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Global Vantage: Anti-Suit Injunctions: Coming to a Court near you? November 2020
Anti-suit injunctions (‘ASIs’) prevent a party that is subject to the issuing court’s jurisdiction from commencing or continuing with proceedings in
In-house counsel seek a Brexit-proof solution: are we entering the ‘age of arbitration’?
Given the wide-scale disruption wrought by the Covid-19 pandemic, disputes are likely to increase in the coming months. The forum in which those
What happens if the Respondent doesn't participate in the adjudication?
There are very few, if any, reasons why a Respondent should refuse to participate in proceedings
A practical guide to Adjudication under the Construction Contracts Act 2013
Adjudication under the Construction Contracts Act 2013 (the Act') is a very accessible and efficient method of resolving payment disputes on
ISDS under the Europe-Vietnam Investment Protection Agreement
On 8 June 2020, the National Assembly of Vietnam formally ratified the Europe-Vietnam Free Trade Agreement (EVFTA). As part of this treaty, Vietnam
Court of Cassation Rendered Significant Judgment Determining an Arbitration Agreement Involving a Foreign Element is not a Violation of Law No. 805
In its Decision No. 20201714 - 20202652 dated October 2, 2020, the 15th Civil Chamber of the Court of Cassation rendered that if
Yargıtay, Yabancılık Unsuru İçeren Tahkim Sözleşmesinin İngilizce Düzenlenmesinin 805 Sayılı Kanun’a Aykırılık Teşkil Etmediğini Belirterek Çok Önemli Bir Karara İmza Attı
Yargıtay 15. Hukuk Dairesi, 2 Ekim 2020 tarihli, 20201714 E., 20202652 K. Sayılı kararında (“Yargıtay Kararı“), tahkim yargılamasına
A GC’s Guide: ‘Virtual’ arbitration and the issues to think about
Since the advent of the Covid-19 pandemic, arbitrating parties have had to adjust to the difficulties created by the present circumstances. Parties
Le droit applicable à la convention d’arbitrage : l’approche du droit anglais
Le 9 octobre dernier, la Cour suprême du Royaume-Uni a rendu son jugement dans l’affaire Enka c. Chubb1, une décision qui a fait grand bruit dans la
2019 caseload statistics show continued demand for arbitration by Malaysian parties
Last year, we examined the caseload statistics of various arbitral institutions with the aim of providing an empirical perspective on the
Is it better to Arbitrate in Vietnam or to Arbitrate Abroad?
Three types of dispute qualify for arbitration in Vietnam. Firstly, disputes involving “commercial activity” can be arbitrated. Commercial activity is
Arbitrators’ mistakes - do major consequences matter?
Arbitrators have the power under section 57(3)(a) of the Arbitration Act 1996 to “correct an award so as to remove any clerical mistake or error
High threshold for violation of right to be heard based on reasoning in award
In Decision 4A_622020, the Swiss Supreme Court dismissed an application to set aside a CAS award. The Supreme Court held that the panel's reasoning
Arbitral tribunal competent to investigate jurisdiction of its own volition where respondent fails to participate (Swiss Supreme Court)
In Decision 4A_6182019, the Swiss Supreme Court dismissed an application to vacate an award based on the pleas of wrongful decision on jurisdiction
No violation of right to be heard or public policy in terminated proceedings (Swiss Supreme Court)
In Decision 4A 1562020, the Swiss Supreme Court dismissed an application to set aside a cost award based on an alleged violation of the right to be
DOJ Issues New Guidance on the Use of Arbitration To Resolve Antitrust Division Matters
The Department of Justice issued new guidance last week on the use of arbitration in Antitrust Division matters. The Division’s guidance comes in the
Court of Appeal summaries (November 16 - November 20, 2020)
Sokoloff v Tru-Path Occupational Therapy Services Ltd was another anti-SLAPP decision, perhaps the first by the Court since the Supreme Court’s
International: ICC rules update article
From 1 January 2021, the International Chamber of Commerce (ICC) will bring into force revised 2021 Rules of Arbitration ("2021 Rules"
Prosthetics post-Pistorius: CAS’s decision in the case of Blake Leeper
Any athlete who wishes to compete under the auspices of the IAAF must do so without assistance (World Athletics Technical Rule 6.3.4 ("the Rule"
Award enforcement orders from the English courts: disputed factual issues
Earlier this year, the English High Court handed down a judgment (A v B 2020 EWHC 952 (Comm)) delivering a Stern warning to claimants who were
A Rare Occurrence: California Court Overturns Arbitrator’s Award
California’s statutory ban on post-employment covenants, which are enforceable in most other states, has bedeviled employers trying to protect
Getting paid adjudicator fees - some common pitfalls and how to avoid them
"When I was Young I thought that money was the most important thing in life. Now that I am old, I know that it is" - Oscar Wilde
Arbitrating Intellectual Property Disputes: Lessons from Hong Kong and Singapore
Alternative dispute resolution (ADR) is growing in popularity as a method of resolving Intellectual Property (IP) disputes across the globe. This is
English High Court grants Nigeria extension of time to challenge usd 6.6 billion award for fraud
In The Federal Republic of Nigeria v. Process & Industrial Developments Limited 2020 EWHC 2379 (Comm), the English High Court (“Court”) granted the
Posture Away, You May Still Get Your Way
The Sixth Circuit recently reversed a decision from an Ohio federal court related to whether a party waived its arbitration rights through posturing
Swiss Supreme Court rejects request for revision of an arbitral award as the new facts and evidence are neither new nor material to the outcome of the arbitration
In its decision published 21 October 2020, the Swiss Federal Supreme Court (“SFSC”) denied the revision of an arbitral award on the basis that the
Consequences of a Breach of Secrecy of Arbitral deliberations
A distinction as to such breach, as well as to its consequences, is to be made between on the one hand domestic and on the other hand transnational
Global: Cross-Border Enforcement Center
Cross-Border enforcement is enjoying something of a moment. Over the last few years, we have witnessed sustained efforts to improve enforcement
Hon. Keith D. Davis (Ret.) Joins JAMS in the Inland Empire
JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce the addition
Virtual Hearings in the COVID-19 Era
In this podcast, Kwadwo Sarkodie and Charles Harris discuss remote and virtual hearings in the COVID-19 era. Talking through a series of recent cases