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Monthly newsletter - July 2026
The dispute in the present case has its roots in a family partnership firm, M/s Boloma Tea Company, constituted in 1948, in which the Appellant held…
Arbitration digest summer 2026: staying ahead in a rapidly changing legal landscape
The global arbitration landscape is undergoing profound transformation, driven by two competing forces: the legislative push toward digitalisation…
First receiver appointment by the High Court under s 61 of the Farm Debt Mediation Act 2019
The High Court's decision in McNamara Farms Ltd v Lopez and Vermaak [2026] NZHC 1447 is the first case in which the Court has exercised its powers…
India: Supreme Court aligns mediation rules with IP enforcement realities
This article explores the significance of mediation proceedings between parties in India, in alignment with the need for urgent interim…
Arbitrating Internal Affairs Disputes: Two New Chancery Opinions Chart the Path Under DGCL § 122(18)
Two recent Delaware Court of Chancery opinions—Mayya v. Lee (C.A. No. 2023-0382-NAC, July 27, 2026) and The Special Committee of Iridium Industries…
Modernising DIFC Arbitration: Key Changes Under the Proposed 2026 Reforms
The DIFC Arbitration Law (DIFC Law No. 1 of 2008) has provided the legislative framework for DIFC-seated arbitrations for the past 18 years. When…
Tactics before and at multi-party mediations
Mediation is the most popular form of Alternative Dispute Resolution (ADR) in multi-party claims. This is because it presents a clear opportunity for…
You’ve Got Email: The Ninth Circuit Affirms Denial Of Motion To Compel Arbitration Where Four Email Messages Containing Arbitration Agreement Sent To Employee Went Unopened
Duane Morris Takeaways: On August 5, 2026, a panel of the U.S. Court of Appeals for the Ninth Circuit affirmed a decision denying a motion to compel…
Out of Court, into consensus: the judiciary's mediation mindset
The recent decision of Mr Justice Twomey in J Burke and Associates Limited -v- Patrick O'Connell[1] (the "Burke Judgment") held that the Court has…
Ninth Circuit Again Invalidates Representative-Action Waiver in ERISA Plan Arbitration Provision
On July 30, 2026, the Ninth Circuit held in Pover v. The Capital Group Companies, Inc. that a representative-action waiver in an ERISA-governed…
Hong Kong court rejects bias challenge over arbitrator’s rigorous expert testing
Allegations of bias remain difficult to establish; experienced adjudicators and arbitrators are accustomed to rigorous cross-examination and unlikely…
Litigation Strategy 2026
This webinar was the seventh session in Khaitan & Co’s In-House Counsel Forum series and focused on equipping General Counsel (GCs) and in-house…
The Arbitration Afterlife: Claims Beyond CIRP
Arbitration and insolvency are two systems of adjudication that, at a conceptual level, pull in opposing directions. Arbitration is a creature of…
Ninth Circuit Again Applies Effective Vindication Doctrine In Finding ERISA Plan Arbitration Clause Unenforceable
On July 30, 2026, the U.S. Court of Appeals for the Ninth Circuit once again applied the judicially created “effective vindication doctrine” and held…
Supreme Court Clarifies Interstate Commerce Requirement for FAA’s Arbitration Exemption: Considerations for Employers
On May 28, 2026, in Flowers Foods, Inc. v. Brock, the U.S. Supreme Court issued its fourth ruling in recent years interpreting the scope of the…
Shardul Amarchand Mangaldas & Co Strengthens its International Arbitration Practice with the Appointment of Shaneen Parikh as Partner in Mumbai
August 07, 2026| Mumbai: Shardul Amarchand Mangaldas & Co (SAM) has appointed Shaneen Parikh as a Partner in its Dispute Resolution practice…
The EU’s 21st sanctions package: an expanded arbitration toolkit to protect EU persons against retaliatory Russian litigation
The EU’s 21st sanctions package now provides EU persons with broader tools to seek to resist retaliatory Russian sanctions-related proceedings…
Colombia Elects Abelardo De La Espriella: What Comes Next for its Economy?
Colombia has elected Abelardo De La Espriella as President, marking a pronounced shift to the right following the administration of Gustavo Petro. De…
2026 年 6 月 ICC 仲裁規則改正
国際商業会議所（ICC）は、2026 年版仲裁規則（以下「本改正規則」といいます。）を公表し、本改正規則は 2026 年 6 月 1日付けで施行されました…
Songa Product and Chemical Tankers IV AS v Gardsea Shipping Inc [2026] EWHC 1559 (Comm): Meaning of Banking Days - High Court clarifies payment deadlines under Saleform 2012
In Songa Product and Chemical Tankers IV AS v Gardsea Shipping Inc [2026] EWHC 1559 (Comm) (“Songa”), the Commercial Court provided important…
The buyback options of foreign investors - the point of no return?
Amendments to Federal Law No. 160-FZ dated 9 July 1999 "On Foreign Investments in the Russian Federation" (hereinafter the "Foreign Investment Law")…
Inside ICC Arbitration: Claudia Salomon on Record Caseloads, Gender Diversity Gains and the New 2026 Rules
The ICC International Court of Arbitration registered its record-breaking 30,000th case in 2025, and the ICC’s new 2026 rules eliminate mandatory…
Debarment Not Amenable to Interim Relief Under Section 9 of the Arbitration Act: Delhi High Court
The Hon’ble Delhi High Court, in NCC Limited v. Airports Authority of India (O.M.P. (I) (COMM.) 140 of 2026), decided on July 1, 2026, held that an…
Australia Court Confirms Proceedings May Be Split Between Court and Arbitration
A recent decision of the New South Wales Court of Appeal1 addressed the operation of section 7 of the International Arbitration Act 1974 (Cth) in…
Exceljade Sdn Bhd v Bauer (M) Sdn Bhd [2013] MLJU 1202
The Applicant was the developer of a construction project known as Setia Sky Residences in Kuala Lumpur, while the Respondent was appointed as the…
The Hidden Cost of Waiting Too Long to Mediate Construction Claims
Early resolution is key to managing complex construction disputes, and mediation provides an efficient, cost-effective way to achieve that objective…
Randy Hafer, Esq., Joins JAMS in Atlanta
Atlanta - JAMS, the premier provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce that Randy Hafer, Esq., has…
Опционы иностранных инвесторов на обратный выкуп - нет пути назад?
Приняты изменения в Федеральный закон от 09 июля 1999 года № 160-ФЗ "Об иностранных инвестициях в…
NHAI Cannot Arbitrarily Terminate EPC Contract Despite Arbitration Clause: Allahabad High Court
The Allahabad High Court, in Tata Projects Limited v. Union of India & Ors. (Writ-C No. 4559 of 2025), decided on July 8, 2026, held that the…
HKA Managing Director Tyler Smith Khoury contributes to ICCA Report No. 8
We are pleased to recognize Tyler Smith Khoury, Managing Director at HKA, for her contributions as a member of the ICCA International Council for…