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Bernal v. Kohl’s: Seventh Circuit Holds That The AAA Gave Kohl’s What It Bargained For, Not A Get-Out-Of-Arbitration-Free Card
If a party fails to comply with an arbitral forum’s procedural requirements and the forum terminates the arbitration, did the party “refuse” to…
Disputes in a disordered world - notes from Madrid, London and Guangzhou and why Australia matters now
When the international order weakens, complex disputes flow to the jurisdictions that remain stable, predictable and properly equipped. After two…
Paris Court of Appeal sets aside final award for lack of jurisdictional authority
On 9 December 2025, the Paris Court of Appeal (International Commercial Chamber, Pole 5, Chamber 16, 9 December 2025, No. 22/04007), acting as the…
Investor-state disputes in Africa: emerging trends in turbulent times
Africa has become a focal point where geopolitical tensions between Western states, China and Russia, increased political instability and the global…
Valuing Innovation Under Uncertainty: Damages and Remedies in Life Sciences Arbitration
At the 2026 Paris Arbitration Week, Bird & Bird brought together an investor, quantum experts and a transactional lawyer to address a question as…
Modernization of ICC Arbitration: Key Changes in the 2026 ICC Rules Explained
The International Chamber of Commerce ("ICC") has adopted revised Arbitration Rules that will enter into force on 1 June 2026 ("2026 ICC Rules"). The…
Mandatory arbitration clauses in company by-laws: The Canadian perspective
A requirement in a company’s by-laws for shareholders to resolve disputes through private arbitration is known as a “mandatory arbitration” clause…
South Korea’s legal finance evolution: Unlocking capital for cross-border disputes and arbitration
Legal finance has become a mainstream feature of complex commercial disputes today. The term “legal finance” (more commonly referred to as…
The ICC rewrites its arbitration rules: what changes to expect from 1 June 2026
The revised ICC Arbitration Rules mark a shift towards faster proceedings, stronger case management and a leaner and more commercially-focused…
The 2026 ICC Arbitration Rules: A Singapore perspective
The International Chamber of Commerce has published its updated Rules of Arbitration, effective 1 June 2026. These are the first revisions since…
Supreme Court Clarifies That “Last Mile” Transportation Workers Who Don’t Cross State Lines Can Nonetheless Be Exempt From The Federal Arbitration Act As Worker
Many companies rely on the Federal Arbitration Act’s protections of the enforceability of arbitration agreements, but the FAA contains an exclusion…
ICC Arbitration Rules 2026: what businesses need to know
The International Chamber of Commerce (ICC) has introduced a new set of Arbitration Rules, effective from 1 June 2026. The new rules aim to enhance…
U.S. Supreme Court Delivers Arbitration Exemption To Last-Mile Local Drivers
Duane Morris Takeaways: On May 28, 2026, in Flowers Foods, Inc. v. Brock, 2026 WL 1485669 (U.S. May 28, 2026), and in a much-anticipated ruling…
The U.S. Supreme Court Rules that “Last-Mile Drivers” May Avoid Arbitration
In a pivotal case concerning the Federal Arbitration Act’s (FAA) interstate commerce clause (9 U.S.C. § 1), the U.S. Supreme Court held today that…
ICC Arbitration Rules 2026: What you need to know
The International Chamber of Commerce (“ICC”) has revised its Arbitration Rules, effective from 1 June 2026. The new rules have been designed…
Developments in state attribution, governance, and Indigenous self-determination in mining investment disputes
Mining investment disputes increasingly sit at the intersection of Indigenous rights, State regulation, and investor protection…
A cautionary tale: navigating jurisdiction and arbitration in cross‑border life sciences disputes
The continued globalisation of research, development and commercialisation within the life sciences sector has led to a marked increase…
Court-Ordered Mediation in Ireland: High Court Affirms Power to Direct Mediation
The High Court has delivered an important judgment on the role of mediation in Irish civil litigation. In J Burke & Associates Limited v O’Connell…
High Court rejects s68 challenge against USD 26 million arbitral costs award
The English High Court has rejected a challenge to a substantial arbitral costs award under s68 of the Arbitration Act 1996 (the “Act”), finding that…
English court requires parties to arbitrate where tiered dispute resolution clause and notice to arbitrate are unclear
Consider if it is really necessary to include a multi-tiered dispute resolution clause. Whilst well-drafted escalating clauses may facilitate the…
Arbitration as the new forum for global FRAND disputes? What the UK Court of Appeal’s Nokia ruling means for SEP licensors and implementers
The UK Court of Appeal's decision in Acer Inc and another v Nokia Technologies Oy; ASUSTek Computer Inc and another v Nokia Technologies Oy [2026]…
A Meaningful Shift in How ICC International Arbitration is Conducted
The 2026 ICC Rules of Arbitration: What Practitioners Need to Know The long-awaited changes to the International Chamber of Commerce (ICC) Rules of…
Your brain on trial - cognitive biases in dispute resolution
Effectively managing and resolving disputes requires parties to seek prompt legal advice and continuously assess risk. Escalating disputes can have a…
2026 ICC Rules: Updates and changes to increase efficiency in arbitration
The International Chamber of Commerce (ICC) has published its updated Arbitration Rules, which enter into force on June 1, 2026. The 2026 ICC Rules…
A Useful reminder from the English Court of Appeal: Why Consistency Across Dispute Resolution Clauses in Related Agreements Is Critical
In a judgment concerning the construction of competing dispute resolution clauses, the Court of Appeal’s decision has…
International Arbitration in Australia
International arbitration in Australia operates within a statutory framework that reflects a strong commitment to finality, party autonomy and…
Québec Court of Appeal Endorses Pro-Arbitration Approach
In a recent decision, the Québec Court of Appeal reaffirmed the importance of adopting a broad and Liberal interpretation of arbitration clauses. It…
Protección urgente en disputas legales: medidas cautelares y otras herramientas en Latinoamérica
En el contexto de un conflicto judicial o arbitral, las partes pueden enfrentarse a situaciones urgentes que, si no se atienden de inmediato, ponen…
Scrutiny from regulators outside Japan: Challenges for Japanese companies - Episode 10: Behaviour in public and private are very different in Japan
Public behaviour in Japan is often characterized as courteous, rule-abiding, and considerate — and this is largely true. This behaviour is driven by…
La Cour d’appel du Québec prône une approche pro-arbitrage
Dans un arrêt récent, la Cour d’appel du Québec réitère l’importance d’adopter une interprétation large et libérale des clauses d’arbitrage. Elle…