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Defective Solar Panels: Singapore High Court Provides Guidance on How Unpleaded Claims and Abandoned Claims May Affect Pleadings
In DGE v DGF [2024] SGHC 107, the claimant DGE advanced eight grounds for setting aside an arbitral award in the defendant DGF's favour, that the…
Finality Of Domestic Awards - (Indian) Supreme Court Sets Aside Arbitral Award At 5th Level Of Scrutiny
The Indian Supreme Court's ("Supreme Court") latest decision in Delhi Metro Rail Corporation Ltd. v. Delhi Airport Metro Express Pvt. Ltd., 2024 INSC…
HKIAC launches updated rules
The Hong Kong International Arbitration Centre (HKIAC) has released its new 2024 Administered Arbitration Rules (2024 HKIAC Rules), which will come…
DIFC Courts Affirm Enforceability of Foreign Interim Arbitral Awards
In Neal v. Nadir [2024] DIFC A 001, the Dubai International Finance Centre ("DIFC") Court of Appeal held that provisional arbitration awards issued…
Commodities in Focus Weekly - Issue 76
Despite meeting the legal test, the Commercial Court refused to grant the applicant's anti-anti-arbitration injunction ("AAAI") for reasons including…
The Place of Arbitration vs Forum Selection Clauses
In the recent decision of Tehama Group Inc v. Pythian Services Inc., 2024 ONSC 1819, the Ontario Superior Court of Justice (the…
Modernising and cementing the attractiveness of arbitration in the UK, or further evolution? What you need to know about the Arbitration Bill
Arbitration is as an alternative to litigation and typically provides parties with a binding means of resolving domestic or international disputes…
JAMS unveils new arbitration rules for artificial intelligence disputes
On April 23, 2024, JAMS, a leading alternative dispute resolution (ADR) services provider, released its new Rules Governing Disputes Involving…
Recent developments in anti-arbitration injunctions: tug of war between courts and arbitral tribunals?
Courts do not generally interfere with parties' arbitration agreements and the jurisdiction of an Arbitral Tribunal. However, there are exceptional…
ICC guidance should help the construction sector avoid and settle disputes
The ICC's recent proposals for resolving and settling disputes assist the construction industry, but parties still need to consider other strategies…
Dubai as an Arbitration-Friendly Jurisdiction
The Dubai International Financial Centre’s (DIFC) Court of Appeal has recently confirmed, in CA 001/2024, that a provisional award granting interim…
You Can Take That to the Bank - Alberta Court of Appeal Steps Up to Protect Standby Letters of Credit
In Pacific Atlantic Pipeline Construction Ltd. v. Coastal Gaslink Pipeline Ltd., 2024 ABCA 74 (Coastal Gaslink) the Alberta Court of Appeal (“ABCA”)…
The role of the arbitrator in international arbitration
In the third of Podcast by Brodies' focus on international arbitration, we take an in-depth look at the role of the arbitrator. Ken MacDonald…
Hong Kong | The Dust Settles - The Interplay Between Arbitration Clauses and Winding-Up Petitions
On 23 April 2024, the Court of Appeal handed down two eagerly anticipated judgments of Re Shandong Chenming Paper Holdings Ltd [2024] HKCA 352 and Re…
Would Ratification of the Singapore Convention on Mediation Enrich Indonesian Mediation Culture?
In their groundbreaking article, “Would Ratification of the Singapore Convention on Mediation Enrich Indonesian Mediation Culture?” published in…
Expert Determination or Arbitration? The Delaware Court of Chancery Clarifies That Labels Are Not Dispositive
Purchase agreements customarily contain provisions for resolving certain disputes by referring them to a third-party neutral decision-maker outside…
Charting a new course: proposed expedited dispute resolution procedures for CETA
The European Commission recently proposed supplemental dispute resolution rules intended to facilitate small- and medium-sized enterprises' access to…
Apparent bias and applications to remove arbitrators
At the end of 2020, the UK Supreme Court, in the case of Halliburton Co v Chubb Bermuda Insurance Ltd [2021] AC 1083,1 had…
JAMS Announces Mass Arbitration Procedures and Guidelines
JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce it has created…
Thai Arbitration Institute Launches Pilot Project for In-Court Arbitration
The Thai Arbitration Institute (TAI) announced on April 19, 2024, that it has jointly set up an in-court arbitration pilot project with five courts…
Full disclosure - what do we really need to know?
A maxim of the judicial world is that justice not only be done, but that it be seen to…
Amendments to tiered dispute resolution regime did not invalidate arbitration agreement
In Icon Si (Aust) Pty Ltd v Australia Nuclear Science & Technology Organisation [2024] NSWSC 324, the Supreme Court of NSW upheld an arbitration…
Silicon Valley Arbitration & Mediation Center Issues AI Guidelines
On April 30, 2024, the Silicon Valley Arbitration and Mediation Center published the 1st edition of its Guidelines on the Use of AI in Arbitration…
Open road? SCOTUS’s ruling on section 1 transportation exception causes more uncertainty
On April 12, 2024, the Supreme Court of the United States issued its decision in Bissonnette v. LePage Bakeries Park St., LLC, No. 23-51, 144 S. Ct…
Unpacking Recent Trends in Major Projects and Infrastructure Arbitration
Amid the evolving complexities of infrastructure projects, stakeholders are increasingly seeking innovative solutions to mitigate risk and manage…
Trends in arbitration 2024: state parties and the extent of the court’s pro-arbitration approach
Claims relating to arbitration make up a significant portion of the English Commercial Court’s case list. Arbitration is by its nature international…
New Family Procedure Rules — will fewer cases reach Court?
Amid major delays at the Family Court — with many cases being adjourned at short notice — changes to the Family Procedure Rules were introduced in…
Space Law and Arbitration: An introduction to Space Law in the People’s Republic of China
In this article, we will (i) identify the space treaties and agreements to which the PRC is a party; (ii) address how the arbitrability and…
JAMS Mass Arbitration Procedures and Guidelines
These Mass Arbitration Procedures and Guidelines (“Procedures”) are intended to facilitate the fair, expeditious and efficient resolution of Mass…
Current State of U.S. Economic Sanctions Imposed in Response to Russia’s Invasion of Ukraine - May 1, 2024
In response to Russia’s invasion of Ukraine, the U.S. government has deployed a whole-of-government approach to impose sanctions and tighter export…