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Arbitration under special statutes with regard to contractual stipulations
The freedom to contract principle forms the basis of the Contract Act 1872. A similar concept is also provided for in the Arbitration and
COVID-19: Implications for the future of Dispute Resolution
As the 2019 Novel Coronavirus (COVID-19) continues to spread across the world, businesses are facing significant levels of instability and
Disputes involving sanctions against Russian persons must now be settled in the Russian state courts
On 19 June 2020, a new Russian Law (Federal Law No. 171-FZ dated 8 June 2020, known as the “Lugovoy Law,” named after its author) entered into force
Negotiating in Style - Marx Brothers Style
You may recall that wonderfully entertaining scene in the Marx Brothers movie, “A Night at the Opera” where Groucho and Chico are deep in contract
Tribunal's jurisdiction to hear claims for damages over breach of licence agreement upheld
In a recently published French-language decision, the Swiss Supreme Court rejected an application to set aside a final award in which the arbitral
No 'Russian gamechanger' in anti-suit injunctions
In January 2020 Enka, a Turkish contractor, applied to the Commercial Court in England for an injunction to restrain Chubb, an insurance company
Second Circuit Confirms U.S. Discovery Not Available in Private International Arbitrations
A ripening circuit split over the availability of U.S. discovery in foreign arbitration proceedings took another step toward a possible Supreme Court
New Developments in U.S. Discovery in Aid of Foreign Arbitration
In litigation or arbitrations outside of the United States, one of the lesser-known strategies to obtain U.S.-style discovery in aid of the foreign
Vavilov Strikes Again: The Debate Over Standards of Review in Commercial Arbitration Reaches Ontario
Once again, a lower court has applied the Vavilov test when determining the appropriate standard of review of an arbitral decision. The Court’s
Virtual Hearings in arbitrations in India
With the advent of Covid-19 pandemic, and the consequent lockdown imposed by the Indian government, it may be imprudent or even practically difficult
A Breach by an Arbitrator of hisher duty of disclosure does not automatically amount to the grounds to set aside the Award
In Dommo v. Barra y Enauta, the new International Division of the Court of Appeal, Paris, held on February 25, 2020 that a breach by an arbitrator of
Uber’s international arbitration clause confirmed unfair by Canadian Supreme Court
The Canadian Supreme Court has confirmed that provisions imposed on Uber drivers requiring them to resort to international arbitration in the event
International Arbitration Update: July 2020
The United Nations Convention on International Settlement Agreements Resulting from Mediation (the "Singapore Convention") will come into force on 12
Arbitration in the Fifth - June 2020
June produced the lowest monthly tally of arbitration-related opinions so far this year. Notable in June are the Fifth Circuit’s In re Spiros
Vienna Arbitration Talks: Episode 6
The sixth episode of Vienna Arbitration Talks is now available. Patricia Shaughnessy, Associate Professor at the Stockholm University, and Peter
国际仲裁微课堂 四国际商事仲裁协议之一
仲裁协议是国际商事仲裁的基石它记录了各方当事人将争议提交仲裁的合意这种合意的达成和生效是仲裁程序顺利进行仲裁裁决得到承认和执行的必要前
Construction case law update: Crystallisation of a Dispute in Adjudication
In June 2020, the Technology and Construction Court in the UK provided further clarity on the circumstances in which a "dispute" has crystallised for
Supreme Court of Canada Puts the Breaks on Uber’s Arbitration Clause
The Supreme Court of Canada recently released its decision in Uber Technologies Inc. v. Heller, a dispute between the large ridesharing and food
FundamentalsAn Overview on International Arbitration
There are three major methods of international dispute resolution; namely international arbitration, international commercial litigation, and
Supreme Court May Decide if Litigants Can Conduct U.S. Discovery for Private International Arbitrations
While discovery, especially document discovery, is increasingly a feature in complex international commercial arbitrations, it is almost never as
Finance litigation: 10 legal risks
As the economic fallout from the COVID-19 crisis develops, the risk of default in commercial lending rises. Banks face increasingly challenging
Class Action Litigation Update: Key Developments From Second Quarter 2020
There were several notable developments in the second quarter of 2020 affecting class actions. The Judicial Panel of Multidistrict Litigation will
Florida state appellate court rules on issue of arbitrability
In Doe v. Natt, No. 2D19-1383 (Fla. 2d DCA Mar. 25, 2020) click for opinion, a Texas couple, referred to as John and Jane Doe, filed suit against
Looking at Arbitration as a method of resolving Competition Law Disputes in India
There is a common belief that the arbitration law and competition law regimes stand diametrically opposite to each other with no point of
Update: British Columbia’s New Arbitration Act Comes into Force on September 1, 2020
In March 2020, we previewed anticipated changes the British Columbia (“BC”) government had tabled to the Arbitration Act, R.S.B.C. 1996, c. 55 (the
从实务角度谈国际商事仲裁与国内仲裁之区别
2019年笔者参加了香港国际仲裁中心每年一度的香港仲裁周活动香港仲裁周每年都吸引大量的来自各国的仲裁界人士这次也不例外其中特别引人入胜的是一场题为"亚洲仲裁
国际仲裁微课堂国际仲裁概览
随着国际贸易投资活动的日益频繁对可能发生或已经发生的跨境争议国际仲裁是公认的首选争议解决方式然而国际仲裁与国内仲裁程序有着巨大的不同
English High Court sets aside lmaa award on the basis that the arbitral tribunal lacked substantive jurisdiction
In MVV Environment Davenport Ltd v NTO Shipping GMBH & CO, MV Nortrader 2020 EWHC 1371 Comm, the High Court (the “Court”) set aside an LMAA award
Supreme Court Decides No Signature, No Problem
For years the Supreme Court of the United States has been petitioned to clarify international and domestic policies surrounding international
The New Normal Mediation: A User Guide
Mediation will play an important role in resolving the many disputes that will follow the Covid-19 triggered recession.The flexibility of solutions