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Tuesday, July 23, 2024 8:00 PM

MYR 2024: FAA Transportation Workers Act Exception

Podcast 07.24.24 Details July 24, 2024 By almost any measure, 2024 is a memorable year for employment and labor law — and it’s only halfway done. Our…

Tuesday, July 23, 2024 8:00 PM

Dubai Court of Cassation Confirms That Contractual Preconditions to Arbitration Are Matters of Admissibility and Not Jurisdiction

The Dubai Court of Cassation (Court of Cassation), in its recently surfaced decision in Case No. 1514 of 2022, held that issues relating to the…

Tuesday, July 23, 2024 8:00 PM

Retentions in UAE Construction Contracts: A Comparative Analysis

The United Arab Emirates (UAE) relies heavily on well-defined construction contracts to ensure the smooth execution of its many building projects…

Tuesday, July 23, 2024 8:00 PM

Inadequately Reasoned Arbitral Award Not Enforced by Hong Kong Court

In the case of A v B & Ors [2024] HKCFI 751 (date of reasons for decision: 13 March 2024) the Hong Kong court set aside an order granted to enforce…

Tuesday, July 23, 2024 8:00 PM

Ninth Circuit Broadly Applies The FAA’s Transportation Worker Exemption To Fueling Technicians To Green Light Their Class Action And Side-Step Arbitration

On July 19, 2024, in Lopez v. Aircraft Service International, Inc., Case No. 23-55015 (9th Cir. July 19, 2024), the U.S. Court of Appeals for the…

Tuesday, July 23, 2024 8:00 PM

“Looking for a Deeper Bench?”

Petitioners aggrieved by an arbitration ruling concerning their stockbroker's management of their accounts sought to have the arbitration award…

Monday, July 22, 2024 8:00 PM

A Refinement to meet Contemporary Demands - Key Features of the 2024 HKIAC Administered Arbitration Rules

The 2024 Administered Arbitration Rules (the “2024 Rules”) of the Hong Kong International Arbitration Centre (HKIAC) recently came into effect on 1…

Monday, July 22, 2024 8:00 PM

Investment protection in ASEAN: how a layered approach can work

The six major economies in the Association of Southeast Asian Nations (ASEAN) make up a dynamic and diverse bloc offering significant growth…

Monday, July 22, 2024 8:00 PM

Arbitration Cases in England, January to June 2024

Dassault Aviation, an aircraft manufacturer, agreed to supply two maritime surveillance aircraft and spare parts to a customer. The sale…

Monday, July 22, 2024 8:00 PM

The role of arbitrators in the settlement process

In any dispute, parties are free to settle at any time. In order to avoid the time, cost and risk associated with pursuing or defending arbitration…

Monday, July 22, 2024 8:00 PM

Reappraisal of Fork in the Road Clauses: Shifting the Emphasis from Formalism to Substantialism

“Fork in the Road” (“FITR”) clauses, included in significant investment treaties, “provide that the investor must choose between the litigation of…

Monday, July 22, 2024 8:00 PM

In a two contracts case, specific reference to arbitration clause is mandatory in a subsequent contract for its incorporation.

In a recent judgement of the Delhi High Court, it was held that if the array of parties in both agreements is not identical an express…

Monday, July 22, 2024 8:00 PM

HKIAC releases updated 2024 administered arbitration rules

On 1 June 2024, the latest update to the HKIAC’s administered rules, the 2024 Administered Arbitration Rules (“2024 Rules”) of the Hong Kong…

Monday, July 22, 2024 8:00 PM

Preach What You Practice!

Recently, on 3rd June, 2024, the Ministry of Finance issued an Office Memorandum (OM) containing guidelines for use of arbitration in contracts…

Monday, July 22, 2024 8:00 PM

Supreme Court Clarifies Arbitration Clauses: Key Takeaways for Companies

Recent decisions by the U.S. Supreme Court in Smith v. Spizzirri, 601 U.S. 472 (2024) and Coinbase, Inc. v. Suski, 144 S. Ct. 1186 (2024) provide…

Monday, July 22, 2024 8:00 PM

Commercial disputes weekly - issue 214

The Commercial Court has upheld a “pay to be paid” clause in a liability insurance policy. Such clauses are common, and problematic where the assured…

Monday, July 22, 2024 8:00 PM

EU signs the Mauritius Convention on Transparency in Investor-State Arbitration

The European Union (the EU) signed the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (the Mauritius Convention…

Monday, July 22, 2024 8:00 PM

Construction arbitration: Enforcement of foreign arbitral awards in New Zealand

Parties to international arbitrations may seek to enforce awards in New Zealand. This process differs in several aspects from the procedure to…

Sunday, July 21, 2024 8:00 PM

New government pursues Law Commission's recommendations to modernise the Arbitration Act

Amongst the hugely ambitious legislative programme heralded in the new Labour government's first King's Speech are plans to reform arbitration in…

Sunday, July 21, 2024 8:00 PM

上訴裁判所による判決 - 仲裁判断債務者(敗訴当事者)は、管轄権の問題について別の裁判所において再度争うことができるのか?

Republic of India v. Deutsche Telekom AG ([2024]1 SLR 56)において、シンガポール上訴裁判所(Singapore Court of Appeal(シンガポール控訴院);以下「SGCA」…

Sunday, July 21, 2024 8:00 PM

La Cour suprême du Canada confirme que des dommages peuvent être accordés pour des lois violant la Charte canadienne

Dans l’arrêt Canada (Procureur général) c. Power, la Cour suprême confirme que des demandeurs peuvent réclamer des dommages-intérêts si l’État adopte…

Sunday, July 21, 2024 8:00 PM

Indian Domain Name Dispute Resolution Policy, Rules & Enforceability

Most of the Multi-National Corporations & other organizations, both domestic and international, are seeking to protect the…

Sunday, July 21, 2024 8:00 PM

L’amiable : des ailes et des racines

« Jamais tant de vertu fut-elle couronnée ? (…) ; La nature et le ciel à l’envi l’ont ornée ; Les charmes de son cœur sont encor plus puissants » … Les lauriers…

Sunday, July 21, 2024 8:00 PM

Trattato sulla Carta dell’energia e procedimenti arbitrali intra-Unione. Quale futuro per l’Europa?

In data 28 giugno 2024, l'Unione Europea ha notificato il ritiro proprio e dell'Euratom dal Trattato sulla Carta dell'energia (Energy Charter Treaty…

Sunday, July 21, 2024 8:00 PM

Pre-Arbitration Asset Preservation in Mainland China for Hong Kong Seated Arbitration: HKIAC Practices Explored

For most plaintiffs and claimants, initiating dispute resolution process or achieving favorable judgment or arbitral award is not…

Sunday, July 21, 2024 8:00 PM

Insolvency vs Arbitration - Privy Council’s revival of the “Established Approach”

The effect of an arbitration clause, or an exclusive jurisdiction clause in favour of foreign courts, on insolvency proceedings has been a topic of…

Sunday, July 21, 2024 8:00 PM

Setting Aside Impugned Parts of a Final Arbitral Award and Bogus Negative Declarations

The Hong Kong Court of Appeal in CMBICDHAW Investments Limited v CDH Fund v Limited Partnership and Others [2024] HKCA 516 dismissed an appeal from a…

Sunday, July 21, 2024 8:00 PM

Hong Kong High Court confirms non-appealability of Arbitral Interim Measures

The recent decision from the Hong Kong Special Administrative Region’s High CourtW v Contractor, which confirms that interim measures ordered by…

Sunday, July 21, 2024 8:00 PM

Court of Appeal Decision - Can Arbitration Award Debtor Re-Litigate Jurisdictional Issues in Another Court?

In The Republic of India v Deutsche Telekom AG [2024] 1 SLR 56, the Singapore Court of Appeal (the “SGCA”) dismissed a party’s attempt to re-litigate…

Sunday, July 21, 2024 8:00 PM

No objection: When is a party barred from challenging jurisdiction where it continues in the arbitration?

The High Court has provided invaluable guidance on the factors that it will consider when determining when a party is barred from challenging…

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