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The Impact of the Draft Dispute Resolution on Payment of Construction Contract Act
Although the CCC outlines several other issues under the titles “Obligation” and “Contract” which are not mentioned in the Hire of Work section
The 1996 Arbitration Act Under Review: The Law Commission Requests Comments on Proposed Reforms
The UK Government has asked the Law Commission to review the Arbitration Act 1996 (the ‘Act’) to make sure that England and Wales (and London as an
The effects of online examination of experts and witnesses in international arbitration: Familiar or uncharted territory?
The start of the COVID-19 pandemic appears to have kickstarted a surge in academic publications on virtual hearings. These publications include some
SORT IT OUT! The English Courts Take a Step Towards Mandatory Mediation
Mediation is globally recognized as an effective dispute resolution mechanism. A trained mediator can assist apparently diametrically opposed parties
Agreement Between Associations for Arbitration Procedures in Franchise Deals
Last August, the Brazilian Franchising Association ("ABF") signed an agreement with the Brazilian Intellectual Property Association ("ABPI"
Supreme Court: Arbitrator has the discretion to choose to grant post-award interest only on the principal amount under Section 31(7)(b) of the Arbitration Act.
In a recent decision, the Supreme Court in the case of Morgan Securities & Credits (P) Ltd. v. Videocon Industries Ltd., has held that under Section
Supreme Court rules on inapplicability of rigors of Order XXXVIII Rule 5 of CPC while granting interim reliefs under Arbitration Act
On September 14, 2022, a 2 (two) judge bench of the Hon'ble Supreme Court of India ("Supreme Court") in Essar House Private Limited v. Arcellor
The Arbiter International Disputes Newsletter
Eco World Ballymore Embassy Gardens Company Ltd v Dobler UK Ltd 2021 EWHC 2207 (TCC) and Buckingham Group ContracƟng Ltd v Peel L&P Investments
Arbitration Act review: 4 - Arbitrator immunity
Following on from our previous commentaries on the Law Commission's Consultation Paper ("CP") summarising its review of the Arbitration Act 1996
Delhi High Court sets aside arbitral award for patent illegalities and fraud
In its recent decision in Antrix Corporation Ltd. v. Devas Multimedia Pvt. Ltd., the High Court of Delhi ("Court") has set aside the arbitral award
A frolic of his own: adjudicator's decision breaches the principles of natural justice
The decisions of adjudicators are generally enforced by the courts. However, where an adjudicator has breached the principles of natural justice
"With great power comes great responsibility"
Arbitration is a form of voluntary (normally contractually-agreed) dispute resolution. Among the defining features of arbitration is that it is a
The new Swiss negotiation approach - implications for Swiss foreign investors
The newly-concluded bilateral investment treaty (BIT) between Switzerland and Indonesia is based on Switzerland's new negotiation approach and gives
Forced Arbitration and Consumer Contracts
A large part of my practice involves handling cases for consumers who have been either scammed by a business (whether that be overcharged, lied to
The Supreme Court’s Quartet of Arbitration Decisions
The 2021 Term saw the U.S. Supreme Court issue a quartet of decisions addressing enforcement of arbitration agreements and confirmation of
Court Strikes Down Arbitrary Fee Increases for Debtors in Bankruptcy Cases
The federal Constitution authorizes Congress to establish “uniform Laws on the subject of Bankruptcies throughout the United States.” In 2017
FINRA Facts and Trends: September 2022
Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments
Litigation Minute: Protect Your Company Against Mass Arbitrations
As discussed in the first three editions of this Mass Arbitration series, little relief may be available once a company is caught in the mass
Indonesia: Arb-Med-Arb: An Effort to Enhance Amicable Dispute Resolution
In an ideal world, disputes would be able to be resolved amicably. In practice, however, disputes are more often settled by adversarial methods such
Cayman Enforcement of Foreign Arbitral Awards: The Pro-Enforcement Objective
In the recent judgment of Gol Linhas Aereas SA (formerly VRG Linhas Aereas SA) (Respondent) v MatlinPatterson Global Opportunities Partners (Cayman
Arbitration insights from Singapore - Investment disputes - September 2022
In this September edition of Arbitration insights from Singapore, Singapore-based international arbitration partner, Chris Bailey and the global
Arbitration Act review: 3 - Discrimination
In its Consultation Paper (CP) in connection with its Review of the Arbitration Act 1996, the Law Commission concludes that the Act still works very
Cost shifting in international arbitration promotes efficiency and full recovery
The American Rule on costs - namely, that each side pays their own way in a litigation - is an egalitarian rule, but it doesn't often work well in
Covid rent arrears arbitration service closes: What now?
A crucial deadline for landlords and tenants has, with all the news of recent weeks, quietly passed without much notice. The Commercial Rent Arrears
Will the failure to lift the “subject” preclude the formation of a binding contract?
In DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd (Newcastle Express) 2022 EWHC 181 (Comm), the Commercial Court of the High Court of
若限制條件未獲解除會否妨礙形成具約束力的合約
在DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd (Newcastle Express) 2022 EWHC 181 (Comm) 一案中英格蘭及威爾斯高等法院商事法庭
若限制条件未获解除会否妨碍形成具约束力的合约
在DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd (Newcastle Express) 2022 EWHC 181 (Comm) 一案中英格兰及威尔斯高等法院商事法庭
6 Key Takeaways Presenting Damages in International Arbitration
Partner and Global Leader for International Disputes, Thomas G. Allen, recently participated in the "GAR Live: Atlanta" debate on presenting damages
JAMS Neutral Spotlight: Hon. David A. Garcia (Ret.)
Hon. David A. Garcia (Ret.), who served 20 distinguished years on San Francisco’s municipal and superior courts, is recognized as one of the best law
Commercial Court clarifies that Hague-Visby Rules time bar applies to misdelivery occurring after discharge
The Commercial Court (Sir William Blair) has today handed down judgment in FIMBank p.l.c. V KCH Shipping Co., Ltd, an appeal under section 69 of the