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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Arbitration. Enforcement of Award. Comity. Foreign Sovereign Immunities Act. Second Circuit affirms decision to award comity to foreign judgments that set aside an award in part, but remands for confirmation of the parts of the award that remained viable under the foreign judgments.
Esso Exploration and Production Nigeria Limited ("Esso"), a Nigerian subsidiary to an international oil corporation, entered into an agreement with
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