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Court of Appeal Holds That Courts Can Order Parties to Engage in Dispute Resolution
The Court of Appeal’s hotly anticipated decision in James Churchill v. Merthyr Tydfil County Borough Council[1] has been handed down. It holds that…
Second Circuit reverses district court, ruling that website interface provided reasonable notice of arbitration agreement and that consumer assented to that agreement through transactional conduct
Technology advances. Business processes evolve. Internet transactions become increasingly ubiquitous. Contract formation, however, remains an…
Looking Forward - the future of (compulsory) ADR in business disputes and the impact of Churchill v Merthyr Tydfil
Considered as a cheaper, quicker and less stressful mode of dispute resolution, alternative dispute resolution (“ADR”) is no longer seen as an…
Mandatory mediation has been ushered in to England and Wales
The legal landscape in England and Wales has undergone a significant transformation following the Court of Appeal's hotly anticipated ruling this…
Court of Appeal revisits its decision on mandatory ADR - Mr Churchill v Merthyr Tydfill County Borough Council
In a much-anticipated judgment, the Court of Appeal has returned to the question of mandatory non-court-based dispute resolution (or ADR, as most…
Guiding Cases 199-201 Issued by the PRC Supreme People’s Court - Further Steps Toward a Pro-Arbitration Regime
On December 30, 2022, the Supreme People’s Court of the People’s Republic of China (“SPC”) released its 36th batch of six guiding cases, all of which…
Company That Hired Competitor’s Employee Was Not Entitled To Arbitrate Claims
Canfeng Lai worked for many years at Applied Materials before submitting his resignation to begin a new job at Mattson Technology (one of Applied’s…
The Landscape of Litigation Funding in Hong Kong
The old common law rules against maintenance and champerty remain in force in Hong Kong, with the result that third-party funding for litigation is…
Arbitration. Forum Non Conveniens. Unavailable Arbitral Forum. District court rules that it cannot compel arbitration where parties contracted to arbitrate pursuant to now-defunct DIFC LCIA Rules.
Plaintiff Baker Hughes Saudi Arabia Co. Ltd. ("Baker Hughes") contracted with Dynamic Industries Saudi Arabia, Ltd. (and other related Dynamic…
Churchill v Merthyr Tydfil Council - Court of Appeal’s Ruling on ADR in Nuisance Claims
In a significant legal development, the Court of Appeal delivered its judgment on 29th November 2023 in the case of Churchill v Merthyr…
Successful mediation for claimants in medical negligence claims
Mediation is often described to injured claimants and their families as a gentler alternative to litigation. The emphasis is often on the process…
Paris as a place of arbitration: is Paris an arbitration friendly seat?
Paris has always enjoyed an outstanding reputation as a seat for an international arbitration. Indeed, French law and French courts are very…
Arbitration Act changes on legislative agenda
It was announced in the King’s Speech to Parliament on 7 November 2023 that the changes to the Arbitration Act 1996 recommended by the Law Commission…
Singapore: Intellectual Property Office of Singapore reports first successful mediation under WIPO-Singapore ASEAN Mediation Programme
The first successful mediation case under the World Intellectual Property Organisation (WIPO)-Singapore ASEAN Mediation Programme (AMP) was recently…
UK Government Introduces Arbitration Bill Into Parliament, Incorporating Law Commission’s Proposals for Reform
The UK government introduced the Arbitration Bill into UK Parliament on 21 November 2023, and it has already had its first reading. The bill…
Foreign Sovereign Immunities Act. Subject Matter Jurisdiction. District court holds that foreign state consented to arbitration by unsuccessfully petitioning state court for a stay of arbitration.
Preble-Rish Haiti ("PRH"), a Haitian company, entered into three contracts with the Bureau de Monetisation de Programmes d'Aide au Developpement…
Korean Perspective on Crypto: Regulatory Developments and Outlook on Arbitration and Dispute Resolution
Disputes arising from crypto-related transactions are on the rise. A majority of these disputes will likely be arbitrated, considering the…
Section 1782. District court rules that 28 U.S.C. § 1782 discovery does not apply to an ICSID arbitration because an ICSID tribunal is not a foreign or international tribunal with government authority within the meaning of § 1782.
Hong Kong-basedcompany, Alpene Ltd., indirectly owned 100 percent of Pilatus Bank plc in Malta. Alpene initiated an ICSID arbitration against Malta…
Arbitration. District court grants Defendant's motion to compel arbitration, finding that a subsequently signed Statement of Work did not displace a Master Services Agreement containing an arbitration clause, and the arbitration clause was not unconscionable.
Lucid USA Incorporated ("Lucid"), a manufacturer of electric luxury vehicles, hired Schnellecke Logistics USA LLC ("Schnellecke"), a third-party…
Arbitration. Service of Process Abroad. Manifest Disregard of Law. District court holds that service under the Hague Convention was proper, even if not actually delivered by the Central Authority where Defendant had actual notice, and partial award was not subject to vacatur under manifest disregard of the law.
Petitioner W.J. Deutsch ("Deutsch"), a U.S. company that imported, distributed and marketed wine, entered into a distribution agreement and an LLC…
Arbitration. Petition to Confirm. Redacting Sensitive Information. District court denies a request to redact a petition to confirm an arbitral award, finding there were no countervailing factors that outweighed the strong presumption of public access.
Following an eight-day arbitration hearing, Petitioners Eletson Holdings, Inc. and Eletson Corporation ("Eletson") filed a petition to confirm an…
Arbitration. Arbitrator Bias. Eleventh Circuit holds that, under the Federal Arbitration Act and Article V of the New York Convention, a panel of appointed arbitrators' familiarity with one another due to previous work-related encounters does not alone constitute enough bias to vacate an arbitration award.
Grupo Unidos por el Canal ("Grupo Unidos") is a consortium of European companies that was awarded a multi-billion dollar construction contract by…
Arbitration. McCarran-Ferguson Act. District court holds that a Virginia law prohibiting use of an arbitration clause in an insurance policy did not apply where the underlying dispute was subject to the New York Convention, an international treaty and, thus, outside the scope of the reverse pre-emption of the McCarran-Ferguson Act, which is limited to legislation within the domestic realm.
Plaintiff Keller North America, Inc. ("Keller") was a subcontractor on a construction project and a named insured on the construction contractor's…
Arbitration. Personal Jurisdiction. District court holds that British Virgin Islands corporation could be sued in Texas because it entered into an arbitration agreement with a Texas corporation, the arbitration took place in Texas, and the arbitration was governed by Texas law.
Plaintiff RSM Production Corporation ("RSM") was a Texas corporation with its principal place of business in Colorado, and Defendant Gaz du Cameroun,…
Democratic AGs Try to Drive a Truck Through Arbitration Act Exemption
A group of 16 Democratic AGs filed an amicus brief before the U.S. Supreme Court in Bissonnette v. LePage Bakeries, urging the reversal of a lower…
Once Again, Employer Loses Right To Arbitrate By Failing To Timely Pay Arbitration Fees
An anonymous employee sued her former employer and former manager, alleging multiple instances of sexual harassment and assault. The former employer…
Arbitration. Cost-Shifting. District court holds that arbitral panel did not exceed its authority by awarding costs and fees to a party ordered to pay nominal damages, and accordingly enforces arbitral award.
Plaintiffs Nutramax Laboratories, Inc., and Nutramax Manufacturing, Inc. (together, "Nutramax"), entered into an agreement with Defendant Bioiberica…
The Court of Appeal confirms that courts can order compulsory ADR
The pressure to allow courts to order compulsory ADR has been building for some while and today change has finally come with the Court of appeal…
The Use of Injunctions in Support of Arbitration Proceedings
The use of applications for injunctive relief in support of arbitration proceedings is becoming increasingly common, particularly in support of…
Adjudication: ODACC’s fourth Annual Report highlights growth in the number of adjudications and amounts paid out
Ontario Dispute Adjudication for Construction Contracts (ODACC) has issued its fourth Annual Report (the report) for the 2023 fiscal year, running…