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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

Good Bad Ugly
Canna Law Blog

Cannabis Arbitration: The Good, The Bad, and The Ugly

As each state’s cannabis industry matures past the licensing and permitting phases, expect to see a huge uptick in internal and external issues with cannabis businesses: promising partnerships turn into bitter rivalries, companies go broke, permits and licenses get voided, etc. All of these issues need to be resolved, and many companies or their execs

China Law Blog
China Law Blog

Foreign Company International Arbitration

Last fall, in U.S. Supreme Court to Rule on Important International Arbitration Issue, I wrote about an important international arbitration matter pending before the United States Supreme Court on whether foreign companies doing business in the United States can arbitrate a dispute with an American company. The specific issue was: Whether the New York Convention

Clarity Comes to CIETAC at Last
China Law Blog

China Arbitration: An End to Uncertainty

As we reported in earlier posts, international arbitration in China entered a period of uncertainty in 2012. See Will The Real CIETAC Please Stand Up. For many years, Beijing based CIETAC controlled international arbitration in China. To expand its scope, Beijing CIETAC established sub-commissions in both Shanghai and Shenzhen. Tiring of the oppression of their Beijing

China Law Blog
China Law Blog

China Arbitration Developments

The below is a summary of recent decisions impacting China arbitration. Anti-monopoly disputes are not arbitrable in China In August 2016, the Jiangsu Provincial Higher People’s Court held that anti-monopoly cases involve the public interest and therefore such disputes cannot be arbitrated between private parties. The court was hearing a case where the plaintiff had

International arbitration
China Law Blog

Arbitration In Your International Contracts: Adult Supervision Required.

With sushi restaurants, it’s the yellowfin. With new houses, it’s the windows. With international contracts, it’s the dispute resolution provision. The “it” I am talking about is the one easiest, fastest, most accurate, way to judge whether something is good or not. And the way I judge international contracts is by heading straight to its

How to Sue a Chinese company in a court or via arbitration
China Law Blog

How to Write a Bad International Arbitration Clause

Yesterday, I attended a fantastic webinar on alternative dispute resolution. Its focus was on arbitration and mediation in Latin America, but pretty much all of what was said applies worldwide. I wrote down one thing said at the event, thinking I would use it for a blog post and today I am. That one thing

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Canna Law Blog

Cannabis Contracts: Is Arbitration the Key?

  One of the questions that needs to be answered in every state with marijuana legalization is whether marijuana contracts be enforceable in state court. If an activity is legal under state law but illegal under federal law, courts need to determine whether contracts involving the activity are for an “illegal” purpose and thus void

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China Law Blog

Arbitration in China: Get Used to It

Five years ago, it was the rare contract between a Western company and a Chinese company that called for arbitration in China. Maybe 25% of Chinese companies would suggest arbitration in China back then and our China lawyers would usually respond to that request by making clear that only complete suckers would ever agree to

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China Law Blog

International Dispute Resolution Clauses: Context is Everything

1. International Dispute Resolution Clauses Every month or so, a lawyer will write me out of the blue with a “quick question” about a draft contract. One of the most common “quick questions” we get are those asking us to “confirm” that some particular court or arbitration body would make the most sense for such