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Mediation in Cambodia
Mediation is “a voluntary process in which a trained and impartial third person, the mediator, helps the parties in a dispute to reach an amicable
Commercial Litigation Roundup
In May of 2022, the U.S. Second Circuit Court of Appeals held that drivers delivering bakery goods are not intended subjects of Section 1 of the
UAE High Court finds ICC ADGM office subjects Abu Dhabi seated ICC arbitrations to the jurisdiction of the ADGM Courts
Two parties to a construction contract agreed that all disputes would be subject to the International Chamber of Commerce Rules of Arbitration
Tenth CEDR Mediation Audit - Author’s Commentary
When we launched the CEDR Mediation Audit in 2003, the primary objective was to provide some research evidence on the early progress of commercial
The Union Budget 2023 - What’s in it for disputes?
The Union Budget, 2023, was tabled by Finance Minister Nirmala Sitharaman in Parliament on Wednesday, February 1, 2023. The Budget envisages
District court holds that a tribunal in an ICSID arbitration is not “a foreign or international tribunal” under 28 U.S.C. 1782 and therefore discovery may not be sought in aid of such an arbitration
Alpene, Ltd., a Hong Kong corporation, was the claimant in an investor-state treaty arbitration against the Republic of Malta before the World Bank’s
10th CEDR Mediation Audit - What you Need to Know
2023 marks the tenth occasion in which CEDR has released its biennial audit of the United Kingdom Commercial Mediation marketplace. For 20 years it
Juridical interest in the context of insurance claims
On the 22 June 2022, in the case of ‘A. Pace Balzan v Citadel Insurance p.l.c.’, the Court of Appeal in its inferior jurisdiction, presided over by
Full, Partial or Plausibility Review? - Public Policy and the Level of Scrutiny Applied by German Courts
This is the last article in Clyde & Co’s international arbitration series covering the scope of court powers on issues or violations of international
Uncharted waters - emerging trends in collective proceedings orders
Collective proceedings orders ("CPOs") have been gathering pace in the English1 legal system for some time. This trend has taken few stakeholders by
Shanghai Financial Court Interpreted the “Incorporated Clauses on Jurisdiction” in Reinsurance Contracts
Reinsurance contracts, like insurance contracts, follow the doctrine of utmost good faith. Since the reinsurance contract is a contract concluded
FinTech Prevails in Texas “True Lender” Challenge
On January 11, 2023, a Texas federal court dismissed a class action lawsuit against a leading financial technology company alleging it violated Texas
Court considers whether contractual provision prohibiting assignment can prevent insurer’s subrogation rights
In Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd 2022 EWHC 3287 (Comm) the court considered whether a contractual prohibition on
タイでの第三者資金提供 - 可能性や重要性について デミノー第３者資金提供者からの特別洞察とともに
タイにおける国際仲裁について商業企業がよく抱く不満の一つに費用があります過去には国際仲裁は法廷訴訟よりも安価
Time is Running Out to File an International Investment Arbitration Claim Under NAFTA
The United States-Mexico-Canada Agreement (USMCA) entered into force on July 1, 2020 replacing the North American Free Trade Agreement (NAFTA) that
Navigating crypto arbitration
The past few years have seen a steady uptick in cryptocurrency trading and investment. Despite the recent dip in value, crypto assets are continuing
ESG-related arbitrations: A new kid on the block
Companies are no longer only assessed on their financial performance. Increasingly they are being asked to demonstrate that their business activities
The High Court Shows Support for Arbitral Process
In its instructive judgment in RQP v ZYX1, the High Court of England and Wales has provided helpful commentary on two aspects of the arbitration
Class Action Trends Report: A look back, a look ahead
In this issue of the Class Action Trends Report, we welcome the New Year and look back at the most significant developments affecting employment
DMCAR Trend 3 The Arbitration Defense Suffered Setbacks In 2022 Video
Duane Morris Takeaway: Watch the video below featuring Duane Morris partner Jennifer Riley discussing the impact of arbitration on class action
Online Dispute dispute Resolution resolution in the context of the FIDIC Emerald Book
The first edition of Conditions of Contract for Underground Works ("FIDIC Emerald Book") published by the International Federation of Consulting
Effective control by Russia over eastern Ukraine: Key implications of Ukraine and the Netherlands v Russia decision
On January 25, 2023, the Grand Chamber of the European Court of Human Rights declared the claims in the case of Ukraine and the Netherlands v. Russia
Australian federal court reaffirms high threshold for refusing enforcement of award on public policy grounds
In a recent application to enforce an arbitral award, the Federal Court of Australia rejected the award debtor’s arguments that it would be contrary
The Tenth Mediation Audit A survey of commercial mediator attitudes and experience in the United Kingdom
This report marks the tenth occasion on which CEDR (The Centre for Effective Dispute Resolution) has undertaken a survey of the attitudes of civil
Arbitration. Forum Non Conveniens. Sixth Circuit holds that the district court did not abuse its discretion by dismissing foreign plaintiff's complaint for forum non conveniens.
Plaintiff Xuan Lu, a Chinese citizen residing in the United States for six months per year pursuant to a green card, worked as a Global Legal
Arbitration. Enforcement of Award. Third Circuit holds that district court improperly dismissed a petition to enforce a foreign arbitration award where correspondence between the parties could be understood as an agreement to arbitrate under the New York Convention.
Jiangsu Beier Decoration Materials Co, Ltd. ("Jiangsu") was a Chinese manufacturer of flooring products. In 2016, Jiangsu entered into an agreement
Current trends in Australian disputes
Cybersecurity developed as a key litigation risk in 2022. In May, the Federal Court declared that RI Advice Group had breached its duties under the
Third Circuit holds that a correspondence between the parties could be understood as an arbitration agreement under the New York Convention
Jiangsu Beier Decoration Materials Co, Ltd. (“Jiangsu”) was a Chinese manufacturer of flooring products. In 2016, Jiangsu entered into an agreement
RussiaUkraine Crisis: U.K. and E.U. Impose Further Sanctions On Russia and Implement the Oil Price Cap
In response to Russia’s ongoing military invasion of Ukraine, the United Kingdom and European Union have continued to implement trade, financial and
Contract formation v contract validity - separate applications of the separability principle?
In November 2022, the Court of Appeal handed down its judgment in DHL Project & Chartering Ltd v. Gemini Ocean Shipping Co Ltd 2022 EWCA Civ 1555