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Lex contractus versus lex arbitri - A deep dive into Disortho SAS versus Meril Life Sciences Private Limited
A three-judge bench of the Hon’ble Supreme Court (SC) in the case of Disortho SAS v Meril Life Sciences Private Limited in an application for…
Copying of Awards from Parallel Arbitrations: Mere Shortcut or Breach of Natural Justice?
A fair process is foundational to the legitimacy of arbitration. Without a fair, impartial, and equal arbitral process, any party may rightly seek to…
Arbitration Insights: The Role of Courts in Arbitration Proceedings
Although arbitration is an independent dispute resolution mechanism, courts still play an essential role in supporting…
Hon. Morton Denlow (Ret.) Honored With Harris H. Agnew Service to Community Award by Resolution Systems Institute
Chicago - JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce that Hon. Morton…
German Federal Supreme Court upholds arbitration agreement despite opt-out of Law on General Terms and Conditions in arbitration clause
The landmark decision confirms the validity of arbitration agreements where the parties' choice of law excludes the Law on General Terms and…
Federal election energy policies: could a new east coast gas policy trigger foreign investor claims?
With the public focus on cost-of-living pressures dominating the political cycle, energy costs and energy security have become key topics of…
Hong Kong Court makes security for costs order against Mainland parties with no assets in Hong Kong
In Y and Another v GI and Another [2025] HKCFI 1317, the Hong Kong Court of First Instance (“Court”) allowed the Defendant’s application for security…
PRC Employment Case Law Commentary (2) - When a Favor Turns Risky: Social security Contributions and "Shadow Employee" Disputes
In the previous publication (see Case 1 link), we analyzed how even a written employment contract bearing an official company seal may not…
Developments in Arbitration in APAC: The SIAC Rules 2025 and HKIAC's Latest Practice Note
As the pace of technological advancement accelerates, disputes are becoming more complex, and cross-border in nature. With stakeholders in the…
Trends in Mass Arbitration
Mass arbitration continues to be a significant and evolving issue in the legal landscape, particularly for consumer, healthcare, and employment…
PRC Employment Case Law Commentary (1) - Employment Contract Only Could Not Establish Employment Relationship
In labor disputes, a written employment contract is often seen as the most straightforward and compelling evidence of an employment relationship…
General Overview and Advantages of Insurance Arbitration
The insurance arbitration system is an alternative dispute resolution mechanism aimed at resolving disputes arising from insurance contracts more…
Sigorta Tahkim Hukuku Hakkında Genel Bilgiler ve Avantajları
Sigorta tahkim sistemi, sigorta sözleşmelerinden kaynaklanan uyuşmazlıkların mahkemeye taşınmaksızın daha hızlı ve etkin bir şekilde çözüme…
Commodities in Focus weekly - Issue 123
On 16 November 2018, Chugga Chugg Pty Ltd ("Chugga Chugg"), an SPV controlled by the Australian billionaire, Mr Brett Blundy, the Claimant in these…
Part I: Benefits and risks of the use of AI in arbitration
The Chartered Institute of Arbitrators has recently released its "2025 Guideline on the Use of AI in Arbitration" (the Guidelines). Split into four…
Judicial Recognition of Partial Awards: The BVI Court’s Ruling in Global/Gerald v CNG
In 2020, CNG sought to transfer its shares in SIL to an affiliated company. However, Global/Gerald, exercising its right of first refusal under the…
Commercial Court Report reveals sustained rise in arbitration applications
The English courts have recently published the Commercial Court Report for 2023-24 (the Report).1 The Report provides an overview of the caseload of…
Recognition and Enforcement of Foreign Judgments in China
Effective cross-border enforcement turns on the availability of judicial decisions to ensure the realisation and practical value of decisions even…
Web Summit Litigation Puts Shareholder Oppression Claims in the Spotlight
The Web Summit litigation has put the spotlight on shareholder oppression - a complex and often misunderstood area of company law. In this article…
Arbitration Reform: A Perspective from the Kingdom of Saudi Arabia
The Kingdom of Saudi Arabia (“KSA”) has embarked on major reformations to develop its legal system to enable the provision of effective Alternative…
JAMS Foundation Recognizes Justice Center of Atlanta
Irvine, Calif - The JAMS Foundation is pleased to present the 17th annual Warren Knight Distinguished Service Award to Justice Center of Atlanta…
SPRING CLEANING: Have You “Cleaned Up” Your Arbitration Agreement?
On April 8, 2025, the Third Appellate District Court of Appeal published a decision denying an employer’s motion to compel arbitration. The question…
Not the Whole Enchilada
The United States Third Circuit Court of Appeals resolved a dispute involving a "Store Door Distributor Agreement" (SDDA), which included an…
Esha Kamboj's journey from private practice to public service
Esha Kamboj, attorney-advisor for Asia-Pacific with the U.S. Department of Commerce's Commercial Law Development Program, joins Rebeca Mosquera to…
Florida Appellate Court Calls Audible: Agency Principles Bind Sport Spectator to Arbitration Agreement in Electronic Ticket She Never Saw
On April 9, 2025, a Florida appellate court addressed whether a football game spectator had to arbitrate her claims under the terms of a ticket she…
How do different jurisdictions approach arbitration in family disputes?
Family arbitration is a form of non-court dispute resolution (NCDR) that generally mimics the structure of court proceedings. In this article…
Communication series part 3: Avoiding a perception of impartiality in arbitrations
Given that arbitrations take place in private, arbitral rules are important to maintain the fairness of the process, and ensure that parties are not…
The Appointment Tug-of-War: Exploring the Overlap Between MSMED Act 2006 and Arbitration & Conciliation Act 1996
The Micro, Small and Medium Enterprises Development Act, 2006 (“MSMED Act”) was enacted to facilitate the promotion and development of micro and…
Reconciling Conflict in Arbitration Clause and Exclusive Jurisdiction Clause
Arbitration jurisprudence in India continues to vacillate when it comes to the interplay between exclusive jurisdiction clause and arbitration clause…
War Series: Trump’s Tariffs and How US Businesses Can Challenge Foreign Retaliatory Tariffs Under Bilateral Investment Treaties
In Light of the April 2, 2025, Executive Order on Reciprocal Tariffs On April 2, 2025, President Trump signed the Executive Order titled…