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Thursday, November 30, 2023 7:00 PM

Court of Appeal Holds That Courts Can Order Parties to Engage in Dispute Resolution

The Court of Appeal’s hotly anticipated decision in James Churchill v. Merthyr Tydfil County Borough Council[1] has been handed down. It holds that…

Thursday, November 30, 2023 7:00 PM

Second Circuit reverses district court, ruling that website interface provided reasonable notice of arbitration agreement and that consumer assented to that agreement through transactional conduct

Technology advances. Business processes evolve. Internet transactions become increasingly ubiquitous. Contract formation, however, remains an…

Thursday, November 30, 2023 7:00 PM

Looking Forward - the future of (compulsory) ADR in business disputes and the impact of Churchill v Merthyr Tydfil

Considered as a cheaper, quicker and less stressful mode of dispute resolution, alternative dispute resolution (“ADR”) is no longer seen as an…

Thursday, November 30, 2023 7:00 PM

Mandatory mediation has been ushered in to England and Wales

The legal landscape in England and Wales has undergone a significant transformation following the Court of Appeal's hotly anticipated ruling this…

Thursday, November 30, 2023 7:00 PM

Court of Appeal revisits its decision on mandatory ADR - Mr Churchill v Merthyr Tydfill County Borough Council

In a much-anticipated judgment, the Court of Appeal has returned to the question of mandatory non-court-based dispute resolution (or ADR, as most…

Thursday, November 30, 2023 7:00 PM

Guiding Cases 199-201 Issued by the PRC Supreme People’s Court - Further Steps Toward a Pro-Arbitration Regime

On December 30, 2022, the Supreme People’s Court of the People’s Republic of China (“SPC”) released its 36th batch of six guiding cases, all of which…

Wednesday, November 29, 2023 7:00 PM

Company That Hired Competitor’s Employee Was Not Entitled To Arbitrate Claims

Canfeng Lai worked for many years at Applied Materials before submitting his resignation to begin a new job at Mattson Technology (one of Applied’s…

Wednesday, November 29, 2023 7:00 PM

The Landscape of Litigation Funding in Hong Kong

The old common law rules against maintenance and champerty remain in force in Hong Kong, with the result that third-party funding for litigation is…

Wednesday, November 29, 2023 7:00 PM

Arbitration. Forum Non Conveniens. Unavailable Arbitral Forum. District court rules that it cannot compel arbitration where parties contracted to arbitrate pursuant to now-defunct DIFC LCIA Rules.

Plaintiff Baker Hughes Saudi Arabia Co. Ltd. ("Baker Hughes") contracted with Dynamic Industries Saudi Arabia, Ltd. (and other related Dynamic…

Wednesday, November 29, 2023 7:00 PM

Churchill v Merthyr Tydfil Council - Court of Appeal’s Ruling on ADR in Nuisance Claims

In a significant legal development, the Court of Appeal delivered its judgment on 29th November 2023 in the case of Churchill v Merthyr…

Wednesday, November 29, 2023 7:00 PM

Successful mediation for claimants in medical negligence claims

Mediation is often described to injured claimants and their families as a gentler alternative to litigation. The emphasis is often on the process…

Wednesday, November 29, 2023 7:00 PM

Paris as a place of arbitration: is Paris an arbitration friendly seat?

Paris has always enjoyed an outstanding reputation as a seat for an international arbitration. Indeed, French law and French courts are very…

Wednesday, November 29, 2023 7:00 PM

Arbitration Act changes on legislative agenda

It was announced in the King’s Speech to Parliament on 7 November 2023 that the changes to the Arbitration Act 1996 recommended by the Law Commission…

Wednesday, November 29, 2023 7:00 PM

Singapore: Intellectual Property Office of Singapore reports first successful mediation under WIPO-Singapore ASEAN Mediation Programme

The first successful mediation case under the World Intellectual Property Organisation (WIPO)-Singapore ASEAN Mediation Programme (AMP) was recently…

Wednesday, November 29, 2023 7:00 PM

UK Government Introduces Arbitration Bill Into Parliament, Incorporating Law Commission’s Proposals for Reform

The UK government introduced the Arbitration Bill into UK Parliament on 21 November 2023, and it has already had its first reading. The bill…

Wednesday, November 29, 2023 7:00 PM

Foreign Sovereign Immunities Act. Subject Matter Jurisdiction. District court holds that foreign state consented to arbitration by unsuccessfully petitioning state court for a stay of arbitration.

Preble-Rish Haiti ("PRH"), a Haitian company, entered into three contracts with the Bureau de Monetisation de Programmes d'Aide au Developpement…

Wednesday, November 29, 2023 7:00 PM

Korean Perspective on Crypto: Regulatory Developments and Outlook on Arbitration and Dispute Resolution

Disputes arising from crypto-related transactions are on the rise. A majority of these disputes will likely be arbitrated, considering the…

Wednesday, November 29, 2023 7:00 PM

Section 1782. District court rules that 28 U.S.C. § 1782 discovery does not apply to an ICSID arbitration because an ICSID tribunal is not a foreign or international tribunal with government authority within the meaning of § 1782.

Hong Kong-basedcompany, Alpene Ltd., indirectly owned 100 percent of Pilatus Bank plc in Malta. Alpene initiated an ICSID arbitration against Malta…

Wednesday, November 29, 2023 7:00 PM

Arbitration. District court grants Defendant's motion to compel arbitration, finding that a subsequently signed Statement of Work did not displace a Master Services Agreement containing an arbitration clause, and the arbitration clause was not unconscionable.

Lucid USA Incorporated ("Lucid"), a manufacturer of electric luxury vehicles, hired Schnellecke Logistics USA LLC ("Schnellecke"), a third-party…

Wednesday, November 29, 2023 7:00 PM

Arbitration. Petition to Confirm. Redacting Sensitive Information. District court denies a request to redact a petition to confirm an arbitral award, finding there were no countervailing factors that outweighed the strong presumption of public access.

Following an eight-day arbitration hearing, Petitioners Eletson Holdings, Inc. and Eletson Corporation ("Eletson") filed a petition to confirm an…

Wednesday, November 29, 2023 7:00 PM

Arbitration. Personal Jurisdiction. District court holds that British Virgin Islands corporation could be sued in Texas because it entered into an arbitration agreement with a Texas corporation, the arbitration took place in Texas, and the arbitration was governed by Texas law.

Plaintiff RSM Production Corporation ("RSM") was a Texas corporation with its principal place of business in Colorado, and Defendant Gaz du Cameroun,…

Wednesday, November 29, 2023 7:00 PM

Democratic AGs Try to Drive a Truck Through Arbitration Act Exemption

A group of 16 Democratic AGs filed an amicus brief before the U.S. Supreme Court in Bissonnette v. LePage Bakeries, urging the reversal of a lower…

Wednesday, November 29, 2023 7:00 PM

Once Again, Employer Loses Right To Arbitrate By Failing To Timely Pay Arbitration Fees

An anonymous employee sued her former employer and former manager, alleging multiple instances of sexual harassment and assault. The former employer…

Wednesday, November 29, 2023 7:00 PM

Arbitration. Cost-Shifting. District court holds that arbitral panel did not exceed its authority by awarding costs and fees to a party ordered to pay nominal damages, and accordingly enforces arbitral award.

Plaintiffs Nutramax Laboratories, Inc., and Nutramax Manufacturing, Inc. (together, "Nutramax"), entered into an agreement with Defendant Bioiberica…

Tuesday, November 28, 2023 7:00 PM

The Court of Appeal confirms that courts can order compulsory ADR

The pressure to allow courts to order compulsory ADR has been building for some while and today change has finally come with the Court of appeal…

Tuesday, November 28, 2023 7:00 PM

The Use of Injunctions in Support of Arbitration Proceedings

The use of applications for injunctive relief in support of arbitration proceedings is becoming increasingly common, particularly in support of…

Tuesday, November 28, 2023 7:00 PM

Adjudication: ODACC’s fourth Annual Report highlights growth in the number of adjudications and amounts paid out

Ontario Dispute Adjudication for Construction Contracts (ODACC) has issued its fourth Annual Report (the report) for the 2023 fiscal year, running…

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