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Court-Ordered Mediation in Ireland: High Court Affirms Power to Direct Mediation
The High Court has delivered an important judgment on the role of mediation in Irish civil litigation. In J Burke & Associates Limited v O’Connell…
High Court rejects s68 challenge against USD 26 million arbitral costs award
The English High Court has rejected a challenge to a substantial arbitral costs award under s68 of the Arbitration Act 1996 (the “Act”), finding that…
English court requires parties to arbitrate where tiered dispute resolution clause and notice to arbitrate are unclear
Consider if it is really necessary to include a multi-tiered dispute resolution clause. Whilst well-drafted escalating clauses may facilitate the…
A Meaningful Shift in How ICC International Arbitration is Conducted
The 2026 ICC Rules of Arbitration: What Practitioners Need to Know The long-awaited changes to the International Chamber of Commerce (ICC) Rules of…
Your brain on trial - cognitive biases in dispute resolution
Effectively managing and resolving disputes requires parties to seek prompt legal advice and continuously assess risk. Escalating disputes can have a…
A Useful reminder from the English Court of Appeal: Why Consistency Across Dispute Resolution Clauses in Related Agreements Is Critical
In a judgment concerning the construction of competing dispute resolution clauses, the Court of Appeal’s decision has…
International Arbitration in Australia
International arbitration in Australia operates within a statutory framework that reflects a strong commitment to finality, party autonomy and…
Québec Court of Appeal Endorses Pro-Arbitration Approach
In a recent decision, the Québec Court of Appeal reaffirmed the importance of adopting a broad and Liberal interpretation of arbitration clauses. It…
Protección urgente en disputas legales: medidas cautelares y otras herramientas en Latinoamérica
En el contexto de un conflicto judicial o arbitral, las partes pueden enfrentarse a situaciones urgentes que, si no se atienden de inmediato, ponen…
Scrutiny from regulators outside Japan: Challenges for Japanese companies - Episode 10: Behaviour in public and private are very different in Japan
Public behaviour in Japan is often characterized as courteous, rule-abiding, and considerate — and this is largely true. This behaviour is driven by…
La Cour d’appel du Québec prône une approche pro-arbitrage
Dans un arrêt récent, la Cour d’appel du Québec réitère l’importance d’adopter une interprétation large et libérale des clauses d’arbitrage. Elle…
Antrix v. Devas: Enforcement of the ICC Award Before the Dutch Courts
On 6 March 2026, the Supreme Court of the Netherlands dismissed Antrix’s appeal in cassation, leaving undisturbed The Hague Court of Appeal’s…
How Alleged Conflicts of Interest and Partiality of Arbitrators Are Resolved in the Context of the Selection of an Arbitrator in Hospitality Industry Disputes
Key Takeaway: JAMS and AAA rules require arbitrators to disclose any circumstances that could raise doubts about impartiality—parties should…
1974年通商法122条に基づく10％関税を違法とする国際貿易裁判所の判決
2026年5月7日、米国の関税・税関・輸入関連措置等の事件を管轄する国際貿易裁判所（「CIT」）は、The State of Oregon, et al. V. United States, et al.及び Burlap and Barrel, Inc., et al v. Unit…
Beyond Mediation: Exploring Expert Determination and Early Neutral Evaluation
When parties consider alternative dispute resolution (ADR), the focus is often on mediation, arbitration, or straightforward negotiations. However, a…
Irish High Court confirms authority to order mediation in civil disputes
The High Court in J Burke & Associates Ltd v O’Connell [2026] IEHC 314 has confirmed that Irish courts have the power to order parties to mediate…
Mandatory Mediation: High Court confirms power to order mediation in civil proceedings
The High Court (Twomey J) in J Burke & Associates Ltd v Patrick O’Connell (20 May 2026) has confirmed, for the first time in a non‑personal injuries…
International Arbitration: Balancing Efficiency and Party Autonomy - the ICC Publishes its New 2026 Arbitration Rules
On 22 May 2026, the International Chamber of Commerce (ICC) published its updated Arbitration Rules (2026 ICC Rules), which will apply to all ICC…
The New ICC Arbitration Rules 2026: The main amendments for increased efficiency and clarity
On 22 May 2026, the International Chamber of Commerce (“ICC”) published its revised Arbitration Rules, scheduled to enter into force on 1 June 2026…
From Conflict to Resolution: The 5 Benefits of Mediation
Commercial disputes can be disruptive, expensive, and time-consuming. Few organisations or individuals want to spend months or years tied up in…
Arbitration Clause in Vietnam: 7 Drafting Mistakes Foreign Companies Should Avoid
To most managers’ surprise, an arbitration clause in Vietnam is one short Paragraph in your contract, but it is also a separate agreement…
SCOTUS Rules Federal Courts Retain Jurisdiction in Post-Arbitration Proceedings: Implications for FINRA and NFA Arbitrations
Last week, the Supreme Court held that federal courts that compel arbitration and stay a case pending completion of that arbitration under Section 3…
Court decides laytime dispute in favour of charterers
The Commercial Court has allowed an appeal against an arbitration award that decided that, absent a valid notice of readiness (NOR), the…
Dispute Resolution Services in UAE: Where to Find Effective Legal Solutions
Disputes can arise in many situations, whether between business partners, landlords and tenants, employers and employees, buyers and sellers, or…
Supreme Court Clarifies Federal Jurisdiction to Enforce Arbitration Awards
On May 14, 2026, the Supreme Court held in Jules v. Andre Balazs Properties, 608 U.S. ___ (2026), that a federal court that had jurisdiction over a…
Faster, smarter, stronger - the new ICC Rules 2026
The current geopolitical situation and economic uncertainty have made international dispute resolution more relevant than ever. From supply chain…
Hon. Grace G. Dickler (Ret.) Receives The Lilac Tree’s 5th Annual Honor Service Award
Irvine, Calif. - JAMS, the premier provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce that Hon. Grace G…
ICC Arbitration Rules 2026: Faster and more interventionist arbitration
The ICC has published its updated Arbitration Rules (the 2026 Rules), which enter into force on 1 June 2026. The 2026 Rules will apply to all…
The Jurisdictional Rope He Handed Them: Jules v. Andre Balazs Properties
In Jules v. Andre Balazs Properties, 608 U.S. ___, 2026 WL 1336216 (U.S. May 14, 2026), the Supreme Court resolved a circuit split that had arisen…
Newsletter du 4 au 15 mai 2026 | n° 125
La présente Newsletter de Monfrini Bitton Klein vise à offrir, de manière hebdomadaire, un tour d’horizon de la jurisprudence rendue par le Tribunal…