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Does third party funding still represent the way forward in arbitration?
That was the question posed to a panel of experts during one of the sessions at the Commercial Dispute Resolution (CDR) Autumn Arbitration Symposium
Supreme Court strengthens impression that arbitral awards usually stand despite tribunal's procedural errors
Recent case law confirms that the Swedish courts uphold the general principle that awards finalise a dispute between parties. In order to successfully
Shanghai allows foreign arbitration in Lin Gang area
The Shanghai Municipal Bureau of Justice released the Administrative Measures on Business Offices Established by Foreign Arbitral institutions within
Mediation: Human Rights in Mexico
New judicial criteria about mediation regarding its quality as a constitutional human right. In certain cases, judges will have to suspend a
Mediación: Derecho Humano en México
Nuevos criterios jurídicos sobre la Mediación en torno a su calidad como derecho humano de rango constitucional. Asimismo, los jueces deberán
Mission: Impossible - When litigators mediate
While ation is recognised and recommended as a quick and cost-effective means of resolving a dispute by ‘alternative’ means to litigation, some
California Court Finds Arbitration Agreements Unconscionable
Agreeing with a trial court that the arbitration agreements at issue were both procedurally and substantively unconscionable, a California appellate
Of Inconsistency and the Painful Death of Queensland Adjudication
Building industry participants have no insurance against losing their assets under the ineffective and Dying Building Industry Fairness (BIF) Act
Applicability of the tax regime of UCI incorporated under portuguese law to UCI incorporated under a foreign law
An arbitration decision was recently published in a case where a branch in Portugal of a société civile de placement immobilier incorpo
Aplicabilidade do regime fiscal dos OIC constituídos ao abrigo da lei portuguesa aos OIC constituídos ao abrigo de lei estrangeira
Foi recentemente publicada uma decisão arbitral em cujo processo uma sucursal em Portugal de uma société civile de placement immobilier co
ICSID’s Annual Report for FY2019
The International Centre for Settlement of Investment Disputes (“ICSID”) has published its 2019 Annual Report. The Report provides an interesting
Contract Negotiations & The Sanctity Of Contracts : A Case Study Of P&ID V The Federal Republic Of Nigeria (FGN)
Although the foremost advantage of arbitration proceedings is confidentiality; arbitration cases of high import never remain secret due to a number
The District of Massachusetts Orders that Comcast Subscribers Must Individually Arbitrate Privacy Class Action Claims
On November 4, 2019, in Wainblat v. Comcast Cable Communications, LLC, et. Al., No. 19-cv-10976, the District of Massachusetts ordered that a
Enforcing arbitral awards: Dutch Supreme Court rules judges must consider whether consumer law has been complied with
In a judgement dated 8 November 2019, the Dutch Supreme Court found that a judge, when ruling on a request for leave to enforce an arbitration award
When do challenges for serious irregularity in arbitration succeed and what can you do to avoid them?
An arbitration award can be challenged under section 68 of the English Arbitration Act 1996 (s.68) if there has been a serious irregularity that has
New stockholm Chamber of Commerce arbitrator’s guidelines and SCC platform
In October 2019, the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) issued revised arbitrator’s guidelines (the “Guidelines”
Global arbitral community now awaits a decision from the UK Supreme Court in Deepwater Horizon appeal
Overnight, the UK Supreme Court concluded hearing the oral arguments in the Deepwater Horizon appeal on the issue of whether an arbitrator must
Halliburton v Chubb: The Future of Repeat Appointments
The English Supreme Court (Lord Reed, Lord Hodge, Lady Black, Lord Lloyd-Jones, and Lady Arden) has finished hearing two days of submissions in the
Retirement Home Or Long-Term Care Facility
In a recent interest arbitration award that was convened for the purposes of determining a labour dispute under the Hospital Labour Disputes
Guide to Doing Business in the United Arab Emirates, 2019
For over three decades, Baker McKenzie Habib Al Mulla has helped businesses optimize opportunities and mitigate risks in the United Arab Emirates
Multiplicity of proceedings no reason to withhold anti-suit injunction
In A and another v B and another 2019 EWHC 2478 (Comm), the English High Court granted a continuation of an anti-suit injunction to restrain the
When Mum’s Not the Word - Ninth Circuit Appeals Court vacates arbitral award after Arbitrator’s silence on economic interests
Before being engaged to arbitrate, Arbitrators must disclose their ownership interests in the arbitral organization proposed to hear the
English High Court Confirms Costs Award Part and Parcel of Substantive Award
In Andrew Martin, Nicholas Greene, Coban 2017 LLP (formerly named Strutt & Parker LLP) v. Michael Harris 2019 EWHC 2735 (Ch), the English High Court
Key insight into claim on Warranty & Indemnity insurance
The Supreme Court of Victoria has considered whether an insured buyer under a warranty and indemnity (W&I) policy is entitled to indemnity from an
Law relating to limitation for challenging of arbitration awards
One of the main purposes of arbitration is to resolve commercial disputes within a reasonable time. To achieve this objective UNCITRAL Model law
Dispute Resolution Provisions - More Important Than You May Think
Contractual provisions by their very nature have the potential to create tension between the contracting parties. In the case of hotel
Similar fact evidence in arbitration proceedings
The question as to what constitutes hearsay evidence and when it is admissible in arbitration proceedings in the CCMA or a bargaining council has
Employers can start an arbitration program after being sued . . .
The National Labor Relations Board recently ruled that an employer may impose a mandatory arbitration program with a class or collective relief
China’s Supreme Court Enunciated the Non-Arbitrability of Antitrust Civil Disputes
For a few years, the topic of whether antitrust civil disputes could be arbitrable had been hotly debated in China. There were few precedents in
JAMS Sponsors Law Rocks Concerts for a Second Year
JAMS, the largest private provider of alternative dispute resolution (ADR