Albert Monichino QC: “Stay of Court Proceedings: Tales of the Chicken and the Egg”
Discussion of proper approach to be taken by a national court entertaining an application to stay a proceeding brought by a party that denies being bound by an arbitration agreement.
Martin Scott QC: “Arbitration: Be Alert but not Alarmed”
Is expert evidence required to prove that foreign law is the same as domestic law in an application to enforce an arbitral award? Removal of arbitrators and partial setting aside of arbitral awards.
This Q&A Session with Martin Scott QC & Chris Young discusses the Shen Neng ship grounding on the Great Barrier Reef, and how the issues are of broader relevance to running and managing litigation or arbitration involving foreign litigants,foreign witnesses, non-English speaking witnesses, unusual fields of expertise or large claims against insured defendants.
In this Q&A session, with a focus on Competition Law, Martin Scott QC discusses the challenges and processes in cartel proceedings from investigation through to litigation and resolution. Focusing on the challenges confronting business and their in-house counsel in running cartel litigation, Martin provides insight into the investigation process, the factual complexity arising in framing the issues and arising from the tendency for cases to turn on inferences about “arrangements” or “understandings” and an overview of the issues arising on questions of liability and resolution.