Before you take the plunge. International arbitration - Part 4. Making claims pay: the enforcement of arbitral awards in international disputes

One of the key advantages of resolving an international dispute through arbitration, rather than court proceedings, is that it is often easier and quicker to enforce an arbitral award than a court judgment.

Before you take the plunge. International arbitration – Part 2. Which rules? Which venue?

Parties agree to use arbitration as their chosen method of dispute resolution either by an arbitration agreement in relation to future disputes or by a submission agreement once a dispute has arisen.

Before you take the plunge. International arbitration - Part 1. The pros and cons of international commercial arbitration

In this, the first part of our second 'before you take the plunge' mini series, we look at the pros and cons of international arbitration, including flexibility, privacy and confidentiality, pre-emptive remedies, speed and cost.

Before you take the plunge. Managing the costs of dispute resolution - Part 4. Focusing an opponent's mind on settlement

Making an offer of settlement under Part 36 of the Civil Procedure Rules (Part 36) is one of the most crucial tactical steps in litigation.

Before you take the plunge. Managing the costs of dispute resolution - Part 3. Share and share alike - contingency fees

One of the most groundbreaking recommendations in Jackson LJ's final report on litigation costs is the introduction of contingency fees.

Before you take the plunge. Managing the costs of dispute resolution - Part 2. Help I need somebody - is third party funding the answer?

For claimants that cannot afford to pursue a valid claim or have the resources but simply want to avoid the cash flow and/or costs risk of funding a piece of litigation, third party funding may be a viable option.

Before you take the plunge. Managing the costs of dispute resolution - Part 1. Funding litigation - can you cut the costs?

The use of conditional fee agreements (CFAs) and after the event (ATE) insurance enables litigants to bring claims which they may otherwise be unable, or unwilling, to pay for.

Civil litigation funding and costs - reform is on the way

Some 14 months after the publication of Lord Justice Jackson's Civil Litigation Costs Review, the Lord Chancellor and Secretary of State for Justice, the Rt Hon Kenneth Clarke QC MP, yesterday presented the Government's response as to how it would implement his recommendations.

Local authority litigation update

With cuts to public spending high on the current political agenda, the focus on litigation issues for local authority in-house lawyers increases too.

Sky proves fraud against EDS

The long-awaited judgment of Mr Justice Ramsey in the case of BSkyB Limited (Sky) v  Electronic Data Systems Limited (EDS) was handed down yesterday with EDS, now owned by Hewlett Packard, found liable for deceit, misrepresentation and breach of contract.

Lord Justice Jackson publishes final report on civil litigation costs

Lord Justice Jackson's Civil Litigation Costs Review makes a number of important recommendations which, if implemented, could result in significant changes to civil procedure.

A guide to health, safety and other prosecution risks - part 13. PACE interviews - a word of caution

Following an incident, if the regulator believes an offence has been committed, a request for an interview under caution pursuant to the provisions of the Police and Criminal Evidence Act 1984, often referred to as a "PACE interview" may be made.

Litigation survival guide - part 18. Putting payment terms under the microscope

With no end in sight to the economic downturn, payment terms are increasingly important to many businesses. Contractual terms agreed in the past regarding payment may now appear somewhat outdated.

Litigation survival guide - part 17. Keeping your settlement confidential

You've reached a compromise, avoided the public arena of a trial and the potentially unwanted publicity that can go with it, and are happy with the terms of settlement negotiated.

Litigation survival guide - part 16. That's settled then!

Ensuring that a settlement agreement achieves its purpose is crucial.

Litigation survival guide - part 15. Securing the costs of your litigation

Litigation can be costly. Having to defend an unmeritorious claim made by a financially unstable company is the worst case scenario for any defendant and, in a period of economic downturn, the risk of this happening is increased.

Litigation survival guide - part 14. Mediation - do you have to and why should you?

Parties should always be alert to the possibility of mediation as an alternative form of dispute resolution. This is particularly so in the current economic climate as mediation can resolve a dispute in a short time frame.

Litigation survival guide - part 13. Offers to settle under Part 36

In any litigation, but possibly more so in times of economic downturn, considering offers of settlement is crucial. If an offer is accepted you will save on legal and management costs.

Litigation survival guide - part 12. Meeting your disclosure obligations

Disclosure is an integral and essential part of the litigation process.

Litigation survival guide - part 11. Time is (recoverable) money. Recovering wasted staff and management time

When a dispute arises which subsequently leads to litigation, the internal costs of investigating and dealing with the problem can be significant.

Litigation survival guide - part 10. To use or not to use? That is the without prejudice question

If I stick without prejudice on this email, I can't go wrong. Wrong!

Litigation survival guide - part 9. Privilege - top five Q&As

Privilege is a complex area which can be the source of much confusion. The rules on privilege play a key role in the obligation to disclose documents which is an important stage in any litigated dispute.

Litigation survival guide - part 8. Cost-effective litigation

Although litigation should always be conducted in a cost-effective manner, in periods of economic downturn this becomes increasingly more important.

Litigation survival guide - part 7. Think before you claim

You might have a good claim, but jumping in with a strongly worded letter threatening court proceedings if settlement is not achieved by return of post is not necessarily the best way of achieving your desired outcome.

Litigation survival guide - part 6. Regulatory breaches - steps in the right direction

We live in an ever more regulated age. European and global markets are increasingly regulated and this trend looks set to continue.

Litigation survival guide - part 5. Responding to the threat of winding-up

Although service of a statutory demand or winding-up petition on a company is a blunt and unsophisticated debt recovery tool, it will often have the desired effect for a creditor as they are seldom ignored and ignored only at the company's peril.

Litigation survival guide - part 4. Winding-up your corporate debtor

The threat of insolvency proceedings against a corporate debtor can greatly assist a creditor's primary objective of getting paid, preferably in advance of everyone else.

Litigation survival guide - part 3. Retention of title: sellers beware!

With the effect of the global credit crunch hitting national and international trade, sellers should take a close look at their standard terms and conditions of sale to ensure that they have a valid retention of title (ROT) clause.

Waiving goodbye to a 'no-waiver clause'?

A party with the right to terminate an agreement for the other party's breach can lose that right even if that agreement contains a "no-waiver clause".

Litigation survival guide - part 2. Keep your friends close, keep your suppliers/customers closer - avoiding problems in the supply chain

Surviving the economic downturn is not just about looking after your own business. Monitoring the performance of significant customers/suppliers can be crucial to your financial performance.

Litigation survival guide - part 1. Escape to victory: points to consider when terminating a contract

For a number of reasons you may wish to consider whether you can terminate a contractual relationship you have entered into. During periods of economic downturn the instances of this are greater.

Escaping the abyss: How the court decides costs and the importance of making and accepting reasonable offers of settlement

A recent judgment has clarified that "winner takes all" no longer applies to recovery of costs in litigation. The formula to be used by trial judges in deciding the most appropriate costs order is now much more complicated.

The Wragge & Co balloon debate

And who says dispute resolution can't be fun? Watch the video to find out who was top dog!

Arbitration appeals - (how to avoid) washing your dirty laundry in public

One of the long established advantages of arbitration over the use of courts to decide disputes is that the arbitration process is private and the eventual award is confidential to the parties involved.

All signs point in one direction - mediation

Anyone who litigates will be interested in what the Master of the Rolls recently had to say, namely that parties should be encouraged and perhaps directed to engage in mediation.

Transfer of ownership of copyright - will an implied term suffice?

To see what the Court of Appeal said in Meridian International Services Ltd v Richardson & Ors [2008] about the ability of a party to successfully allege an implied term read our analysis and comments on this case.

Expert determination: court refuses escape route from a final and binding decision

An important decision this week in Owen Pell Limited v Bindi (London) Limited has confirmed that where parties contract to allow an expert to determine an issue, then the courts will be extremely reluctant to interfere with the expert's finding.

Winning and losing under Part 36

"Beating" a Part 36 offer will not necessarily lead to a costs order in your favour as seen in Carver v BAA. Read our analysis of this potentially far reaching decision and consider our action points when reviewing all Part 36 offers.

Is that exclusion clause enforceable?

The Court of Appeal has reversed an earlier court decision which refused to allow a party to rely on an exclusion clause contained in its standard terms of business. Read our expert analysis of the case.

Scoring extensions and avoiding penalties

Recovering the cost of mediation