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Interplay Between the Choice of Legal Remedy and the Timing of Its Invocation
The two recent judgments of the Hon’ble Supreme Court of India illustrate how parties may fatally compromise otherwise valid claims by either…
5th Circuit Panel Rules for Aramark in Finding Arbitration Clause Subject to Court Review in ERISA Case Against Aetna
A split three-judge panel of the U.S. Court of Appeals for the Fifth Circuit ruled that a federal district court should decide whether Aramark can…
The 20x Penalty Risk: The BIMCO FuelEU Blind Spot
This article examines the critical commercial blind spots in the newly adopted BIMCO FuelEU Maritime Clause for Time Charter Parties 2024. While…
Hon. Thomas J. Kelley (Ret.) Joins JAMS in Chicago
Chicago - JAMS, the premier provider of alternative dispute resolution (ADR) services, is pleased to announce that Hon. Thomas J. Kelley (Ret.) has…
Ninth Circuit Warns California Employers Implementing Arbitration Agreements Mid-Litigation
On Jan. 28, 2026, the Ninth Circuit Court of Appeals in Avery v. TEKsystems, Inc. affirmed a district court order refusing to enforce an arbitration…
Advance waiver of the right to appeal an arbitral award in Guatemala
One of the most significant concerns in arbitration in Guatemala has been the risk that, when hearing an appeal against an arbitral award—that is…
Court declines to intervene in arbitral proceedings prior to an award
The Court has made clear that it cannot or should not interfere with a Tribunal’s procedural decisions prior to an award being made. Such an…
When Clauses Collide: Court of Appeal Backs MRC Over New York Arbitration
A recent Court of Appeal decision, Tyson International Company Ltd v GIC Re, India, Corporate Member Ltd [2026] EWCA Civ 40, provides valuable…
New dawn or damp squib? Mediation and arbitration at the UPC
The Patent Mediation and Arbitration Centre (PMAC) is an integral part of the Unified Patent Court (UPC). However, while the Court started operating…
Victoria A. Roberts Honored With the 2026 Wade H. McCree, Jr. Award for the Advancement of Social Justice
Irvine, Calif. - JAMS, the premier provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce that Victoria A…
La renuncia anticipada al recurso de revisión del laudo arbitral en Guatemala
Una de las preocupaciones más relevantes del arbitraje en Guatemala ha sido el riesgo de que, al conocer el recurso de revisión del laudo arbitral…
Singapore as a global hub for international dispute resolution
As cross-border commerce becomes more complex, disputes increasingly cut across multiple jurisdictions, governing laws and enforcement regimes…
Determining the governing law of arbitration in the UK, the DIFC and India: a comparative analysis
Identifying the law that governs an arbitration agreement is not a mere technical nicety. It determines the validity, scope and interpretation of the…
California Supreme Court Warns That Confidentiality Agreements May Undermine Arbitration Agreements
In Fuentes v. Empire Nissan, Inc., --- P.3d --- (Cal. Feb. 2, 2026), the California Supreme Court issued an important decision for employers who seek…
Mass Arbitration Series, Part 3: The AAA’s Procedures
The Arbitration Acumen Podcast concludes its series on mass arbitration with a discussion with Adam Shoneck, Vice President for business development…
The BIMCO CII Clause: A Trap for the Unwary Time Charterer
The BIMCO CII Clause was meant to be the industry’s roadmap for carbon‑efficiency compliance. Instead, it has become a flashpoint — giving owners…
Arbitration on the rise: a faster alternative to Family Court
A recent article by the Financial Times reports a significant rise in separating couples choosing to arbitrate and explains that the number of…
Fair value on trial: Why the new 2025 IPEV guidelines could mean more valuation disputes
Valuation disputes rarely start in arbitration—they start at deal stage. As use of the 2025 IPEV Valuation Guidelines grows in contentious settings…
Singapore Aligns With England and Hong Kong on Preconditions to Arbitration
Singapore Court rules that noncompliance with preconditions to arbitration goes to the admissibility of the claims and not the tribunal's…
ADR Explored
In our recent article, we looked at the growing importance of Alternative Dispute Resolution (“ADR”), and the measures the Court will take to ensure…
From ice rinks to arbitration rooms: How the Court of Arbitration for Sport (CAS) handles Winter Olympic disputes
Every four years, the Winter Olympics highlight peak athletic performance, where split seconds decide medal winners. Behind this, the Court of…
case in point February, 2026
A. Power of Indian civil courts to grant anti-arbitration injunction in foreign-seated arbitration proceedings: The Delhi High Court held that Indian…
English Commercial Court upholds rare successful section 67 jurisdiction challenge to award
The case turned on whether a US law firm ("C") entered into a contract with a third-party service provider ("P") as principal only or as agent for…
The Constitutional Court of Montenegro intervenes in a dispute over arbitrability of a claim under an agreement for lease of immovable located in Montenegro
On 9 February 2026, the Constitutional Court of Montenegro announced that it set aside a 2025 decision of the Supreme Court of Montenegro. The…
Hon. Robyn A. Millenacker, Retired Judge, Ransey County District Court Joins JAMS in Minneapolis
Minneapolis - JAMS, the premier provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce that Robyn A. Millenacker…
Case Brief: Ankhim Holdings Pvt. Ltd. & Anr. v. Zaveri Construction Pvt.
The judgment in Ankhim Holdings Pvt. Ltd. & Anr. V. Zaveri Construction Pvt. Ltd. was delivered by the Hon’ble Supreme Court of India in…
Paris Court of Appeal confirms exequatur of ICC award while staying enforcement to protect a party’s rights
In a significant decision for international arbitration in France, the Paris Court of Appeal confirmed the exequatur of an ICC award in favour of…
Hon. Daniel Weinstein (Ret.) Honored With the James F. Henry Award by the Institute for Conflict Prevention & Resolution
Sacramento, Calif. - JAMS, the premier provider of alternative dispute resolution (ADR) services, is pleased to announce that Hon. Daniel Weinstein…
Reaffirming the sanctity of party autonomy: Balaji Steel Trade v Fludor Benin SA & Ors.
The Supreme Court of India reaffirmed the principle of party autonomy in arbitration by rejecting an application to appoint an arbitrator under…
Commercial Disputes Weekly - Issue 273
"The fact that the exercise of construction is presently required to be undertaken in the context of an adjudication enforcement is not of relevance…