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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…
Study: Offering And Advocating For A Solution Is A Poor Mediator Strategy
“Neutral Offering Solutions had long-term negative associations” in mediation. That’s a finding from a study of small claims mediations, titled “What…
Supreme Court Broadly Defines Transportation Workers for Purposes of Arbitration Exemption
On April 12, 2024, the U.S. Supreme Court issued a decision that significantly broadens the definition of a transportation worker who is exempt from…
Conflicting online terms - E.D. Va. rules that “arbitrability delegation” clause requires that arbitrator resolve conflict
We have written many articles about the use of consumer-facing terms containing mandatory arbitration agreements. “Clickwrap” agreements - agreements…
Commercial Disputes Weekly - Issue 203
The Commercial Court held that cargo claimants who wanted to bring claims against the insurers of a ship that sunk whilst carrying their cargo were…
Court of Appeal confirms Guy Lam applies to an arbitrable petition debt, set-off or cross-claim
The Court of Appeal recently issued two judgments in Re Simplicity & Vogue Retailing (HK) Co. Limited [2024] HKCA 299 (the CFI decision previously…
Dispute Resolution clauses: the case for international arbitration in cross-border M&A
An essential requirement of any cross-border M&A contract is a clearly drafted dispute resolution clause. Without it, parties can end up spending a…
Federal Court to take a cautious approach to "soft" class closure where opposed
The Federal Court has dismissed an application seeking "soft" class closure orders prior to mediation where the orders were strenuously opposed by the…
What Does the GEICO Decision Mean for New Jersey Providers?
The Third Circuit Court of Appeals held in a recent precedential case that the court must compel arbitration between Government Employees Insurance…
Stay a while: the interplay between winding-up proceedings and the mandatory stay provisions under the BVI Arbitration Act
The recent decision of the BVI Commercial Court (the "Court") (the Hon. Justice Ingrid Mangatal (Ag.)) in Kenworth Industrial Limited v Xin Gang…
Key 2023 Statistics from Major PRC Arbitral Institutions: A Comparative Overview
Most of the leading arbitral institutions in the Mainland PRC experienced strong growth in 2023, according to the most recent statistics…
Arbitration award set aside for serious irregularity - a spotlight on the role of arbitration in large value claims involving state entities
The Federal Republic of Nigeria v Process & Industrial Developments Ltd [2023] EWHC 2638 (Comm) was a rare successful application under section 68 of…
Alternative Dispute Resolution: Consultation launched by Rules Committee
The Civil Procedure Rules Committee has published a consultation about proposed changes to rules governing alternative dispute resolution (“ADR”). In…
Sanctioned Russian parties breaching arbitration agreements: Landmark German court decision provides for extra-territorial declaratory relief
German arbitration law provides a rarely used remedy in the form of Section 1032(2) German Code of Civil Procedure (CCP). This provision allows…
Arbitrators can calculate damages on the basis of “honest guesswork” if there is insufficient evidence
Recently, in the case of COBRA Instalaciones Y Servicios v. Haryana Vidyut Prasaran Nigam Ltd, the Delhi High Court (DHC) upheld the quantification…
国际仲裁中第三方资助的发展现状和观察
随着贸易和资本全球化，国际商事仲裁已经成为国际争议解决的首选方式。国际商事仲裁因具有效率高、保密性强、专业度高等诸多优点受企业和当事人青睐，但随之而来的高昂仲裁费用却也成为了许多企业和当事人的负担。无力支付仲裁费用的企业和当事人难以应对旷日持久的讼争，甚至被迫放弃合法合理的主张。如陈美兰法…
Fortune 500 Terms of Use Utilize Varying Arbitration Providers
Greenberg Traurig’s study of the website practices of the Fortune 500 revealed that of the 28% of Fortune 500 companies that have an arbitration…
Sanctioned Russian parties breaching arbitration agreements (Part II): Landmark German court decision dispenses with the Hague Service Convention
In recent years, parties bringing court proceedings against Russian counterparties have faced severe obstacles when effecting service in Russia. In…
“一带一路”倡议下中国国际仲裁的发展趋势
"一带一路"倡议已成为中国积极倡导搭建的全球最大国际合作建设平台，在"一带一路"沿线国家间形成的超大规模合作对制度供给提出了重大需求，国际法律服务需求显著增加，中国也在加大国际法务建设(如海丝中央法务区、上海中央法务区、前海深港国际法务区等)。 中国律师需要积极准备，在国际法、国际仲裁法律服务市场…
Civil Procedure: New King’s Bench Guide and Practice Direction update published
A new version of the King’s Bench Guide has been published, making a number of changes since the full revision of the Guide in 2022. The tenth…
Supreme Court upholds anti-suit injunction against Russian court
The Supreme Court has announced its decision in Unicredit Bank GmbH v RusChemAlliance LLC, with the full judgment to follow. It dismissed the appeal…
Construction arbitration: Commencing arbitral proceedings
In this article, we take a look at the practicalities surrounding the referral of disputes to arbitration, including the need for an arbitration…
Viking River Who? Another Cautionary Tale About Arbitration Agreement Drafting
A recent unpublished California Court of Appeal decision, Hegemier v. A Better Life Recovery LLC, Cal. Ct. App., 4th Dist., No. G061892, demonstrates…
Strengthening Non-Court Dispute Resolution
Family disputes, many of which are sensitive and highly personal, have long been recognised as often being best resolved away from the formal court…
English Court enforces written waiver of immunity from execution in arbitration agreement
In General Dynamics United Kingdom Ltd v The State of Libya [2024] EWHC 472 (Comm), the English High Court (the Court) granted a final charging order…
Interpretation vs. decision-making: Bavarian Highest Regional Court rules on power of state courts and its limits to interpret and clarify operative part of arbitral awards in recognition proceedings
In a decision on an application for declaration of enforceability of a domestic arbitral award on agreed terms, the Bavarian Highest Regional Court…
Proposed rule changes regarding the court’s power to compel ADR
The Civil Procedure Rule Committee (CPRC) is consulting on draft amendments to the Civil Procedure Rules regarding the court’s power to order…
Hong Kong arbitration update: HKIAC records unprecedented HK$92.8 billion in dispute with parallel supportive Hong Kong court supervisory decisions
Last month, the Hong Kong International Arbitration Centre (HKIAC) released its case statistics for 2023. Highlights included: A record high figure…
arbitrateAD - Rules of the Game: Take a Seat
Two months on from the publication and promulgation of arbitrateAD's Arbitration Rules on 1 February 2024 (Rules), and having registered our first…
FINRA Facts and Trends: April 2024
Welcome to the latest issue of FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments…