Arbitration News Feed

Need to Research Arbitration Rules outside of Canada or the USA?
Visit the Arbitration Law Navigator to begin your research

Sunday, April 21, 2024 8:00 PM

Campbell v. Toronto Standard Condominium Corporation No. 2600, 2024 ONCA 218

In , (“Campbell“) the Court of Appeal for Ontario considered the proper interpretation of the term “fraud” as it appears in the appeals and set-aside…

Sunday, April 21, 2024 8:00 PM

Mediation Act 2023 - Two Steps Forward, One Step Back

This article analyses and critiques the mechanism for mediation introduced by the Mediation Act, 2023 in the context of global standards. Historically…

Sunday, April 21, 2024 8:00 PM

Inadmissibility of a Judicial Annulment of an Arbitral Award After Unconditional Payment

In a recent decision, the German Federal Court of Justice considered whether a party convicted in the course of arbitral proceedings can demand the…

Sunday, April 21, 2024 8:00 PM

The Midnight Clauses: Drafting the Dispute Resolution Clause; Courts vs. Arbitration

Dispute resolution clauses, although one of the most crucial clauses in any agreement, are usually left to be negotiated last minute and are…

Thursday, April 18, 2024 8:00 PM

对标PPP新机制,特许经营模式理性回归:评《基础设施和公用事业特许经营管理办法》

2024年4月8日,国家发改委等六部门联合发布《基础设施和公用事业特许经营管理办法》(下称“《管理办法》”),对2015年施行的原25号令进行首次修订。本…

Thursday, April 18, 2024 8:00 PM

HKIAC による現行仲裁規則の改正案について

香港国際仲裁センター(HKIAC)は、2024 年 1 月 23 日、現行の仲裁規則である HKIAC2018 年管理仲裁規 則(HKIAC 2018 Administered Arbitration Rules)(以下「2018 年規則」といいます。)の改正案(以下「本改正…

Thursday, April 18, 2024 8:00 PM

HRSA Issues 340B Program final rule modifying administrative dispute resolution process

On April 19, 2024, the Health Resources and Services Administration (HRSA) published a final rule (Final Rule) in the Federal Register adopting…

Wednesday, April 17, 2024 8:00 PM

The divide continues - NSW Court of Appeal and Full Federal Court remain apart on pre-mediation class closure

The NSWCA has maintained its position ruling out the availability of notices signalling a future intention to seek "soft" class closure orders in…

Wednesday, April 17, 2024 8:00 PM

Antitrust Class Action Review - 2024!

Class action litigation presents one of the most significant risks to corporate defendants today. Procedural Mechanisms like the one set forth in…

Wednesday, April 17, 2024 8:00 PM

In-Court Arbitration in Thailand: A Tool Worth Exploring?

In-court arbitration is an alternative dispute resolution (ADR) tool provided in the Civil Procedure Code (CPC) for cases that have already been…

Wednesday, April 17, 2024 8:00 PM

Spotlight on ... Independent arbitrator and mediator Hasit Seth

Gautam Bhattacharyya is delighted to welcome arbitrator Hasit Seth for a conversation that delves into Hasit’s career trajectory and discusses the…

Wednesday, April 17, 2024 8:00 PM

A Cautionary Tale for Arbitration Practitioners and Lawyers

The Commercial Court in England & Wales has ruled that the arbitral award granted in favour of Process & Industrial Developments Limited (P&ID) in…

Wednesday, April 17, 2024 8:00 PM

International arbitration: Is artificial intelligence the future of decision making?

The future role of technology and, particularly, the use of artificial intelligence in our lives has been discussed at length in recent times. But…

Wednesday, April 17, 2024 8:00 PM

Delivering the Goods: The Exemption from Arbitration Focuses on the Worker, Not the Industry

On April 12, 2024, the U.S. Supreme Court, in a unanimous decision, held that transportation workers need not work in the transportation industry to…

Wednesday, April 17, 2024 8:00 PM

Space Law and Arbitration: An introduction to Space Law in the UK

The general suitability of arbitration as a mechanism for dealing with space related disputes has been discussed elsewhere in this series. This…

Wednesday, April 17, 2024 8:00 PM

U.S. Supreme Court Clarifies Application of FAA Transportation Exemption

Seyfarth Synopsis: On April 12, 2024, the United States Supreme Court ruled that an individual does not need to work directly in the transportation…

Wednesday, April 17, 2024 8:00 PM

Revolutionizing Resolution: The Transformative Impact of AI on ADR

In my previous article on AI in ADR, I emphasized both the opportunities and risks associated with the use of artificial intelligence in alternative…

Wednesday, April 17, 2024 8:00 PM

Supreme Court, in exercise of curative jurisdiction, sets aside arbitral award on the grounds of patent illegality and perversity

A 3 (three) judge bench of the Supreme Court of India ("Supreme Court"), while deciding a curative petition filed with regard to the decision in…

Wednesday, April 17, 2024 8:00 PM

Unpacking the DMRC Case: Key Aspects Explained

This case pertains to a 2008 concession agreement which envisaged a public-private partnership for providing metro rail connectivity between New…

Wednesday, April 17, 2024 8:00 PM

Court Proceedings Stayed in Favour of Arbitration to Which Respondents Were Not Party

In NTT Limited & Others v. Goodall, the Commercial Court of England and Wales stayed litigation proceedings in favour of arbitration proceedings…

Wednesday, April 17, 2024 8:00 PM

Ninth Circuit Holds That Business Entities Cannot Qualify As Transportation Workers Exempt From The Federal Arbitration Act

On April 10, 2024, the Ninth Circuit held in Fli-Lo Falcon, LLC v. Amazon.com, Case No. 22-35818 (9th Cir. Apr. 10, 2024), that business entities are…

Wednesday, April 17, 2024 8:00 PM

Demystifying the Arbitration Process: Understanding How Disputes Are Resolved

In the world of legal proceedings, arbitration stands out as an effective alternative method of dispute resolution. It offers parties involved in a…

Tuesday, April 16, 2024 8:00 PM

U.S. Supreme Court Holds That Application Of The FAA’s Transportation Worker Exemption Turns Upon The Work Performed And Not The Employer’s Industry

On April 12, 2024, the U.S. Supreme Court issued its decision in Bissonnette v. LePage Bakeries Park St., LLC, Case No. 23-51 (U.S. Apr. 12, 2024)…

Tuesday, April 16, 2024 8:00 PM

DIFC Court of Appeal rules that a DIAC provisional award providing for interim relief measures is enforceable as an ‘award’

On 22 March 2024, the highest court of the Dubai International Financial Centre (‘DIFC’) rejected an appeal, ruling that a provisional award issued…

Tuesday, April 16, 2024 8:00 PM

Hong Kong Asset Tracing: Letter of No Consent ≠ Freezing Order 香港资产追踪: 不同意书 ≠ 冻结令

A recent Court of Final Appeal decision upholds the constitutionality of the letters of no consent regime as operated by the Hong Kong Police Force…

Tuesday, April 16, 2024 8:00 PM

Hong Kong | Empowering resolution: Exploring the benefits of collaborative law in modern dispute resolution

Collaborative Law was first developed in 1990 by Stuart Webb, a lawyer from Minnesota as a “settlement only” process for Family Law representation…

Tuesday, April 16, 2024 8:00 PM

CAP - An Evaluative Approach to Collaborative ADR

There are a number of collaborative Alternative Dispute Resolution (“ADR”) approaches, in which (an) independent, third-party neutral(s) assist(s)…

Monday, April 15, 2024 8:00 PM

Supreme Court Rules that the FAA's Arbitration Exemption is Not Limited to Transportation Industry

On April 12, 2024, the United States Supreme Court issued a decision that answers the question of whether the Federal Arbitration Act’s (FAA)…

Monday, April 15, 2024 8:00 PM

It’s Not All or Nothing: BC Court of Appeal Confirms Availability of Partial Stays for Issues Covered by Arbitration Clauses Amongst Non-Arbitrable Claims

What happens when a plaintiff brings an action where some of the relief sought falls within the scope of an arbitration clause, but the principal…

Monday, April 15, 2024 8:00 PM

Ninth Circuit Holds Warehouse Worker Qualifies as Transportation Worker Under FAA Exemption

Arbitration agreements with warehouse workers and others who play a “direct and necessary role” in the transportation of goods and people may fall…

Academy Members Only