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Tuesday, September 27, 2022 8:00 PM

JAMS Neutral Spotlight: Hon. David A. Garcia (Ret.)

Hon. David A. Garcia (Ret.), who served 20 distinguished years on San Francisco’s municipal and superior courts, is recognized as one of the best law

Tuesday, September 27, 2022 8:00 PM

The perils of failing to document an oral agreement at mediation - a cautionary tale

Commit any agreement made to written form on the day of the mediation, regardless of the simplicity of the agreement or quantum in dispute, or risk

Tuesday, September 27, 2022 8:00 PM

Canada trade arbitration disputes arising from the European energy crisis

In 2020, Canada was the tenth largest partner of the EU for goods exports and the 16th largest partner for EU goods imports

Tuesday, September 27, 2022 8:00 PM

Arbitration Act review: 2 - Arbitrator independence, impartiality and disclosure

Following on from our first commentary on the Law Commission’s recently published Consultation Paper (CP) summarising its review of the Arbitration

Monday, September 26, 2022 8:00 PM

Alarming allegations, child witnesses, and bias: Lessons from a public school investigation

Conducting an investigation that is thorough, fair, confidential, and timely is, to speak plainly, complicated work. Investigators must make many

Monday, September 26, 2022 8:00 PM

Reinforcing the Effect of Dispute Resolution Clauses

A recent decision in the Technology and Construction Court has reinforced the binding nature of pre-agreed dispute resolution clauses (DRPs), but has

Monday, September 26, 2022 8:00 PM

Arbitration Act - consultation launched on proposed reforms

The Law Commission has just launched a consultation on its provisional proposals for reforming the Arbitration Act 1996 (the Act), designed to ensure

Monday, September 26, 2022 8:00 PM

Questions Remain as Supreme Court Restricts 1782 Discovery in Private International Arbitrations

Section 1782 of Title 28 of the U.S. Code authorizes U.S. district courts to order discovery "for use in a proceeding in a foreign or international

Monday, September 26, 2022 8:00 PM

The Law Commission’s review of the Arbitration Act 1996 - polishing “a gold standard”?

The Law Commission of England and Wales has published a consultation paper setting out provisional proposals on potential areas of reform to the

Monday, September 26, 2022 8:00 PM

Commercial Disputes Weekly - Issue 133

In a dispute arising out of a PFI project to rebuild or refurbish local authority sheltered housing, the Technology and Construction Court has

Monday, September 26, 2022 8:00 PM

Arbitration Act Review: 1 - Confidentiality

In its Consultation Paper (CP) in connection with its Review of the Arbitration Act 1996, the Law Commission concludes that the Act still works very

Monday, September 26, 2022 8:00 PM

On-demand conference: Oil, Gas & Renewables - Investing and Arbitrating in Latin America

On 15 September, we hosted our Oil, Gas & Renewables - Investing and Arbitrating in Latin American conference, at which over 15 industry players

Monday, September 26, 2022 8:00 PM

High(ly) interest(ing): arbitration, litigation and rising interest rates

Following the US Federal Reserve’s increase in interest rates by 0.75 on 20 September 2022, the prime rate at JPMorgan Chase & Co, Citigroup Inc and

Monday, September 26, 2022 8:00 PM

The Law Commission’s Review of the Arbitration Act 1996

On Thursday the Law Commission of England and Wales published its review of the Arbitration Act 1996 (“the Act”). The Act has long been regarded as an

Monday, September 26, 2022 8:00 PM

Arbitrator Upholds Termination of 20-Year Employee for Islamophobic and Anti-Asian Response to COVID-19 Mask Policy

An Alberta labour arbitrator recently upheld the termination of a 20-year employee after he expressed anti-Asian and Islamophobic views in response to

Monday, September 26, 2022 8:00 PM

Hong Kong Court of Appeal considers the effect of exclusive jurisdiction clause on bankruptcy proceedings

A recent Hong Kong Court of Appeal decision examined a creditor’s right to commence bankruptcyinsolvency proceedings where the petition debt arises

Monday, September 26, 2022 8:00 PM

EGYPT: New Restriction on the Termination of Contracts between the State and Foreign Investors - Will the Number of Arbitrations Decline?

On 13 September 2022, the Egyptian Prime Minister issued Decree 32182022 requiring all state entities and companies fully or partially owned by the

Sunday, September 25, 2022 8:00 PM

The rise of renewable energy disputes and arbitration

Renewable energy is not new. It has been around since waterwheels in 2000 BC, windmills in the 16th century and solar systems as early as the 19th

Sunday, September 25, 2022 8:00 PM

Real Estate Disputes and ESG - a rise in mediation?

Environmental, social and governance (“ESG”) issues have never been more important. They play into everything; increasingly driving investment

Sunday, September 25, 2022 8:00 PM

Does mediation offer the answer to the ever growing family court backlog?

Mediation is widely promoted by responsible family lawyers and increasingly so by the judiciary. In the 2020 case of Re B (A Child) (Unnecessary

Sunday, September 25, 2022 8:00 PM

Third Circuit Confirms Invalidly Assigned Arbitration Agreements May Still Be Enforceable

A recent decision by the Third Circuit examined the circumstances under which an arbitrator must decide gateway questions of arbitrability in cases

Sunday, September 25, 2022 8:00 PM

The arguments for compulsory mediation

Mediation is firmly established as a means of dispute resolution in commercial disputes and is the most commonly referred to form of alternate

Sunday, September 25, 2022 8:00 PM

Single Proceeding Model Trumps Contractual Rights - Arbitration Clause Held “Inoperative” in Insolvency Proceeding

A recent decision of the Ontario Court of Appeal invalidated an arbitration and forum selection clause in a commercial agreement in favour of having

Sunday, September 25, 2022 8:00 PM

Arbitration in the Kingdom of Saudi Arabia Part 1 - Arbitration in Saudi Arabia: why it's on the rise

Arbitration in the Kingdom of Saudi Arabia (the "KSA") has changed significantly in recent years and is on the rise. In this Legal Update we

Sunday, September 25, 2022 8:00 PM

Getting on Board: why not, if it is a Dispute Board?

Experienced players in the construction industry would be no stranger to dispute boards which have been present since the 1960s. Over the last few

Saturday, September 24, 2022 8:00 PM

Cannabis Litigation: Mediation Tips

Our litigation team regularly attends mediations both before a lawsuit is filed and while a lawsuit is pending. We’ve covered mediation in the past

Saturday, September 24, 2022 8:00 PM

Court of Appeal summaries (September 19, 2022 - September 23, 2022)

In Bennett Law Chambers Professional Corporation v. Camcentre Holdings Inc., the Court dismissed an appeal of an application judge’s finding that a

Thursday, September 22, 2022 8:00 PM

Arbitration. Arbitrability. On remand from the Supreme Court, Eleventh Circuit affirms district court decision that non-signatories may enforce arbitration clauses under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

In 2007, the predecessor of Plaintiff Outokumpu Stainless USA, LLC ("Outokumpu") entered into a series of agreements with F.L. Industries Inc

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