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Hon. John C. Cratsley (Ret.) to Be Honored With Professor Frank E. A. Sander Award in Dispute Resolution
JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce that Hon. John C
Key Takeaways from the Inhouse Congress 2021
This year, Alsuwaidi & Company sponsored the Inhouse Congress. The event was held virtually and was attended by inhouse teams from across the UAE
Judicial Digitization: State Judicial Administration of Ukraine introduces eCourt
On 28 September2021 the State Judicial Administration of Ukraine presented a new mobile application called eCourt, which takes the next step towards
The new security of payment regime in Hong Kong - key issues to consider before its implementation
With the Hong Kong Development Bureau’s (DevB) contractual security of payment regime coming into effect from 31 December 2021 (the SOP regime), we
Mediation Week 2021
Mediation is increasingly encouraged by the Belgian legislator and the courts. You will find hereinafter an overview of the types of mediations and
Mediation Week 2021
La médiation est de plus en plus encouragée, par le législateur belge et par les cours et tribunaux. Vous trouverez ci-après un aperçu des types de
Mediation Week 2021
Bemiddeling wordt steeds meer aangemoedigd door de Belgische wetgever en door De hoven en rechtbanken. Hieronder vindt u een overzicht van de
Construction Law Update: Court elaborates principles that apply in Ireland to Enforcement of Adjudication Decisions
Aakon Construction Services Ltd v Pure Fitout Associated Ltd is the third case in which the High Court in Ireland has enforced an adjudicator's
Guide to Doing Business in Canada: Dispute resolution & litigation
While it is similar to the American regime, the Canadian approach to dispute resolution is informed by the unique nature of the Canadian court system
Investment Treaty Arbitration: Construction and Infrastructure Projects
Before looking at the specific issues that arise in the context of investment treaty disputes, it us worth reflecting on the specific challenges and
Investment Treaty Disputes in the Life Sciences Industry
In its global scale and economic impact, the life sciences industry presents unique considerations for investment treaty arbitrations. Recently, the
Expert Role in Causation Analysis for Energy Transition Related Arbitration
In this chapter, we evaluate the importance of causation in investment arbitration for the natural gas and power sectors, and the critical role
Investor-State Arbitration and the 'Next Generation' of Investment Treaties
Investor-state arbitration has grown over the years to become one of the most dynamic and controversial features of international investment law
NAFTA and USMCA: The Next Stage of the Saga
After multiple rounds of negotiation, and years of speculation and discussion about the fate of the North American Free Trade Agreement (NAFTA), a
The Investment Treaty Arbitration Review: energy charter treaty
Despite calls for reform and controversial public debate in the past years surrounding the negotiation of chapters on investment protection in free
Revision, Interpretation and Correction of Awards and Supplementary Decisions
Sadly, at the conclusion of some arbitrations, parties may review a Final Award and note that while there may not be serious legal errors or serious
New TAI rules provide the option of expedited procedure in arbitration
The Thai Arbitration Institute (TAI) has announced the 4th amendment to its 2017 Arbitration Rules (effective 1 October 2021), including new rules
A High Point for On-Demand Bonds: English Court of Appeal Questions ‘Paget’s Presumption’; English High Court Rejects Emergency Arbitrator to Stop a ‘Call’; and Singapore Court of Appeal Supports Express Exclusion of ‘Unconscionability’ Ground
On-Demand Bonds or Guarantees are preferred relative to “see to it” Bonds or Guarantees. This is because under On-Demand Bonds the obligation to pay
Confidentiality undone? Publication of Court judgments in challenges to arbitration awards
One well-known reason for commercial parties to choose arbitration is the reassurance that such proceedings are confidential. For various reasons
Major Projects & Construction 5 Minute Fix 86: arbitration clauses, prevention principle, excluded amounts and liquidated damages
The High Court will shortly hear special leave applications regarding whether the following judgments of the Victorian Court of Appeal can be
The UK Government is not a “competent local authority"
In the matter of Policyholders v China Taiping Insurance (UK) Co Ltd, heard in arbitration before Lord Mance, ex-member of the Supreme Court, it has
Just head to arbitration Freedom Foods Pty Ltd v Blue Diamond Growers 2021 FCA 172
The interaction between domestic laws, choice-of-law and arbitration clauses in contracts governing cross-border transactions can create uncertainty
You Can Run But You Cannot Hide: The Public Duty to Consider Evidence of Corruption in Arbitrations
The Singapore International Commercial Court (the SICC), in its decision in Lao Holdings N.V. v The Government of the Lao People's Democratic Republic
Dealing with a Non-Responsive Respondent at the Singapore International Arbitration Centre
Ironically, doing nothing can sometimes serve as an effective defense. In arbitration proceedings at the Singapore International Arbitration Centre
8th Circuit says website terms of use are unenforceable
On October 8, the U.S. Court of Appeals for the Eight Circuit overturned a district court’s ruling that a corporate Defendant’s arbitration clause
Trends and Developments in Infrastructure Arbitration
The effects of COVID-19 and concerns about unforeseen events have caused both owners and contractors of infrastructure projects to re-evaluate how to
Interpreting Arbitration Agreements: A Cautionary Tale for Commercial Parties
With the indiscriminate spread of COVID-19 and the corresponding prevalence of remote hearing tools across the world, it has never been easier for
Arbitration in the Fifth - September 2021
In September 2021, the Court of Appeals for the Fifth Circuit (in Butler v. Z&H Foods, Inc) addressed yet again the requirements to challenge the
Adjudicator jurisdiction across jurisdictions
The construction industry underpins economies worldwide. In New Zealand, the construction sector contributes 6.2 per cent to gross domestic product
Arbitration in Dubai - How Decree 34 will impact on parties to DIFC-LCIA arbitration agreements
Last month, we summarised how the Dubai government's Decree 34 of 2021 concerning the Dubai International Arbitration Centre is reforming Dubai’s