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Thursday, April 18, 2024 8:00 PM

对标PPP新机制,特许经营模式理性回归:评《基础设施和公用事业特许经营管理办法》

2024年4月8日,国家发改委等六部门联合发布《基础设施和公用事业特许经营管理办法》(下称“《管理办法》”),对2015年施行的原25号令进行首次修订。本…

Wednesday, April 17, 2024 8:00 PM

Antitrust Class Action Review - 2024!

Class action litigation presents one of the most significant risks to corporate defendants today. Procedural Mechanisms like the one set forth in…

Wednesday, April 17, 2024 8:00 PM

In-Court Arbitration in Thailand: A Tool Worth Exploring?

In-court arbitration is an alternative dispute resolution (ADR) tool provided in the Civil Procedure Code (CPC) for cases that have already been…

Wednesday, April 17, 2024 8:00 PM

Spotlight on ... Independent arbitrator and mediator Hasit Seth

Gautam Bhattacharyya is delighted to welcome arbitrator Hasit Seth for a conversation that delves into Hasit’s career trajectory and discusses the…

Wednesday, April 17, 2024 8:00 PM

A Cautionary Tale for Arbitration Practitioners and Lawyers

The Commercial Court in England & Wales has ruled that the arbitral award granted in favour of Process & Industrial Developments Limited (P&ID) in…

Wednesday, April 17, 2024 8:00 PM

International arbitration: Is artificial intelligence the future of decision making?

The future role of technology and, particularly, the use of artificial intelligence in our lives has been discussed at length in recent times. But…

Wednesday, April 17, 2024 8:00 PM

Space Law and Arbitration: An introduction to Space Law in the UK

The general suitability of arbitration as a mechanism for dealing with space related disputes has been discussed elsewhere in this series. This…

Wednesday, April 17, 2024 8:00 PM

Revolutionizing Resolution: The Transformative Impact of AI on ADR

In my previous article on AI in ADR, I emphasized both the opportunities and risks associated with the use of artificial intelligence in alternative…

Wednesday, April 17, 2024 8:00 PM

Supreme Court, in exercise of curative jurisdiction, sets aside arbitral award on the grounds of patent illegality and perversity

A 3 (three) judge bench of the Supreme Court of India ("Supreme Court"), while deciding a curative petition filed with regard to the decision in…

Wednesday, April 17, 2024 8:00 PM

Unpacking the DMRC Case: Key Aspects Explained

This case pertains to a 2008 concession agreement which envisaged a public-private partnership for providing metro rail connectivity between New…

Wednesday, April 17, 2024 8:00 PM

Court Proceedings Stayed in Favour of Arbitration to Which Respondents Were Not Party

In NTT Limited & Others v. Goodall, the Commercial Court of England and Wales stayed litigation proceedings in favour of arbitration proceedings…

Wednesday, April 17, 2024 8:00 PM

Ninth Circuit Holds That Business Entities Cannot Qualify As Transportation Workers Exempt From The Federal Arbitration Act

On April 10, 2024, the Ninth Circuit held in Fli-Lo Falcon, LLC v. Amazon.com, Case No. 22-35818 (9th Cir. Apr. 10, 2024), that business entities are…

Tuesday, April 16, 2024 8:00 PM

U.S. Supreme Court Holds That Application Of The FAA’s Transportation Worker Exemption Turns Upon The Work Performed And Not The Employer’s Industry

On April 12, 2024, the U.S. Supreme Court issued its decision in Bissonnette v. LePage Bakeries Park St., LLC, Case No. 23-51 (U.S. Apr. 12, 2024)…

Tuesday, April 16, 2024 8:00 PM

DIFC Court of Appeal rules that a DIAC provisional award providing for interim relief measures is enforceable as an ‘award’

On 22 March 2024, the highest court of the Dubai International Financial Centre (‘DIFC’) rejected an appeal, ruling that a provisional award issued…

Tuesday, April 16, 2024 8:00 PM

Hong Kong | Empowering resolution: Exploring the benefits of collaborative law in modern dispute resolution

Collaborative Law was first developed in 1990 by Stuart Webb, a lawyer from Minnesota as a “settlement only” process for Family Law representation…

Tuesday, April 16, 2024 8:00 PM

CAP - An Evaluative Approach to Collaborative ADR

There are a number of collaborative Alternative Dispute Resolution (“ADR”) approaches, in which (an) independent, third-party neutral(s) assist(s)…

Monday, April 15, 2024 8:00 PM

Supreme Court Rules that the FAA's Arbitration Exemption is Not Limited to Transportation Industry

On April 12, 2024, the United States Supreme Court issued a decision that answers the question of whether the Federal Arbitration Act’s (FAA)…

Monday, April 15, 2024 8:00 PM

It’s Not All or Nothing: BC Court of Appeal Confirms Availability of Partial Stays for Issues Covered by Arbitration Clauses Amongst Non-Arbitrable Claims

What happens when a plaintiff brings an action where some of the relief sought falls within the scope of an arbitration clause, but the principal…

Monday, April 15, 2024 8:00 PM

Ninth Circuit Holds Warehouse Worker Qualifies as Transportation Worker Under FAA Exemption

Arbitration agreements with warehouse workers and others who play a “direct and necessary role” in the transportation of goods and people may fall…

Monday, April 15, 2024 8:00 PM

State (immunity) of confusion: two contrasting decisions on the doctrine of state immunity

Two recent decisions of the Commercial Court relating to set aside applications of ICSID award registrations, although surprisingly similar in fact…

Monday, April 15, 2024 8:00 PM

Hong Kong court refuses to impose order for security as condition for hearing anti-recognition application

In 2005, the claimants and the respondent executed an Original Equipment Manufacturer (OEM) Supply Agreement for the supply of machines by the…

Monday, April 15, 2024 8:00 PM

Construction arbitration: Navigating multi-tiered dispute resolution clauses

Disputes often present challenges. Disputes about the dispute itself only compound these challenges. Parties can aviod procedural disputes through…

Monday, April 15, 2024 8:00 PM

Food Delivery Drivers' Misclassification Suit May Be Exempt from Arbitration

The U.S. Supreme Court decided Bissonnette, et al. V. LePage Bakeries Park St., LLC, et al. On April 12, 2024. In a unanimous decision written by…

Monday, April 15, 2024 8:00 PM

Referencias Jurídicas | Abril 2024

La Dirección General de Seguridad Jurídica y Fe Pública ha resuelto, en Resolución de 19 de febrero de 2024, que una sociedad concursada, en fase de…

Monday, April 15, 2024 8:00 PM

Arbitration: Getting value for your money

Where a dispute resolution clause requires a party to pursue, or defend, arbitration proceedings, one of the first questions that we are often asked…

Monday, April 15, 2024 8:00 PM

Commercial Disputes Weekly - Issue 201

The Commercial Court has rejected an argument of state immunity to prevent a final charging order being made over a property owned by the state of…

Sunday, April 14, 2024 8:00 PM

Setting Aside An Arbitration Award: Contax BVI v KFH-Kuwait

In February 2024, the High Court was faced with an extraordinary case in which an Arbitration Award and the Arbitration Agreement were fabricated…

Sunday, April 14, 2024 8:00 PM

Dispensing with the Notice under section 21 of the Arbitration and Conciliation Act, 1996 for re-commencement of arbitration proceedings

Section 21 of the Arbitration and Conciliation Act, 1996 (“the Act”) pertains to commencement of arbitral proceedings and reads as follows:…

Sunday, April 14, 2024 8:00 PM

U.S. Supreme Court Clarifies When the Federal Arbitration Act’s “Transportation Exemption” Applies

On April 12, 2024, the U.S. Supreme Court addressed whether the Federal Arbitration Act’s (FAA) transportation exemption—meaning the FAA would not…

Sunday, April 14, 2024 8:00 PM

Going Astray from Soleh Boneh? An Affirmation of the Manifest Validity Test

In 中國機床銷售與技術服務有限公司 v 國晟機電設備有限公司 [2024] HKCFI 958, DHCJ Jonathan Wong (“Judge”) examined the appropriate ambit of the guidelines …

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