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CJEU ruling poses threat to the stability within the EU of judgments issued by Polish state courts
On 6 October 2021, the Court of Justice of the European Union (CJEU) issued a ruling in which it found that the system of appointing state court
Tenke v Katanga: The English Commercial Court Provides Further Clarity on the Ability to Recover Third Party Funding Costs in Arbitration
The recent English Commercial Court decision in Tenke Fungurume Mining SA v Katanga Contracting Services SAS 2021 EWHC 3301 (Comm) has provided an
Counterclaims and applications for recognition and enforcement of awards
The High Court's decision in Selevision Saudi Company v. Bein Media Group LLC 2021 EWHC 2802, which has rejected an application for permission to
Designing Dispute Resolution for Educational Institutions: Listening Is Key
You are an associate professor at an esteemed college, which you always thought of as your dream job. Of late, however, you feel as though you are
UK Supreme Court Decisions on Arbitration Agreements and Procedure in 2020-2021
The last two years have seen three landmark decisions of the UK Supreme Court on arbitration agreements and procedure. This alert summarizes those
The fourth time is the charm: The implications for maritime and international trade arbitrations in Singapore under the Fourth Edition of the SCMA Rules
The Singapore Chamber of Maritime Arbitration (the "SCMA") has, in its commitment to provide a "neutral, costeffective and flexible framework for
The (Continued) Case for the Emancipation of Arbitration from Canadian Courts: Watch Your Language
In the legal world, countless hours are spent choosing, weighing and defining words, expressions and phrases, and linguistic precision is instilled
Private financial dispute resolutions and early neutral evaluation
We know that the landscape of the Family Court and family practice is changing. There are already very significant delays in the administration of
Arbitration. Arbitrability. Federal Circuit finds that arbitrability should be determined by the arbitrator, and not the district court, where there was clear and unmistakable evidence of the parties' intent to delegate the issue to the arbitrator.
In 2007, Rohm Japan and Defendant MaxPower entered into a technology license agreement, which, as amended in 2011
Arbitration. Enforcement of Foreign Arbitration Awards. District court refuses to enforce foreign arbitration award where the underlying arbitration agreement was not valid under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Petitioner Jiangsu Beier Decoration Materials Co., Ltd. ("JBDM"), is a Chinese flooring manufacturer. On May 17, 2019
Arbitration. Compelling Arbitration. Fifth Circuit finds that, in determining diversity jurisdiction under the Federal Arbitration Act, a court should consider only the citizenship of the party seeking arbitration and the party resisting it, rather than "looking through" to all parties in the underlying proceedings.
Telesforo Aviles ("Aviles") worked for ADT, LLC ("ADT"), installing security systems in customers' homes. ADT discovered that
Arbitration. Compelling Arbitration. District court compels arbitration where collective bargaining agreement containing an arbitration provision was incorporated by reference into an employment agreement.
Plaintiff Monica Muñoz ("Muñoz"), is the Personal Representative of the Estate of Roman Dario Palacios Holguin ("Holguin"
Arbitration. Foreign Sovereign Immunities Act. Fifth Circuit vacates judgment of district court and remands with instructions to dismiss case against Saudi Arabian Oil Company under the Foreign Sovereign Immunities Act.
Plaintiffs, the alleged descendants of a Saudi sheikh, initiated arbitral proceedings in Cairo, Egypt against Saudi Arabian Oil Company
Arbitration. Subpoenas. District court holds that Ukraine may not quash 25 non-party subpoenas because its interests in protecting the information sought did not outweigh the probative value of discovery.
In 2014, an international Arbitral Tribunal awarded PAO Tatneft ("Tatneft")a publicly traded company organized under the laws of the Russian
Arbitration. Subject Matter Jurisdiction. District court holds that it has no power to enjoin arbitration proceedings where there was no diversity or federal question jurisdiction.
Plaintiff Perini Management Services ("Perini") is a construction contractor that specializes in building facilities for U.S. agencies overseas
Bill Passed to Allow Conditional Fee Agreements, Expand Foreign Lawyers' Representation
In a drive to strengthen Singapore's position as an international dispute resolution hub, the Ministry of Law ("MinLaw") has been continuously
Discovery unlimited: the Supreme Court set to rule on whether parties to a foreign arbitration can order U.S. discovery
The United States Supreme Court is finally set to resolve a Circuit split regarding whether district courts can order discovery for private
Arbitration Award Set Aside by Hong Kong Court
In a significant decision in the case of Arjowiggins HKK2 LTD v. X Co 2022 HKCFI 128, the Hong Kong Court of First Instance (the “CFI”) set aside
Was the European Commission Right to Qualify the Micula Award as State Aid? The Question is Referred Back to the EU General Court
In its judgment rendered today, the Court of Justice has quashed the General Court’s decision having ruled that the European Commission was not
Ontario, Canada Arbitrator Denies Union’s Cease and Desist Application Regarding Employer’s Mandatory COVID-19 Vaccination Policy
In Canada Post Corporation and Canadian Union of Postal Workers (CUPW), Arbitrator Kevin Burkett denied CUPW’s cease and desist application filed
Cross border insolvency - second application by Hong Kong liquidators to seek recognition and assistance in Mainland China
The recent case of Zhaoheng Hydropower (Hong Kong) Limited (In Liquidation) is the second application made by liquidators in Hong Kong to seek
Indian parties opting for foreign law to govern their arbitration agreement
International arbitration often invites the interaction of different systems of law with one another, which although enhances the quality and scope of
Stand of Delhi High Court in the case of sanjiv prakash v seema kukreja & Ors.
The Delhi High Court recapitulated in the recent Sanjiv Prakash v. Seema Kukreja & Ors. the case that the novation of a contract will ultimately lead
2021 in Review: Key Investment-Arbitration Developments in Europe
Looking back on 2021, one realizes that for those interested in the intersection between EU law and investment arbitration, it was a busy year. As
Hon. Hugh L. Fraser (Ret.) Appointed to Order of Canada
JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is honored to share that Hon. Hugh L. Fraser
Dissecting power of High Court under articles 226 and 227 in the area of arbitration
The conflicting jurisprudence on whether, and to what extent the High Courts across the country can interfere with arbitration proceedings under
Challenging foreign awards under section-34 of the arbitration and conciliation act
Constant growth in international trade has culminated in parties from different markets pursuing alternative conflict resolution approaches in order
COP26 Created New Carbon Market Rules: How Will Arbitration Respond?
As the climate crisis has intensified, much has been said about the roles that arbitration can play in the collective global response - including
Disputes Newsletter - Quarter Oct-Dec 2021
This newsletter covers key updates about developments in civil and arbitration disputes for the quarter October - December 2021. We have summarized
“Seat of arbitration” and “venue of arbitration” - What do they mean under Vietnamese law?
In international arbitration, determining the “seat of arbitration” is important since the law of the country where the seat of arbitration is located