Need to Research Arbitration Rules outside of the United States?
Visit the Arbitration Law Navigator to begin your research
HK court clarified and confirmed that orders for interim measures cannot be challenged using the grounds for setting aside final awards
In G v N [2024] HKCFI 721 (judgment date: 11 March 2024), a Hong Kong court dismissed an application to set aside the enforcement of an interim order…
Walsh Construction v. Toronto Transit Commission: Guidance and Questions on Complex Delay and Disruption Claims, Expert Witnesses, and Flow-Through Claims
Large construction disputes are regularly resolved privately through contractually-mandated or subsequently-agreed upon processes, including…
The Uphill Battle of Challenging a Compromise Decree
Judicial pendency has been a roadblock in India’s quest to becoming a leading global economy. Although attributable to numerous factors, addressing…
Japan: International Arbitration Update No. 19
The Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters 2019 ("Convention") entered into force on…
Dispute Resolution Enhanced
This article examines contemporary applications for generative artificial intelligence within the domain of arbitration and medi- ation and explores…
Top 10 Issues in Arbitration Clauses in Singapore and Hong Kong
In this article, the authors consider the top 10 issues regarding arbitration clauses that arise nowadays, and the extent to which the courts of…
Exemptions to a tribunal’s authority to determine its own jurisdiction and the scope of arbitration clauses
In the recent case of Orica Canada Inc. v ARVOS GmbH [Orica], the Alberta Court of King’s Bench Considered two issues which frequently arise in…
Top legal issues to think about in China-related licensing transactions
This is an article in our “Life Sciences Transactional Insights” series, which aims to provide key practical takeaways for our transactional…
Vanuatu Joins the Permanent Court of Arbitration
In a move towards strengthening its commitment to international law and facilitating justice and the friendly settlement of international disputes…
Honest Abe and ADR
Abraham Lincoln’s 25-year legal career dwarfed his four years as president. Many of the talents he exhibited as president—his strong sense of moral…
Draft bill on the modernization of the German arbitration law of the Federal Government of Germany
Today the Federal Government of Germany has presented a draft bill on the modernization of the German arbitration law [BMJ - Aktuelle…
The Hong Kong Court Dismisses Challenge to Remove Arbitrators on Ground of Apparent Bias
In P v D [2024] HKCFI 1123 (judgment date: 30 April 2024), the Hong Kong Court of First Instance dismissed an application, pursuant to section 26 of…
Winding-up versus arbitration agreements: A victory for petitioning creditors
Winding up companies where the underlying debt is subject to an arbitration agreement or the exclusive jurisdiction of a court outside England and…
FSA-Schiedsstelle: Strengere Anforderungen bei der Unterstützung von Fortbildungsveranstaltungen durch Mitgliedsunternehmen
Eine Entscheidung der Schiedsstelle des Vereins Freiwillige Selbstkontrolle für die Arzneimittelindustrie e.V. (FSA) vom 13. März 2023 (Az.: 2022…
The Supreme Court of Canada declines to hear appeals from decisions upholding arbitration agreements and embedded class action waivers
On May 16, 2024, the Supreme Court of Canada (SCC) dismissed a number of applications for leave to appeal, including in Petty v. Niantic Inc., 2023…
Equal representation of expert witnesses survey: the challenges facing female experts persist
The Equal Representation for Expert Witnesses (ERE) Pledge was launched two years ago. Following in the footsteps of the Equal Representation in…
How Green is Your Arbitration?
Arbitration, like any dispute resolution process, has an environmental impact. In recent years this impact has come under scrutiny and the arbitral…
Manchester City versus the Premier League: arbitration proceedings kick-off
In recent weeks, Manchester City has initiated a legal challenge against the Premier League's Associated Party Transaction (APT) rules, with…
Preserving fairness in arbitration: The challenge of reviewing procedural decisions for apparent bias
A Hong Kong court has reiterated that an Arbitral Tribunal enjoys a wide discretion as to the procedure it adopts, and repeatedly deciding matters…
FSA Arbitration Board: Stricter requirements for the support of training events by member companies
A decision by the Arbitration Board of the German Association for Voluntary Self-Regulation of the Pharmaceutical Industry (FSA) dated 13 March 2023…
Contester les ordonnances annulant les brefs d’exécution des décisions des arbitres - La nécessité de s’adresser à la Cour divisionnaire
Les dispositions relativement nouvelles de la Partie II.1 de la Loi sur la construction offrent un processus efficace de Règlement des différends…
Six JAMS Neutrals and Diversity Fellow Recognized in Spring 2024 Mondaq Thought Leadership Awards
JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce that six…
Advice to mediate - the statutory duty of solicitors in Ireland
The case of Jacqueline Byrne, Patricia Hyslop, Kathleen Kerrigan and Anne Grant Arnold is a reminder to solicitors of the statutory duty to inform…
Legal update: Privy Council’s decision Sian Participation Corp v. Halimeda International Ltd - Are we back to square one?
The update arises because of the widely reported Privy Council Decision in Re Sian Participation Corp[1] that the English Court of Appeal’s decision…
Construction arbitration: Evidence
Absent agreement, the Arbitral Tribunal has discretion to manage the proceeding and evidentiary matters as it considers appropriate [1]. This is…
Sian v Halimeda: What is the Future for AnAn?
In 2014, the English Court of Appeal in Salford Estates (No 2) Ltd v Altomart Ltd (No 2) [2015] Ch 589 ("Salford Estates ") held that a winding up…
Second Circuit Holds that Plan Arbitration Provisions that Force Plaintiff to Surrender Statutory Right To Plan-Wide Relief Are Unenforceable
Seyfarth Synopsis: The Second Circuit recently ruled that an ERISA plan's arbitration provision was not enforceable because the provision barred…
HK court considered the proper scope of the court’s intervention against an arbitral tribunal’s ruling regarding public policy
In G v N [2023] HKCFI 3366 (judgment date: 29 December 2023), a Hong Kong court considered the question of whether and to what extent it is open for…
Equatorial Guinea becomes the 166th signatory of the ICSID Convention
An ICSID press release confirmed on 13 June 2024 that the central African state joins the list of African states who have signed the Convention on…
Privacy series part one: Everything but the kitchen sink - the consequences of failure to give full and frank disclosure
Our series focused on privacy and transparency considers issues encountered by practitioners across a range of different dispute resolution…