Searching Content indexed under Litigation, Mediation & Arbitration by Gowling WLG ordered by Published Date Descending.
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Governing Law And Jurisdiction Clauses In International Contracts
David Lowe: Hi I'm David Lowe, one of the partners behind Thinkhouse. I'm really pleased to be joined by Tom Price and Gordon Bell ...
16 Oct 2018
The Supreme Court Holds That The Duty To Consult Indigenous Peoples Does Not Apply To The Law-Making Process: Mikisew Cree First Nation v. Canada (Governor General In Council), 2018 SCC 40
The Supreme Court of Canada released its decision in Mikisew Cree First Nation v. Canada (Governor General in Council) on October 11, 2018.
16 Oct 2018
Town And Village Greens: Court Of Appeal Delivers A Salutary Lesson To Landowners
Are you buying or do you own sites which include open land? Planning team consultant Nigel Hewitson highlights how you may be at risk of land being registered as a "town and village green".
15 Oct 2018
Can The UK Unilaterally Revoke Its Article 50 Notification And, If So, To What Effect?
In its recent judgment in Wightman and others v Secretary of State for Exiting the European Union [2018] CSIH 62, the Court of Session has referred to the Court of Justice of the European Union (CJEU)
European Union
12 Oct 2018
No Appeal Of The Court Of Appeal Decision On Privilege In SFO V ENRC [2018] - Relief Or Disappointment?
Last week the SFO confirmed that it will not be appealing the CA judgment of 5 September 2018 which overturned the first instance decision in Director of the Serious Fraud Office v Eurasian Natural Resources Corp Ltd...
10 Oct 2018
Finance Litigation: The Latest Cases And Issues – September 2018
Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry.
5 Oct 2018
A Return To Intervenor Funding? The Impact Of CNH Canada Ltd v Chesterman Farm Equipment Ltd
The recent decision of the Court of Appeal for Ontario in CNH Canada Ltd v Chesterman Farm Equipment Ltd, 2018 ONCA 637 has the potential to significantly change the scope and frequency of costs awards ...
5 Oct 2018
ISPs Entitled To Compensation For Costs Of Identifying Infringing Subscribers
The Supreme Court of Canada recently issued its decision in the case of Rogers Communications Inc. v. Voltage Pictures, LLC, 2018 SCC 38.
1 Oct 2018
19 Sep 2018
Notice Or Norwich: Who Foots The Bill For Identifying Online Infringers?
The famous New Yorker cartoon goes, "On the Internet, nobody knows you're a dog."
19 Sep 2018
Auditors' Exposure To Liability Continues To Shrink
On Sept. 5, 2018, the Ontario Court of Appeal (the "Court") released its decision in Lavender v. Miller Bernstein LLP, clarifying the scope of an auditor's duties to non-clients.
17 Sep 2018
Public Law Case Update – September 2018
In 2004, Parliament enacted the Civil Partnership Act (the CPA) which enables same-sex couples to obtain legal recognition of their relationship...
14 Sep 2018
Can A Company Stop A Public Authority From Publishing Materials That Might Damage Its Commercial Reputation?
The BHS collapse continues to generate political fallout and to attract the interest of various regulators.
14 Sep 2018
What Might Brexit Mean For International Disputes?
International supply arrangements give rise to the risk of cross-border disputes.
European Union
10 Sep 2018
Brexit: What Will It Mean For Dispute Resolution?
Here we look at one aspect of that paper - what it has to say about civil judicial cooperation, and what that could mean for cross-border dispute resolution after Brexit.
European Union
3 Sep 2018
When Can A Force Majeure Clause In A Contract Be Relied On?
In times of economic and/or political uncertainty, parties to construction contracts may consider whether they have a right to rely on force majeure provisions as a justification ...
22 Aug 2018
International Franchisors Expanding In The UAE: Dos And Don'ts
The Middle East's buzzing commercial platform is attracting more and more international businesses in a wide variety of sectors.
United Arab Emirates
20 Aug 2018
Business And Human Rights - Are Parent Companies Liable For Violations By Overseas Subsidiaries?
There have been several cases in recent years in which the courts have considered whether it is permissible to bring a tort claim against a UK parent company in relation to alleged human rights...
16 Aug 2018
Short But Mighty…?
The Shorter Trials Scheme (ST") is one of a raft of measures designed to improve the customer experience of civil justice.
15 Aug 2018
The Shape Of Litigation
At our most recent ThinkHouse Foundations event, Senior Associate, Tom Cox, from our Commercial Litigation team spoke about the shape of litigation and the typical challenges experienced by in-house and private...
13 Aug 2018
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