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Dubai amends its Conciliation Law
The Government of Dubai has long promoted forms of alternative dispute resolution in the Emirate, from the encouragement of various arbitration…
Semenya vs Switzerland - a new standard of review of sports arbitration awards
In a landmark decision, the Grand Chamber of the European Court of Human Rights (ECtHR) has delivered its final ruling that South African athlete…
海外建设工程标准的选择与国际仲裁机构的裁决逻辑
海外建设工程施工是一个高度技术化、专业化、标准化的领域，无论是材料、工序、工艺，还是后续的质量验收、工程结算，都需要适用一定的工程标准…
The non-compliance with the pre-conditions to arbitration does not necessarily invalidate arbitration awards according to the Dubai Court of Cassation
The Dubai Court of Cassation issued a significant judgment on 19 November 2024, clarifying the legal effect of pre-conditions to arbitration agreed…
Relief secured U/ S. 37(2)(a) for Raymond Ltd., Restoring Arbitration Proceedings Against Miltex Apparels
A Single Judge Bench of the Bombay High Court allowed an appeal under Section 37(2)(a) of the Arbitration and Conciliation Act, 1996 ("Act"), filed…
English Arbitration Act 2025: A New Era for London-seated Arbitration from 1 August 2025
The UK Government has confirmed that the long-anticipated Arbitration Act 2025 (the '2025 Act') will come into force on 1 August 2025. The 2025 Act…
Exclusive Jurisdiction vs Seat Conundrum: Delhi High Court Expands Jurisprudence
Summary: This article examines the evolving jurisprudence on the interplay between “exclusive jurisdiction” and “seat of arbitration” clauses in…
E-Commerce & Consumer Protection in Hungary - Part IX - Alternative Dispute Resolution
How can consumers enforce their rights against a webshop via Conciliation Boards? What are the main Rules of Procedure of the Conciliation Board and…
Swiss Federal Supreme Court dismisses second Challenge to Award under China-UK BIT
In another decision dated 26 June 2025 (4A_528/2024), published on 21 July 2025, concerning an investment treaty arbitration, the Swiss Federal…
Why a Transaction’s Context Matters: Website Terms Found Unenforceable Despite Proximate Placement to “Place Order” Button
In Cody v. Jill Acquisition LLC, No. 25-937 (S.D. Cal. June 30, 2025), the Southern District of California declined to enforce a retail site’s terms…
Addition of Arbitration Provision To Terms Not Binding Without Consumer's Clear Agreement
On July 3, 2025, a federal court rejected Safeway’s attempt to make customers resolve a false advertising lawsuit in arbitration instead of court…
Enforcement Hurdles To Global Ambitions: India’s Evolving Arbitration Landscape
In exclusive conversation with BW Legal World, Shankh Sengupta, Partner in the Dispute Resolution and Arbitration Practice at Trilegal, unpacks the…
Swiss Arbitration Centre erlsst neue Schiedsordnung fr Trust-, Nachlass- und Stiftungsstreitigkeiten
Wie in unserem Newsflash vom 27. Mai 2025 berichtet, hat das Swiss Arbitration Centre krzlich eine neue ergnzende Schiedsordnung fr Trust-, Nachlass-…
Arbitration. Reverse Preemption. Second Circuit holds that Article II, Section 3 of the New York Convention—which requires a court to refer parties to arbitration in certain circumstances—is self-executing and thus not reverse pre-empted under the McCarran Ferguson Act by contrary state insurance law.
3131 Veterans Blvd LLC ("3131 Veterans") and Mpire Properties LLC ("Mpire") (collectively "Respondents") purchased properties in Louisiana following…
Arbitration. Arbitrability. Choice of Law. District court holds that insurance policy provisions that create separate contracts between the insured and each of the insurers prevents domestic insurers from compelling arbitration under the New York Convention.
Brothers Petroleum, LLC ("Plaintiff") obtained two surplus line insurance policies (the "Policies") that were insured by Independent Specialty…
Arbitration. Enforceability. Clickwrap Agreements. Class Action Waivers. District court enforces clickwrap arbitration clause in online legal services contract under the FAA and compels arbitration of unauthorized practice of law and New Jersey Consumer Fraud Act claims.
Ryan Erasmus ("Plaintiff") filed a putative class action lawsuit in the Superior Court of New Jersey against LegalZoom.com, Inc. ("Defendant"), an…
Arbitration. Arbitrability. Non-Signatories. District court holds broad arbitration clause is enforceable against non-signatory entities alleged to be alter egos of signatory defendant despite the existence of a conflicting forum-selection clause in a related agreement.
An Australian company, Soar.Earth Ltd. ("Soar"), retained defendant Mark Mahaffie to assist with its planned redomiciling to Delaware and direct…
Foreign Sovereign Immunities Act. Arbitration Exception. Personal Jurisdiction. District court holds that the arbitration exception to the Foreign Sovereign Immunities Act applies where the challenge to jurisdiction focused on the scope of arbitration agreement rather than its existence, and that foreign state could be subject to personal jurisdiction without minimum contacts.
JSC DTEK Krymenergo ("Krymenergo"), a subsidiary of DTEK Energy Group, one of the largest private energy distributors in Ukraine, was a major energy…
Can Thai Courts Grant Interim Measures in Support of Foreign-Seated Arbitration?
In cross-border disputes, a recurring concern for claimants is whether they can protect respondents' assets located in jurisdictions other than the…
Arbitration. Arbitrability. Choice of Law. District court holds that a court, not an arbitrator, should decide whether a non-signatory to an arbitration agreement can compel arbitration, and that state law should be applied to make that determination.
Plaintiffs, individually and on behalf of a putative class, sued Jump Trading, LLC; Jump Crypto Holdings, LLC; and two of Jump Crypto's executives…
The Overriding Effect Of Special Laws Over General Laws
The Hon’ble Supreme Court of India, in the case of M/S Harcharan Dass Gupta v Union of India delivered a significant ruling affirming the precedence…
Swiss Arbitration Centre Issues New Rules for Trust, Estate and Foundation Disputes
As reported in our Newsflash of 27 May 2025, the Swiss Arbitration Centre recently launched new Supplemental Swiss Rules for Trust, Estate and…
Recognition and Enforcement Of Foreign Monetary Judgments And Arbitration Awards In The British Virgin Islands
In the British Virgin Islands (“BVI”), the Reciprocal Enforcement of Judgments Act 1922 (“1922 Act”), along…
Arbitration. Confirmation of Award. Manifest Disregard of the Law. Fifth Circuit affirms arbitration award, holding that manifest disregard of the law was not a viable ground for vacatur under Section 10 of the Federal Arbitration Act. U.S.
United States Trinity Energy Services, L.L.C. ("Trinity Energy") subcontracted with Southeast Directional Drilling, L.L.C. ("Southeast Drilling") for…
Second Circuit holds that federal courts lack subject-matter jurisdiction to vacate foreign arbitral awards under the New York Convention
In Molecular Dynamics, Ltd. v. Spectrum Dynamics Med. Ltd., No. 24-2209-cv, 2025 U.S. App. LEXIS 16278 (2d Cir. July 2, 2025), the U.S. Court of…
Le Swiss Arbitration Centre publie des nouvelles rgles complmentaires pour les litiges en matire de trusts, successions et fondations.
Comme indiqu dans notre Newsflash du 27 mai 2025, le Swiss Arbitration Centre a rcemment publi des nouvelles rgles complmentaires pour les litiges en…
Clock-stopping “suits” and deck cargo: Navigating the Hague-Visby Rules
The case concerned two appeals under s.69 of the Arbitration Act 1996 (s.69 AA) on points of law arising out of an arbitration award. The Commercial…
RAKIA v Republic of India [2025] EWHC 1553 (Comm): English Court reasserts jurisdictional review power over BIT arbitrations
In RAKIA v Republic of India [2025] EWHC 1553 (Comm), the High Court of England and Wales has overturned a tribunal's ruling declining…
Court of Appeal confirms proper approach to interpreting international treaties in investment treaty dispute
In an important decision for those dealing with investment treaty arbitrations, the Court of Appeal has reiterated that international treaty…
InFrontier AF LP v Rahmani: Pitfalls of Arbitral Institution Change
It is rare that an arbitral institution and its procedural rules are altered through Legislative Decree. Interestingly, this scenario arose in the…