Canna Law Blog Card Default
Canna Law Blog

Cannabis Litigation 101: Arbitration

This is the second post in a series on various aspects of cannabis litigation. The title is admittedly a bit misleading, as arbitration isn’t really the same thing as litigation. That said, the two can intersect, and so understanding what arbitration is and is not, is important for cannabis businesses. After all, many contracts in

China Law Blog
China Law Blog

China Contracts: Arbitration Versus Litigation

Great discussion happening on our China Law Blog Linkedin Group on litigation versus arbitration in China contracts. The discussion started with a US lawyer posing the following question: “Should a Contract Between a Non-Chinese Company and a Chinese Company Require Courtroom Litigation or Arbitration?” He then went on to sort of answer it himself, with

International Arbitration Lawyers
China Law Blog

U.S. Supreme Court to Rule on Important International Arbitration Issue

1. Can a Non-Signatory Compel Arbitration? On June 28, 2019, the United States Supreme Court (“Supreme Court”) agreed to resolve a key issue in international arbitration agreements: whether the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Foreign Arbitral Award Convention”) permits a non-signatory to an arbitration agreement to compel

China Law Blog

How to Sue a Chinese Company, Part 4

This is Part 4 of this series on how to sue a China company. Part 1, How to Sue a Chinese Company: The 101,  was on how to effect service of process on a Chinese company under the Hague Convention Service of Process rules and on the jurisdictional issues involved in suing a Chinese company. Part 2 dealt

CIETAC Arbitration
China Law Blog

Will the Real CIETAC Please Stand Up?

Photo by Dunk For more than a year, the China International Economic and Trade Arbitration Commission (CIETAC), China’s dominant arbitral institution since its founding in 1956, has been fighting a noisy and public civil war. The resulting chaos shows no signs of ending, and any company considering arbitration in China and any company that has

Canna Law Blog Card Default
Canna Law Blog

An Arbitration Primer for the Marijuana Industry, Part One

Our recent post How to Avoid Cannabis Litigation: Five Tips got us thinking it was time for a companion post on arbitration. Arbitration, like litigation, is a process for resolving legal disputes. Despite its increasing use, arbitration remains a bit of a mystery for many people. But the differences between the two can be significant, and

Canna Law Blog Card Default
Canna Law Blog

An Arbitration Primer for the Marijuana Industry, Part Three

In the first part of this series we covered the basics of how arbitration works, and some of the main differences between arbitration and litigation. We then in the second part examined some of the benefits and drawbacks of a cannabis business settling a dispute through arbitration. Today in the final installment, we will discuss arbitration clauses

China Law Blog
China Law Blog

China Contracts: To Arbitrate or Not to Arbitrate, That is the Question.

Arbitration clauses fascinate me. I can nearly always judge the legal thought that went into an agreement through its arbitration/litigation provision alone. I usually can instantly tell from just that one provision whether the contract was drafted by a lawyer or not, and if it was drafted by a lawyer, whether that lawyer knows international

Canna Law Blog Card Default
Canna Law Blog

An Arbitration Primer for the Marijuana Industry, Part Two

In the first part of this series we covered the basics of how arbitration works, and some of the main differences between arbitration and litigation. Today we will consider some of the benefits and drawbacks of a cannabis business settling a dispute through arbitration. Privacy. In the first part we discussed the “private” aspect of arbitration in