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International Arbitration: AI Arbitrator Launched by the AAA-ICDR
The American Arbitration Association - International Centre for Dispute Resolution (AAA-ICDR) has launched an artificial intell…
Supreme Court of Federation Bosnia and Herzegovina upholds a pathological arbitration clause
In a recent decision concerning the annulment of a domestic arbitral award, the Supreme Court of Bosnia’s sub-sovereign entity Federation Bosnia and…
ADR at any cost? When refusal is reasonable
In the recent case of Belson & Ors v Belson & Ors [2025] EWHC 2989 (Ch), the Court rejected an argument that claimants who had succeeded in a trusts…
Litigation and Arbitration: New Rules on Governing Law and Arbitration Seat for Hong Kong and Macau Investors in the Greater Bay Area
In a landmark development, Hong Kong and Macao enterprises in the Guangdong-Hong Kong-Macao Greater Bay Area (“GBA”) can agree on either the Mainland…
Interim Relief in ADGM-Seated Arbitrations: Mandatory Rules Prevail
In A30 & Ors v E30 & Ors [2025] ADGMCA 0003, the Abu Dhabi Global Market (ADGM) Court of Appeal expressly confirmed that in the context of granting…
A question of Admissibility or Jurisdiction? An overview of international positions regarding compliance with agreed pre-arbitration processes
A recent decision by the High Court of Singapore has addressed, at first instance, a controversial procedural question in international arbitration…
J.P. Thomson Architects v. Greater Essex CDSB
Ontario’s Court of Appeal clarifies that a 30‑day reference in a standard-form multi‑tier dispute resolution clause is a minimum resolution period…
Sinclair v. T.D.M.C. Holdings Ltd.
The British Columbia Court of Appeal holds that any party seeking to cross appeal an award must do so within the same 30-day deadline that applies to…
Inter Pipeline Ltd v. Teine Energy Ltd
Ontario Court issues an anti-arbitration injunction against a Hong Kong-seated arbitration brought to circumvent the Court’s previous ruling that the…
PR Act 100 Discrimination Claims: Puerto Rico SC Confirms Compulsory Arbitration
The Puerto Rico Supreme Court’s significant Tucker v. Money Group ruling holds that courts must compel arbitration, even for Puerto Rico…
Ninth Circuit Affirms Denial Of Motion To Compel Arbitration Imposed After Class Certification
Duane Morris Takeaways: On January 28, 2026, in Avery, et al. V. TEKsystems, Inc., 2026 U.S. App. LEXIS 2091, Case No. 24-5810 (9th Cir. Jan 27…
Can Owners Slow Down—Without Breach? Eco-Measures, CII, EU ETS and FuelEU Compliance, and BIMCO Clauses
The Carbon Compliance Paradox: Can Owners Lawfully Slow Down? As IMO CII, EU ETS, and FuelEU Maritime drive the industry toward lower emissions…
Vento Motorcycles, Inc. v. United Mexican States
Court of Appeal for Ontario sets aside award upon finding justifiable doubts as to impartiality of one member of a three-member tribunal. The dispute…
FIDIC Releases New Guidance for Dispute Board Decisions
FIDIC has released its latest guidance for Dispute Board members in the form of Practice Note III: Dispute Board Decisions - Preparation and…
Buffalo Point First Nation v. Buffalo Point Cottage Owners Association Inc
Manitoba Court of Appeal confirms that the reasonableness standard continues to govern appeals from commercial arbitral awards, notwithstanding…
Freezing Orders: how are they enforced around the world? Switzerland perspective
This is the second in a series of articles which explore the enforcement of freezing orders in key jurisdictions around the world, including in…
Mayfield Investments Ltd (Re)
Alberta Court of King’s Bench finds primacy of receivership proceedings over arbitration proceedings when mandatory statutory stay of arbitration is…
Arbitration Agreement’s Illegible Print Not Automatically Invalid as Unfair
The California Supreme Court held in Fuentes v. Empire Nissan, Inc. (Feb. 2, 2026) that small or blurry print in an arbitration agreement does not…
Current trends in Australian disputes 2025-26
Australian companies continue to face a broad range of class actions in 2026, including consumer, employment, financial services, shareholder…
Lochan v. Binance Holdings Limited
Ontario Court issues an anti-arbitration injunction against a Hong Kong-seated arbitration brought to circumvent the Court’s previous ruling that the…
Fisher v. Airfoam Industries Ltd. (Quad-Lock Building System)
British Columbia Court held that arbitration terms incorporated by reference through online terms of sale were enforceable and not “inoperative”…
Malaysia Embraces Third Party Funding in Arbitration: A New Era Begins
Malaysia has taken a major step forward in modernising its arbitration landscape with the entry into force of the Arbitration (Amendment) Act 2024…
Spinney v. Fowlie
Ontario Court sets aside award for want of procedural fairness after arbitrator switches hearing format mid-arbitration and refuses to consider…
Commercial Disputes Weekly - Issue 271
A dispute arose between two oil traders in relation to the specification of a cargo of fuel oil that Onex had supplied to Mercuria, which was…
When is ‘Final’, Final? Examining the Limits to Finality in Arbitration
One of the main attractions of arbitration is the finality of the arbitral award. When parties to a dispute decide to resolve it through arbitration…
Shaping Asia’s Infrastructure: The use of Disputes Boards for construction projects in Asia—takeaways and pitfalls
An efficient and effective dispute resolution is key to minimise disruption to construction projects. Dispute Boards (DBs) is one such mechanism…
Ethics in International Arbitration: The IBA Rules on Conflicts of Interest and Rising Disclosure Concerns
A fundamental principle of international arbitration is that every arbitrator must be impartial and independent of the parties involved in the…
From Contractual Arbitration to Statutory Protection: The MSMED Act Advantage
The Micro, Small and Medium Enterprises Development Act, 2006 (“MSMED Act”) represents a conscious legislative departure from conventional commercial…
Embracing Disruption: Navigating the New Normal in African Arbitration with AI and Virtual Hearings
The COVID-19 pandemic brought unprecedented disruption to activities globally, compelling the world to rethink its approach to work, life and…
A Case for the Finality of Arbitral Awards in Nigeria
One of the core principles in arbitration is that arbitral awards are meant to be final and binding. Yet, in practice, the notion of finality has…