Featured Articles

International Arbitration Outlook And the Selection of the International Litigator

Michael McIlwrath

If you read the press – or at least the law firm marketing materials that land on the desks of corporate in-house counsel – arbitration is in a full growth mode. In 2006, a major accounting firm even issued a purported study of international business and concluded that companies increasingly rely on arbitration as the preferred method of dispute resolution for their international contracts. But the old saw about not believing everything you read applies to international arbitration. These happy reports stand in stark contrast to the frustration being voiced – both in corporate hallways and at conferences – that arbitration has become a slow, cumbersome procedure obsessed with due process at the expense of the efficiency and clarity of the parties’ rights.

Capital Markets in South Africa

Megan McDonald

Director, Securitisation Standard Bank of South Africa Limited

Unlike many of its African and emerging market counterparts, South Africa relies more on its domestic capital markets for funding than on international borrowing. This is partly due to its historical legacy and the preferences of the current government.

Mining Mergers & Acquisitions in 2006

Tookie Angus

Adviser to Fasken Martineau DuMoulin LLP with the assistance of Jean-Michel No→l, student at law

The mining industry underwent a series of consolidations in 2006. In fact, as many as 975 mining mergers and acquisitions (M&A) worth more than US$157 billion were proposed last year. And nowhere was the M&A activity more intense than in Canada.

In-house counsel in Asia - A Strengthening Position

Jane Niven

General Counsel Asia Pacific Jones Lang LaSalle, Singapore

Once upon a time young overworked under-paid lawyers everywhere saw the in-house counsel role as a quality of life alternative that would solve all their woes and enable them to earn a good living without leaving the law altogether.

What to Expect from a Foreign Outside Counsel?

Daniela Canale Brito Esq MPIA

Dunkin Brands Inc - Director and International Counsel

This introduction deals with an issue that is becoming more prevalent in the world of corporate America. As US companies engage in foreign affairs, harmonising legal matters between two very distinct partners becomes a major hurdle for the business.

What Makes a Good Litigator?

Geoffrey Timms

Group Head of Legal Legal & General Group plc.

The invitation to write the introductory article has allowed the opportunity to reflect with colleagues as to what makes a good litigator. Below is a selection of the qualities that I believe are seen in the best litigators that I have come across both acting for Legal & General and against it.

The New Paradigm for Restructurings and Chapter 11 Reorganisations in the United States

Harvey R Miller

Michele J Meises

The world of restructuring and reorganisation has dramatically changed from that which existed in 1978, when title 11 of the United States Code (the Bankruptcy Code) was enacted.

Challenges for Construction Contractors Operating Across The World

Frank McCormack

Head of legal services Balfour Beatty plc

While economists and those who forecast business cycles will indicate that construction is a booming industry sector, it is necessary to recognise that the sector has remodelled itself entirely over the last 10 years.

Competition Law Around the World

Anne Riley

Assistant General Counsel Antitrust, Shell International

Dominique Speekenbrink

Legal Counsel Antitrust, Shell International

Over the past 10 years business has had to adapt to the proliferation of competition laws worldwide. Now, more than 100 jurisdictions enforce competition laws, with others following suit.

Potential Opportunities in Arbitration for Specialists in Criminal Work

Arthur Harverd

Carter Backer Winter UK

This introduction deals first with potential opportunities in arbitration for lawyers who specialise in criminal work and then proceeds to consider some current issues relating to expert evidence in the field of accountancy.