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“三特定”临时仲裁的理解与适用
2024年6月24日，上海市高级人民法院印发《上海市高级人民法院关于涉“三特定”临时仲裁及“境外仲裁业务机构”仲裁司法案件集中管辖的规定》（“《规定》”），标志着我国临时仲裁的发展迈上新台阶。…
The Jig is Up: First Judgment on Consumer Rights Act 2022
The High Court has recently handed down its first judgment on the Consumer Rights Act 2022 (Flatley v Austin Group Ltd1). The case involved a claim…
JAMS Releases 2023 Global Caseload Statistics Reflecting Growing Demand for ADR Services Worldwide
JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is pleased to share its 2023 global caseload statistics…
Arbitration agreement does not prevent winding up petition
The Privy Council has recently delivered a landmark judgment on the interplay between arbitration agreements and winding up petitions. The Board held…
Privy Council Resolves Question of Interplay between Liquidation Proceedings and Arbitration Agreements
The Privy Council endorsed the Commercial Court's approach in the British Virgin Islands (BVI) in staying insolvency proceedings, even when faced…
シンガポール国際仲裁センター（SIAC）の最新状況
シンガポール国際仲裁センター（SIAC）は、1991 年に設立された比較的新しい仲裁機関でありながら、アジ アを代表する国際仲裁機関の一つとしての地位を確立しています。本ニュースレターでは、SIAC が 2024 年 4 月 29 日に公表した Annual Report…
English Commercial Court upholds comity in refusing anti-anti-arbitration injunction against Malaysian proceedings
In the recent decision of Euronav Shipping NV (Euronav) v Black Swan Petroleum DMCC (BSP) [2024] EWHC 986 (Comm) (the Judgment), the English…
Did You Read The Rules?
A federal appellate court tackled the appeal of an electronics manufacturer which sought to overturn a district court ruling compelling the…
Lock-in period in employment contract held legal: Delhi High Court protects employer interests while ensuring fairness for employees
In a recent judgment titled "Lily Packers Private Limited Vs. Vaishnavi Vijay Umak & Ors. ", the Delhi High Court has delivered a significant…
The London Maritime Arbitrators Association (LMAA): Path to Maritime Arbitration
The London Maritime Arbitrators Association (LMAA) was established in 1960 to promote maritime arbitration in London. Over the years, it has become a…
Dublin becomes alternative seat for CAS (Court of Arbitration for Sport)
In a significant departure for UEFA and the Court of Arbitration for Sport (CAS), disputes as to UEFA rules concerning the authorisation of its…
Arbitration in the Fifth - June 2024
In June 2024, the Fifth Circuit Court of Appeals again addressed arbitration-Related Issues in Louisiana insurance coverage disputes. Meanwhile, the…
The Paris International Arbitration Newsletter - July 2024
Read this edition of the Paris International Arbitration Newsletter - July 2024 for hands-on insights from our practice for in-house counsels and…
米国・メキシコ・カナダ協定（USMCA）に基づく 紛争解決制度（RRM） ～労働権侵害をめぐる利用状況～
近時、メキシコにおける個別企業の労働問題について、米国・メキシコ・カナダ協定（USMCA）に基づく労働Labor…
行路难，今安在——最新反垄断纠纷司法解释亮点解读
2024年6月24日，新修正的《中华人民共和国反垄断法》（“新《反垄断法》”）对外公布两周年之际，最高人民法院（“最高法”）发布《关于审理垄断民事纠纷案件适用法律…
Hong Kong Court of Appeal confirms applicability of Re Guy Lam principles to arbitration clauses and cross-claims subject to arbitration agreement
In our previous article, we outlined the approach taken by the Court of First Instance (CFI) in Re Simplicity & Vogue Retailing (HK) Co., Limited and…
Limits of ‘reasonable endeavours’ examined
A recent decision of the Supreme Court of the United Kingdom provides useful insight into the effect of 'reasonable endeavours' clauses. Reasonable…
Right to Arbitration, Maybe Not. Courts Must Resolve Conflict of Arbitration Provisions when Parties Enter Multiple Contracts
ABSTRACT: Who decides whether the parties have agreed to arbitrate? The Supreme Court determines that a court must decide which contract’s…
English rulings highlight need for care when drawing up settlement agreements
Where a mediation or settlement negotiations succeed, the parties will usually draw up a settlement agreement to record what they have agreed. Two…
No onus on claimant's solicitors to chase mediation request, English Court of Appeal finds
We previously reported on a Court of Appeal decision which confirmed that the English courts can order unwilling parties to mediate (although that…
HK court overrules arbitrator’s decision in jurisdictional challenge - affirmation of “centre of gravity” test in multiple related contracts with different dispute resolution clauses, fiona trust “one-stop-shop” presumption does not apply
In AAA, BBB, CCC v DDD (HCCT 39/2023) [2024] HKCFI 513 (date of decision: 16 February 2024), the Hong Kong Court of First Instance (“the Court”)…
Beware the contractual limitation period
It is common for construction contracts to contain provisions respecting the resolution of disputes. Industry participants employ a wide array of…
CMS Announces 120-day Exception Period for No Surprises Act Independent Dispute Resolution
Under the No Surprises Act, “open negotiation” is the period of time during which payers must disclose to providers important information regarding…
Subpoenas in Arbitration in Australia: Recent Guidance by the Supreme Court of Victoria
In the recent decision of Carlisle Homes Pty Ltd v Schiavello Construction (Vic) Pty Ltd [2024] VSC 283, Justice Croft of the Supreme Court of…
Sports Arbitration: a perspective from the United States, Bad Bunny Affiliates Try to Avoid De-Certification by the Major League Baseball Players Association
The sports industry in the United States uses alternative dispute resolution ("ADR") methods to resolve a wide range of disputes among its…
Access to adjudication restricted by Supreme Court decision
In a landmark decision, the UK Supreme Court has restricted access to an alternative form of dispute resolution for deciding construction disputes…
Lighting Up the Legal Scene: How Cannabis Arbitration Can Ease the Burden on California Courts
When California opened up for recreational cannabis licensing in 2018, cannabis businesses began sprouting up like wildflowers. This growth has been…
Will We See “Ulysses” Arbitration Clauses in the Wake of Coinbase, Inc. v. Suski?
Before Ulysses sailed past the sirens, he tied himself to the ship’s mast. He was trying to prevent himself from jumping into the sea, even if that’s…
The Seventh Circuit Derails Mass Arbitration Tactics
On July 1, 2024, in Wallrich, et al. V. Samsung Electronics America, Inc., No. 23-2842, 2024 WL 3249646 (7th Cir. July, 1, 2024), the U.S. Court of…
Fifth Circuit Rejects Surplus Lines Exception to LA Ban on Arbitration Agreements in Insurance Policies
A panel of the U.S. Fifth Circuit Court of Appeals recently rejected a surplus lines insurer’s bid to compel arbitration. It found that Louisiana’s…