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Are mediation agreements in family disputes legally binding?
Mediation can help families in various situations, such as considering options for separating the matrimonial Finances, or the child arrangements…
Are we exclusive? Starbucks cannot restrict unionized employees to unionized store
An arbitrator held that Starbucks must maintain its status quo “Borrowing” staffing model at a recently unionized Ontario location, ruling out the…
Sarod Arbitration Rules: institutional dysfunction masquerading as party autonomy
Institutional arbitration has been frequently touted as a panacea for the systemic issues plaguing the domestic arbitration regime in India and…
Why ADR can be the best option in a defamation dispute
Defamation disputes, particularly in today’s digital landscape, can severely damage both personal and business reputations. Whether it’s a false…
The High Court revisits the issue of "mediation privilege" and proposes (obiter) broadening the "without prejudice" exceptions
The High Court has found a party to a settlement agreement reached at mediation liable for misrepresentation and breach of the agreement, where it…
Latin America Dispute Resolution Update - The Latest Developments in Cross-Border Disputes Involving the US and Latin America
In May 2024, the U.S. Supreme Court issued an important ruling on the “gateway” issue of whether a court or an Arbitral Tribunal will decide if a…
Global Perspectives on Employment Disputes: Key Lessons From Cross-Border Cases
Navigating employment disputes across Borders presents unique challenges for employers and employees alike. Legal frameworks, cultural sensitivities…
Strategic Arbitration Clause Design: A Multinational Perspective on Navigating Disputes in China, Hong Kong, and Singapore
For multinational companies, the Asia-Pacific region presents a vibrant landscape of opportunities intertwined with the chal…
War Series: Recent Submarine Cable Attacks, the 1923 Cuba Submarine Arbitration, and Business Considerations
The global digital infrastructure relies heavily on a vast network of submarine cables, which carry approximately 95% of international data traffic…
Legal developments in construction law: October 2024- Could an expert determination clause be a one-stop dispute resolution process?
In Fiona Trust and Holding Corpn v Privalov Lord Hoffmann said that the construction of an arbitration clause should start on the assumption that the…
Arbitration: Hong Kong Court Granted Anti-Suit Injunction to Restrain Breach of an Arbitration Agreement
In Bank A v Bank B [2024] HKCFI 2529, the Honourable Madam Justice Mimmie Chan re-examined the applicable legal principles for granting an anti-suit…
23 JAMS Neutrals Recognized by Who’s Who Legal for Commercial Mediation
JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce that 23 JAMS…
Supreme Court of NSW Enforces Adjudicator’s Money Order Amid Ongoing Arbitration
The recent decision in Martinus Rail Pty Ltd v Qube RE Services (No 2) Pty Ltd (No 2) [2024] NSWSC 1223 sheds light on the complex interplay between…
Manchester City v the Premier League - Manchester City's challenge of the Premier League's APT Rules
Amidst the Disciplinary proceedings referred to an Independent Commission by the Premier League (the "League") in respect of alleged breaches by…
No fruit from the poisonous tree - The Bavarian Highest Regional Court declines recognition of a cost award rendered in an intra-EU investor-state arbitration
In a recent decision (order of 13 September 2024 - 11 Sch 146/23), the Bavarian Highest Regional Court (BayOblG) ruled on the recognition of an…
Don’t Put the Cart Before the Horse
Parties that have agreed to arbitrate certain disputes often disagree about whether a particular claim falls within their agreement to arbitrate, and…
Enforcing interim measures in the DIFC
1. The DIFC Courts are renowned for their wide enforcement jurisdiction and pro-enforcement approach. Until 2023, however, the DIFC Courts' position…
The DIFC Courts, the Dubai Courts and the Conflict of Jurisdiction Tribunal - A Case Study
In a landmark judgment, Justice Rene Le Miere of the DIFC Court of First Instance has given the first reasoned opinion on the effect of Decree No. 29…
Supreme Court of British Columbia Overturns Arbitrator’s Decision Due to Procedural Unfairness
October 25, 2024 In the recent decision by the Supreme Court of British Columbia Niroei v Bushell, the court delved into the critical issue of…
Chutes and Ladders…and Contracts.
A contractor which designed and constructed a hydroelectric plant in Guatemala sued under the Federal Arbitration Act in federal court in Florida to…
Consumer law and online ‘order buttons’: Supreme Court takes strict approach with far-reaching consequences
On 4 October 2024, the Supreme Court ruled in two proceedings concerning the clarity (or lack of clarity) of the text on an order button in online…
Supreme Court clarifies referral court’s role and considerations for binding non-signatories to arbitration proceedings
While re-affirming the existing principles and doctrines on powers of a referral court vis-à-vis an Arbitral Tribunal’s power to decide its own…
When Arbitration Meets Insolvency: Navigating the Legal Crossroads
In June 2024, the Privy Council delivered an important decision on the treatment of arbitration agreements in insolvency cases in Sian Participation…
India-United Arab Emirates bilateral investment treaty (2024): towards stronger economic ties
India and the United Arab Emirates ("UAE") have always shared cordial relations over the last five decades. The relation between the…
The Missing Element: Lack of Notification Hinders Enforcement of United Arab Emirates Seated Awards in India
The last five decades have witnessed significant cross-border trade and commerce between United Arab Emirates ('UAE') and India. The…
Renewables Arbitration- a perspective from Paris
In these times of global ecological urgency and energy crisis, the call for a Swift transition to renewable energy is growing louder on the…
Consumentenrecht en online ‘bestelknoppen’: Hoge Raad kiest strikte lijn met vergaande gevolgen
Op 4 oktober 2024 deed de Hoge Raad uitspraak in twee procedures over de (on)duidelijkheid van de tekst op een bestelknop bij online aankopen, en de…
Disputes Briefcase
The UK Supreme Court has issued its reasoned judgment for its unanimous decision in April to uphold an anti-suit injunction granted by the Court of…
New Jersey Judge Interprets EFAA As Requiring Employment Claims to Be Split Into Two Forums
A recent New Jersey Superior Court decision interpreting the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) may…
The Importance of Legal Translation in International Arbitration
International arbitration is a preferred method of resolving cross-border disputes for many corporate legal departments and law firms. It offers a…