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Mediating construction disputes
The construction industry is a perfect breeding ground for disputes. Mostly low-margin, highly competitive and involving a number of trades…
Vietnam Legal Update - April 2026 The Latest Trends and Practice Developments in the Enforcement of Foreign Judgments and Arbitral Awards
As the scale of transactions expand and cross-border transactions become more complex, multinational companies entering Vietnam face increasingly…
High Court Refuses to Set Aside Arbitral Awards in US$110 Million Share Purchase Dispute: AT & Anor & QC & Anor [2026] HKCFI 1437
The High Court of Hong Kong dismissed an application by the Plaintiffs (“AT”) to set aside a Partial Award and a Final Award on Costs, reaffirming…
Arbitration Versus Litigation Strategy
A dispute rarely becomes serious all at once. It usually starts with a missed payment, a breached clause, a partner acting without authority, or a…
FamilyMart and Beyond: The Continuing Influence of the Privy Council’s Landmark Decision on Shareholder Litigation
The Privy Council’s decision in FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corp [2023] UKPC 33 is a landmark ruling that…
Swiss Federal Supreme Court holds Swiss Russia sanctions are overriding mandatory law and can bar enforcement of arbitral awards
In decision 4A_305/2025 of 13 March 2026, the Swiss Federal Supreme Court held that Swiss sanctions against Russia are overriding mandatory law and…
“Regulatory Unfitness to Trade”: The New Seaworthiness Frontier in Decarbonisation Disputes (Part III - FuelEU Maritime)
As the maritime industry enters the era of mandatory decarbonisation, the traditional legal boundaries of seaworthiness are being reshaped. Building…
Between Protection and Finality: Mapping the Limits of Sections 9 and 37 of the Arbitration and Conciliation Act, 1996 in JLT Energy 9SAS v. Hindustan Cleanenergy Limited
The judgment in JLT Energy 9SAS v. Hindustan Cleanenergy Limited & Ors. Was delivered by the Hon’ble High Court of Delhi (“Court”) in an…
Prominent Arbitration Clause Signage Precludes Parking Lot Class Action
A federal court in Colorado recently confirmed that a conspicuous arbitration clause may preclude a consumer from prosecuting class claims in court…
Mediating the Unmediable in Pakistan: Why US - Iran Negotiations Continue to Defy Resolution
There is a persistent tendency in international affairs to assume that certain conflicts are beyond resolution. The tensions between the United…
From Estimation to Guesstimation: Delhi High Court Sets Aside Arbitral Award on Mesne Profits for Lack of Evidence; Reaffirms Limits of “Guesswork” in Damages
Luthra and Luthra Law Offices India represented M/s GLS Infratech Pvt. Ltd. before the Hon’ble High Court of Delhi in proceedings under Section 37 of…
インド：仲裁判断に対する裁判所の修正権限についての最高裁判決
インド最高裁判所は、2025年4月30日、Gayatri Balasamy v. M/s ISG Novasoft Technologies Limited[1]（以下「本判決」とい…
AI in Arbitration: Institutional Guidance and Emerging Developments
Artificial intelligence has already transformed how the legal profession operates, including in research, data analysis and document preparation…
Court refuses to grant an anti-suit injunction to restrain proceedings in Russia
Recently, several anti-suit injunctions have been granted by the courts of England and Wales to restrain proceedings brought in Russia in breach of…
Cayman Islands Grand Court appoints provisional liquidators notwithstanding a stay in favour of arbitration
In Peakwave Investment Management Ltd v Energy Evolution GP Ltd [2026] CIGC (FSD) 7, the Cayman Islands Grand Court has provided further…
Hon. Liam O’Grady (Ret.) Joins JAMS in Washington, D.C.
Washington, D.C. - JAMS, the premier provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce that Hon. Liam…
Ninth Circuit Reverses Lower Court Ruling Applying Collateral Estoppel to Preclude Arbitration in Putative Class and Collective Action
The Ninth Circuit in O’Dell v. AYA Healthcare Services, Inc. (9th Cir. No. 25-1528) unanimously held that the Federal Arbitration Act (“FAA”) does…
Arbitration in Vietnam’s International Financial Centre: Bridging the Gap Between Legal Framework and Institutional Capacity
Vietnam has officially launched and commenced operations of the Vietnam International Financial Centre (“VIFC“), marking a significant milestone in…
The Healthcare Class Action Review - 2026
Duane Morris Takeaway: The healthcare industry continues to face a rapidly evolving class action landscape, and 2025 has proven to be a pivotal year…
THAM LUẬN: VIỆC THAM CHIẾU VÀ ÁP DỤNG PHÁN QUYẾT TRỌNG TÀI TRONG GIẢI QUYẾT CÁC TRANH CHẤP TƯƠNG TỰ - KINH NGHIỆM QUỐC TẾ VÀ VẤN ĐỀ ĐẶT RA ĐỐI VỚI VIỆT NAM
Bài tham luận nghiên cứu về việc tham chiếu và áp dụng phán quyết trọng tài trong giải quyết các tranh chấp tương tự, trên cơ sở làm rõ bản chất pháp…
Arbitration in Vietnam: 7 Realities Foreign Companies Must Get Right
Foreign companies doing business in Vietnam increasingly use arbitration to resolve commercial disputes outside the cour…
SCC Spotlight Talk: Emma Berglund Uväng on insolvency in arbitration
Insolvency frequently intersects with arbitration, raising complex procedural and strategic questions when companies enter financial distress. In…
Recent ICSID jurisdictional decision reflects important trends in investment protection in Africa
The recent jurisdictional decision in the ICSID arbitration Afriland First Group SA et al. V. Democratic Republic of the Congo ("DRC") (ICSID Case No…
ベトナム法務アップデート（2026年4月） 外国判決・仲裁判断の執行を巡る制度改革と最新実務動向
経済規模の拡大およびクロスボーダー取引の複雑化に伴い、ベトナムへ進出する日本企業は、契約違反、合弁パートナーとの紛争、知的財産権侵害といった…
Referencing and Application of Arbitral Awards in Resolving Similar Disputes: International Experience and Implications for Vietnam
This presentation examines the referencing and application of arbitral awards in the resolution of similar disputes, by clarifying the legal nature…
When the math matters: NZDRC arbitrator gets rent review right
Rent review disputes might not make headlines, but when they end up in arbitration — and then in the High Court — the details matter. A recent case…
Commercial Disputes Weekly Issue 281
The Commercial Court has decided in favour of a claimant borrower in relation to repayment of a loan from the defendant bank. The loan was secured by…
Scrutiny from regulators outside Japan: Challenges for Japanese companies - Episode 8: Employees who engage in misconduct are rarely terminated
It is not uncommon for Japanese companies to retain employees who have engaged in wrongdoing without subjecting those employees to Disciplinary…
California Court of Appeal Vacates Arbitral Award Due to Unresolved Factual Question Regarding Petitioners’ Legal Standing to Pursue Corporation’s Claims
In NNN Capital Fund I, LLC v. Mikles, Case No. G064487, 2026 WL 1029889 (Cal. App. 4th Dist., Div. 3, Apr. 16, 2026), a divided panel of the…
Supreme Court’s Decision on Petition for Certiorari Could Resonate Through Sovereign Award Enforcement Community
Should it matter what type of paper a debt is recorded on? Could a foreign sovereign waive its immunity in U.S. courts for a specific debt, but then…