Category: Arbitration - Page 9 of 35

Award issued by Permanent Court of Arbitration in South China Sea dispute

by Planet Depos | Jul 13, 2016 | 0 Comments

By Jade King

A ruling in the long-running South China Sea dispute was released by the Permanent Court of Arbitration in The Hague on Tuesday and has immediately become global front-page news.

Initiated by the Philippines against the People’s Republic of China in January 2013, the disputes actually date back to the early 1950s and have at various times included Japan, Malaysia, Brunei, Taiwan, and Vietnam. The challenges revolve around territorial sovereignty in the South China Sea – in particular the resources falling within the “nine-dash line”, an area based on a Chinese map from 1947, represented here in simplified form with English text.

The arbitration was centred on the area known as the Spratly Islands, a disputed archipelago off the coasts of the Philippines, Malaysia and southern Vietnam. Due to their location relative to strategic shipping lanes, the Spratlys’ governance has always been complicated. In recent years this has also been a source of tension between Beijing and Washington, with US ships and aircraft patrolling the region. The arbitral tribunal was asked to rule on maritime interests as well as environmental issues, reclamation, and whether certain features are rocks or islands.

In the arbitration, the Philippines contended that the “nine-dash line” claim is invalid because it violates UNCLOS (United Nations Convention on the Law of the Sea) agreements. China contended in response that several treaties stipulate bilateral negotiations be used to resolve disputes rather than third-party resolution, hence its declaration of the decision as non-binding and “null and void”. This confirms their long-standing position, which is that they do not accept or recognise the tribunal’s authority. However, the Foreign Ministry stated China remains willing to negotiate directly with other countries. In Manila, Philippines Foreign Affairs Secretary Perfecto Yasay Jr welcomed and affirmed the ruling.

Others have weighed in following the release of the milestone judgment, including the US State Department, which said the PCA decision should be seen as final and legally binding; and Taiwan, which, although not a party to the arbitration, insisted the ruling is not legally binding.

The lengthy Permanent Court of Arbitration decision is unanimous and asks the Chinese government to abide by international laws. It remains to be seen whether the ruling will result in calm negotiation or further regional disturbances. The award can be read in full here.

Planet Depos’ international team of reporters have experience covering arbitration hearings for a variety of bodies, including the Permanent Court of Arbitration. Contact international@planetdepos.com or asia@planetdepos.com to schedule best-in-class realtime reporting at your next international arbitration.

Confidential Transcript Portions

by Suzanne Quinson | Jun 30, 2016 | 0 Comments

Excellence in court reporting begins with the process of scheduling and continues through delivery of the final transcripts. Paralegals and their attorneys are always busy, dealing with lots of little details and unending paperwork. Naturally, to assist their clients, a court reporting agency will deliver an accurate transcript on time, whether expedited or regular delivery has been requested, accompanied by any applicable video orders. At Planet Depos, you can access your files, including videos, through the online repository, which is secure and free with purchase of the transcript.

Prompt delivery is imperative to assist paralegals and attorneys up against tight case deadlines. Quality is of the essence, as a transcript needing many corrections does you no good. What you want is an accurate transcript, on time — or sooner! Transcripts with special instructions are no exception, and Planet Depos is pleased to offer a service to ensure just that, in the case of confidential transcripts.

Planet Depos will provide redacted copies of confidential transcripts, at no charge, when the portions to be redacted have been classified as such at the deposition. This will save you time, work, and money as you prepare your case. Additionally, ensuring timely and accurate confidential designations will further protect your client’s information. The cost savings of this service to your client can be tremendous over time. Equally important is the time saved for you and your support team! Freed from the burden of poring over transcripts, paralegals can make even more efficient use of their time in the office, as they take care of the myriad of details they handle on a daily basis. Now that it is officially summertime, of course everyone wants to spend extra time with their families, playing catch with the kids, sipping a refreshing beverage on the patio, or swimming an extra lap in the pool. Eliminating unnecessary, tedious work provides the extra daylight hours for legal professionals to do just that.

Planet Depos can also save you time by reserving conference rooms (including videoconferencing), interpreters, assisting with printing needs, and more. You can even schedule online. For more information on services, contact Planet Depos: schedulenow@planetdepos.com or international@planetdepos.com.

Court Reporting: An Unfamiliar Industry

by Planet Depos | Jun 28, 2016 | 0 Comments

By Julia Alicandri

The College of Court Reporting recently tweeted a comedic photo of a man with a huge smile, standing in front of a whiteboard with a senseless algorithm of letters and numbers on it, and the caption was “Trying to explain court reporting to pretty much anyone.” Similarly, I was talking to a friend about my position here at Planet Depos, and he was trying to understand the concept of the court reporting industry. He asked about seven or eight questions in a row, and it became quite difficult to explain it all. Some of the questions included:

Why do you need court reporters at all?

You need a professionally trained court reporter to record legal proceedings so that the verbatim record is preserved accurately and impartially. If someone isn’t there to document the proceeding, each side will present their own take on what was said.

Do court reporters work only in the courtroom?

In addition to official court reporters who are employed by the courts and work inside the courtroom, there are freelance court reporters who provide services through the discovery phase of litigation for depositions.

Why would an attorney schedule a videographer?

While the court reporter prepares a written record, the videographer will capture body language, intonation, facial expressions, and gestures that cannot be conveyed through the written record.

Why do attorneys need to hire freelance court reporters?

Can’t they just keep a reporter on their payroll? No. The court reporter is bound by a Code of Professional Ethics to serve as an impartial officer of the court who has no bias, financial or otherwise, in the outcome of the proceedings.

To learn more about court reporting, or to schedule a Planet Depos reporter or videographer, call us at 888.433.3767, or email us at schedulenow@planetdepos.com.

New Arbitrators, New Code of Ethics for the KCAB

by Suzanne Quinson | Jun 23, 2016 | 0 Comments

Just recently the Korean Commercial Arbitration Board (KCAB) announced both the appointment of new arbitrators and the adoption of a new Code of Ethics for Arbitrators in 2016. Both changes demonstrate the KCAB’s continued commitment to improving the arbitration system in Korea, something the KCAB has consistently demonstrated in recent years, most recently by amending its International Arbitration Rules. These latest changes will enhance the selection of arbitrator panels, as well as the independence, impartiality, and integrity of each individual arbitrator.

The KCAB currently lists nearly 1,100 arbitrators on the panel, comprised of experienced, respected arbitrators, speaking a dozen languages between them. This year alone, 98 arbitrators have been appointed, with the assistance of the KCAB’s Arbitrator Review Committee. This committee serves to review the selection, appointment, and dismissal of arbitrators at the KCAB, and is comprised of external members. These measures illustrate the KCAB’s dedication to providing the best arbitration service possible.

Planet Depos routinely covers arbitrations throughout Asia. With reporters and IT support staff living all over the region, their services are available at little to no travel costs. For information on scheduling stenography services for arbitration proceedings in Korea or elsewhere, contact the Planet Depos International Team at 888.433.3767 or international@planetdepos.com.

All-Star Lineup Takes the Field for Korean Sports Arbitration Conference

by Planet Depos | May 17, 2016 | 0 Comments

By Tom Feissner

A view of Seoul. Photo taken by Tom Feissner.

The bases were loaded in Seoul this week as some of the heaviest hitters in sports arbitration law mixed it up in anticipation of the 2018 PyeongChang Olympic Winter Games. In his opening remarks, Conference Chair Eun Young Park of Kim & Chang ran the bases on the topics to be addressed. He then brought home his remarks by stating that in addition to being entertainment, the string of Olympiads taking place in Asia over the next six years are also major commercial endeavors. The success of these endeavors, he contends, depends on maintaining a fair playing field for everyone. The Court of Arbitration for Sport will play a vital role in that regard, he said.

Dr. Park then invited The Honorable Changjae Lee, Vice Minister of the Korean Ministry of Justice, to throw out the ceremonial first pitch. In his remarks, Vice Minister Lee emphasized that because sports are a part of our daily lives, we must have a system to resolve sports-related disputes in order to ensure fairness. He touted the new Seoul International Dispute Resolution Center as the ideal forum for arbitrating such cases.

Michael B. Lenard then took the mound in his capacity as Vice President of the Court of Arbitration for Sport (CAS). According to Mr. Lenard, the CAS was established in response to one of the biggest challenges in sports today: how to resolve the “inevitable” disputes that arise in today’s era of “lightning-fast” media coverage.

“Let the games begin!” Dr. Park then exclaimed as the players took the field. The first inning was all about international sports law and sports arbitration. At the top of the lineup was CAS Deputy Secretary General William Sternheimer, who led the audience on a barnstorming tour of CAS procedure and practice. Panelists Mark Mangan of Dechert and Sean (Sung-Woo) Lim of Lee & Ko thereafter peppered the Deputy Secretary General with questions concerning the advantages of using CAS for resolving sports-related disputes.

Mr. Lenard then stepped up to the plate again to give an in-depth presentation concerning how CAS arbitrates controversies that occur during the Olympic Games. He explained that because time is of the essence during the Olympics, formal adjudicatory procedures are impractical. As an alternative, he said, CAS has established a number of ad hoc divisions specifically designed to effectively resolve disputes on site. Fielding the play for this discussion were Jinwon Park of O’Melveny & Myers and Harald Sippel of Yulchon. Mr. Sippel was called in as a pinch hitter for Lee & Ko’s Young Sook Lee, who was on the disabled list.

The panel mid-discussion. Photo taken by Tom Feissner.

The third inning began with a review of sports arbitration and the rule of law. The moderator for this portion of the event was Kevin (Kap-You) Kim of Bae, Kim & Lee. Speaking on the topic of sports disputes and human rights was Peter Leaver, QC of One Essex Court. Mr. Leaver began with the premise that “by entering the competition, athletes enter into a contract to play by the rules” and that any behavior inconsistent therewith constitutes a breach of that contract. Because a breach gives rise to sanctions, he reasons, athletes are therefore entitled to due process of law. Mr. Leaver then concluded by stating that while the vast majority of athletes are clean and play fairly, there will always be those who cheat, and thus the need to safeguard the rights of all athletes will continue. In addition to Kevin Kim, the panel for Mr. Leaver’s presentation was comprised of Seoul IRDC Secretary General Byung Chol Yoon of Kim & Chang and Professor Benjamin Hughes of Seoul National University.

Utility player Michael Beloff, QC of Blackstone Chambers was then recalled from the dugout to discuss sports and corruption. The draw of all sports, he said, is that their outcome is unpredictable, as opposed to a theatrical performance, the outcome of which never varies. Though the manipulation of sporting events is widely recognized as unacceptable, Mr. Beloff pointed out that corruption in sports is nothing new, citing examples of wrestling match fixing in ancient Egypt and chariot race fraud by the Roman Emperor Nero. He also cited more recent examples such as the 1919 White Sox baseball scandal. The common thread in all these instances is, of course, money, Beloff maintains. Aggravating matters is the fact that athletic associations lack the investigative powers of governments and have no power to arrest, he said.

In the bottom of the fourth, panel members Jin Ho Kim of UNCITRAL Asia, moderator Kevin Kim, and Andrew White of Yulchon then quizzed Beloff on what can be done to combat corruption in sport. He replied that prevention through education is the best method, but clear and specific rules that “can’t be challenged by clever lawyers” and more effective deterrent sanctions are two ways that have also proven effective. The encouragement of whistleblowing through reduced penalties and allowing anonymous testimony was also mentioned.

Kevin Kim then called a time-out for coffee and a seventh-inning stretch, after which the game resumed. The first topic up was anti-doping and fairness. Yun-Jae Baek of Hanol Law Offices, who was called in to relieve Mr. Kim as moderator, then introduced Canadian Richard Pound, QC, former chairman of WADA, to opine on the anti-doping system and disputes. As one of the founding members of the World Anti-Doping Association, Mr. Pound played a large part in promulgating many of WADA’s rules and regulations. He went on to explain his role in the NHL, Lance Armstrong and Sochi Olympics anti-doping controversies. Panelists for his discussion included Sam Kim of Yoon & Yang and John P. Bang of Bae, Kim & Lee.

The bottom of the ninth found Joel E. Richardson of Kim & Chang rounding the bases with a case study in Korean sports. His comments centered on the 2014 case of Yong Dae Lee vs. WBF, in which the World Badminton Federation (WBF) severely sanctioned two Korean athletes for violation of its anti-doping regulations related to “Whereabouts Failures.” Complicating matters was the fact that the Badminton Korea Association (BKA) stood between the athletes and the WBF, often taking action on behalf of the athletes without notice. The case is considered a prime example of the effectiveness of the CAS, which was able to resolve the dispute to the satisfaction of all concerned. Panelists Peter Leaver, QC and Robert W. Wachter of Lee & Ko rounded out the discussion.

As part of the closing commentary, Professor Hi-Taek Shin of Seoul National University and Chairman of the Seoul IDRC expressed his great pleasure at being able to be among such distinguished sports arbitration practitioners, thanked the speakers and panelists for their participation in the conference, and reminded everyone that the Seoul IDRC stands ready to provide the finest in arbitration services and facilities should they ever require a forum in which to resolve a sports-related dispute in Korea.

For more information on how Planet Depos can provide you with a comprehensive suite of court reporting, video, and electronic document management services for your next international commercial or sports-related arbitration, please contact us at (+82) 70.7686.0095, or send us an email at asia@planetdepos.com.

AlphaGo – History Captured by Live Event Subtitling

by Planet Depos | Apr 26, 2016 | 0 Comments

By Jade King

Traditionally, shorthand has been most widely used in the legal and political arenas, but did you know that stenographers also preserve the record at corporate, showbiz and entertainment events? Through the use of realtime technology, the record at these events can also be shared instantaneously with the audience through big-screen subtitling and/or remote streaming.

Google DeepMind recently launched its showcase artificial intelligence (AI) platform, AlphaGo, a program designed to play the ancient Chinese game ‘Go’. Beautifully simplistic, ‘Go’ is played on a 19×19 grid – and with more potential moves than there are atoms in the universe, and hitherto considered beyond programming capability. Profoundly more complex than chess, and requiring subtle intuition, a legitimate computer competitor in “Go” was considered at least a decade away by tech analysts. And yet, stunningly, AlphaGo beat world champion Lee Sedol 4-1 in the five-game match, reshaping our perceptions of artificial intelligence. 280 million viewers around the world watched the matches, and as a result of the outcome, the South Korean government has already pledged it will invest US$863 million in AI research over the next five years.

Planet Depos captioned the gala launch of the AlphaGo v Lee Sedol match in Seoul, Korea, providing live English subtitles for the audience of dignitaries including Google executive chairman Eric Schmidt. Korean subtitles were provided by native stenographers. From the speeches of Marcus Cicero in 65BC to the unthinkable developments in artificial intelligence in 2016, when the spoken word must be preserved, a shorthand writer is never far away. And with its global network of highly skilled stenographic realtime reporters, Planet Depos is ready to preserve your record – wherever and whatever it may be.

New Panel of Arbitrators for Intellectual Property Disputes at HKIAC

by Suzanne Quinson | Mar 21, 2016 | 0 Comments

The Hong Kong International Arbitration Centre (HKIAC) recently announced the launch of their new Panel of Arbitrators for Intellectual Property Disputes. The new panel includes 30 members, with a total of 7 languages and 12 practice jurisdictions among them. Combined, the members have close to a millennium of IP matters experience, which includes copyright infringements, FRAND disputes, and the registration of patents, trademarks and designs. This panel will be HKIAC’s main source for appointment of arbitrators in IP cases and is separate from their regular panel of arbitrators.

Fortuitously, as HKIAC’s launch of the new Panel has taken place, Hong Kong’s government has published proposed amendments to the Hong Kong Arbitration Ordinance. The purpose of the suggested amendments is to clarify that disputes over the subsistence, scope, validity, ownership, or any other aspect of an IP right can be submitted to arbitration in Hong Kong. A further goal of the amendments is to highlight the fact that Hong Kong’s public policy is not an impediment to the enforcement of an award in an IP right issue. Should the amendments move forward, they will go a long way in illustrating Hong Kong’s commitment to continued development into a global center for resolving IP disputes.

With the introduction of this new Panel, HKIAC is well positioned to further increase the number of domain name cases being referred to the Centre each year. 2015 saw a 13% increase from the number of such cases handled in 2014, with a total of 227 domain name cases submitted to HKIAC arbitration. Further, the Panel will increase HKIAC’s expertise in IP matters, as well as the range of IP matters HKIAC is capable of handling.

HKIAC was not only the winner of the GAR Innovation Award in 2015, but also ranked as the most improved arbitration institution in Queen Mary University of London’s 6^th annual arbitration study in 2015. The Panel of Arbitrators for Intellectual Property Disputes will no doubt further enhance HKIAC’s reputation as a center of international arbitration.

With highly experienced realtime stenographers and technicians living in Hong Kong and throughout Asia, Planet Depos is uniquely positioned for seamless coverage of your arbitrations in Hong Kong or anywhere on the planet. To schedule, contact Planet Depos International Scheduling at 888.433.3767 or international@planetdepos.com.

Court Reporting in Popular Culture

by Planet Depos | Feb 18, 2016 | 0 Comments

By Julia Alicandri

As a new employee here at Planet Depos, I’ve learned a lot in the last few weeks. Before I took this position I knew very little about court reporting. I am an avid Law and Order SVU fan, so I was aware of court reporters from the courtroom scenes. However, I soon learned there’s so much more that goes into court reporting.

Now that I’m involved with the profession, I’ve noticed court reporting in quite a few instances on television. There are the obvious shows like Criminal Minds and Netflix’s Making a Murderer, who all film court reporters in the courtroom. However, I also noticed court reporters in more unexpected shows. In an episode of The Office, Michael Scott is a witness in a deposition and, as usual, cringeworthy awkwardness ensues. The court reporter is even given a speaking role, when Michael asks for “a line” and the reporter reads back the comical banter between Michael and the plaintiff’s lawyer. In an episode of Modern Family, Mitchell, who is a lawyer, was in court on Halloween. His case was put in jeopardy when the court reporter showed up… In a spider costume. This was very distracting to the jury. I also recently watched an episode of Two Broke Girls where Max accompanies Caroline to her deposition. Max is in awe of the steno machine, calling it a “tiny typewriter” and sits at it, enthusiastically typing. These coincidences could be potentially because I watch entirely too much Netflix, but I think it’s because court reporting is a critical component of the legal system.

Although these shows are over-the-top fictional series, I hope showing court reporting in film and television sheds light on this promising career. It’s important we raise awareness about the court reporting profession, especially to the upcoming work force. It’s such an underrated occupation, particularly with a shortage looming!

In the Two Broke Girls scene I mentioned above, Max, like me, assumed court reporters were used only in courtrooms. This is a common misconception. Court reporters are a key player in depositions, trials, arbitrations, and any other official proceeding. Freelance court reporters work independently or through a court reporting firm, official court reporters work inside the courtroom, and realtime captioners are responsible for the closed captioning for live television events.

For more information on a career in court reporting, visit the National Court Reporters Association website. If you are already a court reporter and are interested in working with Planet Depos, submit a court reporter profile here.

Using TrialPad for Trial Presentation in Small Cases

by Planet Depos | Feb 9, 2016 | 0 Comments

By David André

In my last blog, we discussed a few tips for creating opening and closing PowerPoint presentations. This post will focus on TrialPad and presenting your exhibits from your iPad.

Most people have seen or used trial presentation in the courtroom at least once. Trial technology is becoming more and more pervasive, but hiring a trial tech can be too pricey for smaller cases. People have told me they’d just do it themselves if the technology wasn’t so difficult to use, but the programs can be very complicated and difficult to learn.

Use TrialPad to highlight important evidence to present to your audience

Thankfully, there is a solution. TrialPad is an iPad app that mimics programs like Trial Director, OnCue, and Sanction. It has all the basic functionality that the others do, but doesn’t have the more complicated features. It’s great for basic annotation tools such as highlighting, drawing, callouts, lines, circles, and zoom. It does not include the ability to edit video, import synchronized video, or create save stages. There are a multitude of great tools that other programs offer that can help with preparation, but most attorneys never use them in smaller trials.

If all you’re planning to do is pull up documents or pictures, TrialPad is all you need. The callouts aren’t quite as precise, but they work well, and smoothly. Pinch to zoom is about as easy as it gets for enlarging images. Drawing annotations is ok, but I strongly recommend a stylus. It makes it more like painting than drawing, but it’s significantly smoother than using your finger.

TrialPad can be linked to your Dropbox account, and when on Wi-Fi, you can simply select the PDF or image files that you want to add to your case. It’s very user friendly, doesn’t take a rocket scientist to learn it. Displaying the presentation is another matter.

There are two methods to present your exhibits from the iPad to the big screen. 1) You can get a VGA or HDMI adapter, which plugs into your iPad’s charging port. With this option, you are physically tethered to the projector or monitor, so once you plug it in, you are pretty much forced to remain in one spot. 2) You can connect your iPad wirelessly using the Apple TV. This method is a little more complicated, but gives you the ability to wander around the courtroom at will and not worry about accidentally disconnecting. There are certainly more points of possible failure using this option, but in my experience, once it’s up and running, it’s pretty stable.

There are other iPad apps that do similar things, such as ExhibitView, TrialDirector for iPad, and Trial Touch. While these apps have their own benefits, TrialPad is the tried and true method on the iPad. It’s easy to learn, and even easier to use. Additionally, the creator responds quickly if you reach out, and he’s very helpful. Plus, they have how-to videos on the website that are very easy to follow.

For those larger exhibit volume cases, or cases with more complex forms of exhibits, videos, etc., I still recommend a trial technician who can help you create custom PowerPoints for your opening and closing, can edit video on the fly, and can take the technology out of your hands, giving you one less thing to worry about. For those attorneys that are confident with technology and want to use trial presentation, but have a budget on a smaller case, I highly recommend TrialPad above all other iPad apps.

For more information on trial technology, contact the Trial Technology Department at Planet Depos at 888.433.3767 or video@planetdepos.com. Our certified trial technicians are more than happy to help solve any technology questions you might have.

Perks of Being a Court Reporter

by Planet Depos | Jan 14, 2016 | 0 Comments

By Brittany Davies

Before working at Planet Depos I had almost no idea what a court reporter was. I knew my aunt was one when I was younger, but that meant almost as much to me as when Rachel thought Chandler was a “transponster” on an episode of Friends. Now with three years under my belt of learning about the career, I get to spread the court reporting gospel and the awesome perks and outlook for the future. Read on to learn about the advantages of this ever-evolving career!

1. Depending on how hard you work at constantly improving your court reporting skills, you could be presented with some really awesome opportunities. History is made every day. How fun would it be to be a part of it? Imagine yourself sitting front row at a State of the Union Address! Or maybe even reporting the deposition of a well-known figure (famous or notorious!). Do you like traveling and learning about new cultures? Maybe you’ll end up in Hong Kong or Australia in the ultimate test of your skills during arbitration.

2. You get to set your own schedule!. As an independent contractor working for a court reporting agency, you will let them know your availability and be scheduled accordingly. Of course, you’re paid only for the jobs that you take, so flexibility and availability are key to your success. There are also opportunities to work for court systems or government entities if you’re looking for a more stable schedule with benefits. You’ll know which is best for you, and you may change it up during your career – additional flexibility to suit your life at any given time.

3. Court reporting allows you to both have your space and be social. You’ll meet a lot of people — lawyers, paralegals, witnesses. You’ll hear a lot and learn a lot. While it’s obvious that you must remain unbiased and more or less seen and not heard during official proceedings, you still must build and maintain relationships. At the same time, you also have the freedom to go to your own space to complete transcripts.

4. And lastly, it’s a skill that pays off. According to the National Court Reporters Association’s Take Note Campaign, the starting salary of a court reporter is approximately $45k. For those court reporters who enhance their skills, knowledge and technical capabilities throughout their career, the earning potential is much greater. Court reporting is a career that affords you the opportunity to learn something about most everything.

Interested in learning more about how to become a court reporter? Check out NCRA’s Take Note. If you’re a reporter looking for a new or better opportunity, learn more about joining our team here!

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