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AGPLAW Secures Landmark Victory in Complex Shareholder Dispute Arbitration in London
AGPLAW is proud to announce a significant legal victory for our clients, Respondents 1 and 2, in a high-profile arbitration case before the London…
Dr. Sukhsimranjit Singh, Ph.D., Receives Cloke-Millen Peacemaker Award, Serves as Keynote Speaker at Southern California Mediation Association Annual Conference
JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce that Dr…
The shift towards ADR in English litigation: what does this mean for parties going forward?
From 1 October 2024, following a revision to the Civil Procedure Rules (CPR), the English courts are now clearly empowered to order parties to engage…
Arbitration Seat Designation: Key Takeaways from the Investcom Ruling Disputes: A Case Study
Investcom Global Limited v PLC Investments Limited & Ors EWHC 2505 (Comm) The recent Commercial Court decision Investcom Global Limited v PLC Limited…
Toth v. Everly Well, Inc.
On September 25, 2024, the U.S. Court of Appeals for the First Circuit issued its decision in Toth v. Everly Well, Inc. Socially Aware spoke to…
SOS Marine Inc v M/V Gentle Seas: Privilege and Confidentiality in Arbitration and Related Proceedings
As described by the Supreme Court of Canada, privilege is a fundamental principle for the administration of justice.[1] Despite its importance…
Hon. John W. Thornton (Ret.) and Gilbert K. Squires, BCS, Honored With Miami-Dade Bar Circle of Excellence Awards for ADR
JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce that John W. Thornton…
Construction adjudication: The adjudication process
In our first article, we looked at what adjudication is, the types of disputes that can be adjudicated, and reasons to use adjudication. In this…
Supreme Court Settles the Issue of Extension of the Mandate of an Arbitral Tribunal after Efflux of Time
The Supreme Court of India conclusively resolved the uncertainty associated with the time period for filing an application under Section 29A (4) of…
Singapore: Successful resolution of IP dispute under WIPO-Singapore ASEAN Mediation Programme
Two parties in the education sector were able to resolve their trademark infringement dispute under the guidance of a helpful mediator…
Are mediation agreements in family disputes legally binding?
Mediation can help families in various situations, such as considering options for separating the matrimonial Finances, or the child arrangements…
Are we exclusive? Starbucks cannot restrict unionized employees to unionized store
An arbitrator held that Starbucks must maintain its status quo “Borrowing” staffing model at a recently unionized Ontario location, ruling out the…
Sarod Arbitration Rules: institutional dysfunction masquerading as party autonomy
Institutional arbitration has been frequently touted as a panacea for the systemic issues plaguing the domestic arbitration regime in India and…
Preparing the Mediator: Keys for IP Litigators
Mediation can play a critical role in resolving intellectual property cases. Arming the mediator with key pieces of information in advance of the…
Why ADR can be the best option in a defamation dispute
Defamation disputes, particularly in today’s digital landscape, can severely damage both personal and business reputations. Whether it’s a false…
The High Court revisits the issue of "mediation privilege" and proposes (obiter) broadening the "without prejudice" exceptions
The High Court has found a party to a settlement agreement reached at mediation liable for misrepresentation and breach of the agreement, where it…
Latin America Dispute Resolution Update - The Latest Developments in Cross-Border Disputes Involving the US and Latin America
In May 2024, the U.S. Supreme Court issued an important ruling on the “gateway” issue of whether a court or an Arbitral Tribunal will decide if a…
Global Perspectives on Employment Disputes: Key Lessons From Cross-Border Cases
Navigating employment disputes across Borders presents unique challenges for employers and employees alike. Legal frameworks, cultural sensitivities…
Strategic Arbitration Clause Design: A Multinational Perspective on Navigating Disputes in China, Hong Kong, and Singapore
For multinational companies, the Asia-Pacific region presents a vibrant landscape of opportunities intertwined with the chal…
War Series: Recent Submarine Cable Attacks, the 1923 Cuba Submarine Arbitration, and Business Considerations
The global digital infrastructure relies heavily on a vast network of submarine cables, which carry approximately 95% of international data traffic…
Legal developments in construction law: October 2024- Could an expert determination clause be a one-stop dispute resolution process?
In Fiona Trust and Holding Corpn v Privalov Lord Hoffmann said that the construction of an arbitration clause should start on the assumption that the…
Arbitration: Hong Kong Court Granted Anti-Suit Injunction to Restrain Breach of an Arbitration Agreement
In Bank A v Bank B [2024] HKCFI 2529, the Honourable Madam Justice Mimmie Chan re-examined the applicable legal principles for granting an anti-suit…
23 JAMS Neutrals Recognized by Who’s Who Legal for Commercial Mediation
JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce that 23 JAMS…
Supreme Court of NSW Enforces Adjudicator’s Money Order Amid Ongoing Arbitration
The recent decision in Martinus Rail Pty Ltd v Qube RE Services (No 2) Pty Ltd (No 2) [2024] NSWSC 1223 sheds light on the complex interplay between…
Manchester City v the Premier League - Manchester City's challenge of the Premier League's APT Rules
Amidst the Disciplinary proceedings referred to an Independent Commission by the Premier League (the "League") in respect of alleged breaches by…
No fruit from the poisonous tree - The Bavarian Highest Regional Court declines recognition of a cost award rendered in an intra-EU investor-state arbitration
In a recent decision (order of 13 September 2024 - 11 Sch 146/23), the Bavarian Highest Regional Court (BayOblG) ruled on the recognition of an…
Don’t Put the Cart Before the Horse
Parties that have agreed to arbitrate certain disputes often disagree about whether a particular claim falls within their agreement to arbitrate, and…
Enforcing interim measures in the DIFC
1. The DIFC Courts are renowned for their wide enforcement jurisdiction and pro-enforcement approach. Until 2023, however, the DIFC Courts' position…
The DIFC Courts, the Dubai Courts and the Conflict of Jurisdiction Tribunal - A Case Study
In a landmark judgment, Justice Rene Le Miere of the DIFC Court of First Instance has given the first reasoned opinion on the effect of Decree No. 29…
Supreme Court of British Columbia Overturns Arbitrator’s Decision Due to Procedural Unfairness
October 25, 2024 In the recent decision by the Supreme Court of British Columbia Niroei v Bushell, the court delved into the critical issue of…