Having to obtain reliable and admissible evidence located in foreign jurisdictions, adds additional layers of complication to cross-border litigations and arbitrations. Thus, the ability to take evidence abroad efficiently, effectively, fairly and economically is an important strategic consideration for parties to litigation and arbitrations alike. This blog considers the taking of evidence across the Channel between now and 31 December 2020 as well as after that date.
Of expectation and clarity: forum conveniens and the choice of law in arbitration
In Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb” & Ors [2020] EWCA Civ 574 (Enka vs Chubb), the English Court of Appeal recently ruled on issues relating to forum conveniens and the choice of law in relation to arbitration agreements. The English Commercial Court considered two issues, including, first, whether the Commercial Court could or should grant an anti-suit injunction against […]
How to make strong International Organisations after COVID-19
Grotius Chambers prepared a primer for discussion that identifies four issues International Organisations must think about now to emerge stronger after COVID-19. As COVID-19 continues to grab the main headlines, it is important that International Organisations (IOs) and their staff are and remain alert to the many consequences this pandemic will cause. Already, IOs took […]
Client Brief: COVID-19 and the 1980 HCCH Child Abduction Convention – pertinent issues
Since the COVID-19 outbreak has been declared a pandemic by the WHO, numerous States have implemented travel bans to contain its spread. For example, on 17 March 2020, the EU announced a decision to close all external borders and restrict non-essential travel between Member States. Other States took similar steps. And even at the national level, States […]
Webinar: COVID-19 and International Child Abduction
Registrations are now open for the free #webinar hosted by MK Family Law and Grotius Chambers. The webinar will take place: Date: Wednesday, 8 April 2020Time: 3 pm (CET, Amsterdam)Registration: via Eventbrite Melissa A. Kucinski, of MK Family Law, and Janaina Albuquerque Azevedo Gomez, Expert in international child abduction law, will consider the impact of #COVID-19 on the return of children, […]
CLIENT BRIEF: COVID-19, International Organisations and Force Majeure
On 11 March 2020, the WHO declared the spread of COVID-19 a pandemic. At the time, 114 States had reported cases. In a bid to halt the spread of the virus domestically and internationally, many States started winding back public life. The measures, some of which are unprecedented in times of peace, all have one purpose: to […]