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The impact of burden of proof findings on future adjudications
The Court of Appeal has last week granted permission for the appeal of a TCC decision in relation to burden of proof findings made by an adjudicator
Serial Disputes: the same or substantially the same?
In the case of Hitachi Zosen Inova AG v John Sisk & Son Ltd 2019 the Technology & Construction Court held that, even though an earlier adjudication
Class Action Waivers in Employment Agreements Continue to be a Targeted
Democratic leaders are at it again, pushing a bill that would topple the United States Supreme Court 2018 decision in Epic Systems v. Lewis. In effect
Turkey - Disputes in the telecom sector
As a result of the technological boom in the last three decades, the perception and definition of telecommunications have changed, and the telecom
Calif. Privacy Law Will Likely Prompt Flood Of Class Actions
The California Consumer Privacy Act, known as the CCPA, is a new law set to go into effect on Jan. 1, 2020. The CCPA is the first U.S. law that will
French court rules that mandatory expert determination provisions do not render arbitration clauses inapplicable
The Arbitral Tribunal's power to determine its jurisdiction (known as 'compétence-compétence') is a fundamental principle of French arbitration law
Franchising in Myanmar
The relaxation of foreign investment restrictions and a growing, aspiring middle class have encouraged new players to enter Myanmar’s franchising
Busy lenders' round-up - May 2019
It now appears unlikely the FCA will call for the introduction of a statutory 'duty of care' to be placed on financial services firms to act in their
Establishing Jurisdiction Over Federal Court Motions to Confirm, Vacate or Modify Domestic Arbitral Awards
As discussed in earlier posts, the Federal Arbitration Act (“FAA”), 9 U.S.C. 1, et seq., does not provide an independent basis for federal subject
Mainland China and Hong Kong agree mutual interim measures to aid arbitral proceedings
Mainland China and Hong Kong recently signed the Arrangement Concerning Mutual Assistance in Court-Ordered Interim Measures in Aid of Arbitral
Hong Kong Court considers test to be applied when appealing arbitral award on a question of law
In Chun Wo Construction & Engineering Co Ltd & Others v The Hong Kong Housing Authority 2019 HKCA 369 the Court of Appeal had to consider which
Court of Appeal refuses further stay of enforcement of arbitral award
In our previous article, we reported on the judgment in Baosteel Engineering & Technology Group Co. Ltd. v. China Zenith Chemical Group Ltd, HCCT
When does the time limit for applying for leave to appeal an arbitral award start to run?
Often, parties wish to appeal to the Court if they are dissatisfied with an arbitral award. Sections 5 to 7 of Schedule 2 of the Arbitration
Solar Wars IX: The Saga Continues
Previous Solar Wars articles reported on the numerous claims for breach of the Energy Charter Treaty (ECT) by EU investors against EU states such as
Working With The Federal Government: Problems And Opportunities
<p><strong>Date: June 6, 2019</strong></p> <p><strong>Location: Barnes & Thornburg<br /> 2121 N. Pearl St.<br /> First Floor Conference Center<br /> Dallas, Texas 75201</strong></p> <p><strong>Time: 7:30 a.m. </strong></p> <p><strong>Speakers: <a href="https://www.btlaw.com/en/people/john-willding" target="_blank">John Willding</a> - Partner, General Counsel Services Chair</strong></p> <p><strong>Our program will feature lobbyists, government contracting specialists and litigators who regularly work with the federal government to provide their insights.</strong></p> <p>This program is provided courtesy of the attorneys of Barnes & Thornburg LLP to its clients and friends. There is no charge to attend.</p> <p>Complimentary Parking</p> <p>Dress Code: Business Attire</p> <p><em>Questions? Contact Brittny Sorrells at <a href="mailto:brittny.sorrells@btlaw.com">brittny.sorrells@btlaw.com</a> or 214-258-4129.</em></p> <p> </p>
Dispute Resolution in Cyprus
A structured guide to dispute resolution in Cyprus
New Jersey agreements with employees: new law leaves nowhere to hide
Senate Bill 121 has amended New Jersey's longstanding Law Against Discrimination to prohibit any contractual provision that conceals "the details
国际商事仲裁视野下法院对仲裁条款效力审查标准 ---实质性审查与形式性审查之争
在国际商事仲裁实践中围绕仲裁庭的管辖权问题仲裁条款的效力往往成为“兵家必争之地”针对该问题目前国际上普遍承认“仲裁庭自裁管辖权原则the principle of Kompetenz-Kompetenz”该原
Running With Scissors: Avoiding Mishaps When Drafting Agreements at the End of Mediation
An agreement reached at the conclusion of a mediation session typically represents an abbreviated version of a formal settlement agreement
Does Massachusetts Non-Compete Law Restrict Access to Federal Court or Arbitration?
The Massachusetts Noncompetition Agreement Act (Non-Compete Act) has yet to be tested, but its venue provision likely will come under special
Do you know what you agreed to?
On 14 May 2019, the English Commercial Court once again reminded commercial parties that they will be held to their contract. In Boskalis Offshore
Arbitration Trends: The LCIA 2018 Casework Report
The London Court of International Arbitration (LCIA) has just published its 2018 Casework Report. As ever, the statistics deriving
The Supreme Court Announces a Presumption Against Class Arbitration
The Supreme Court of the United States announced a landmark ruling about arbitration clauses on April 24, 2019. In Lamps Plus, Inc. v. Varela the
Quadrant on Shipping
The Four Island was a s.67 jurisdiction challenge (the arbitrators having held they had jurisdiction) which raised issued both as to (1) the scope of
JOAs: you win some, you lose some
The body of case law dealing with Joint Operating Agreements (JOAs) is comparatively limited. In the last two years, there have been two JOA cases of
The margin of error: Interpreting GP records in the Workers Compensation Commission
Is an Arbitrator in the Workers Compensation Commission entitled to discredit the GP's contemporaneous records in determining that a frank injury was
US Employment Litigation Round-Up for April 2019
On April 24, 2019, the U.S. Supreme Court issued a decision in Lamps Plus, Inc. v. Varela, holding that an arbitration agreement that is ambiguous as
To disclose or not to disclose: Frankfurt court ruling sets precedent for arbitrator challenges based on bias
On 24 January 2019, the Higher Regional Court of Frankfurt am Main (OLG Frankfurt) passed a decision dealing with the scope of an arbitrators' duty to
Struggle for Control of Venezuelan Assets
While the ongoing struggle for control over the Venezuelan state between embattled President Nicolas Maduro and National Assembly leader and interim
Supreme Court: Express Consent Required for Class Arbitration
On April 24, 2019, the U.S. Supreme Court ruled that an ambiguous arbitration agreement does not provide a sufficient basis to conclude that parties