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ECT Modernisation Perspectives: An Update
From 20-26 July last year, this Blog ran a series on the Energy Charter Treaty (ECT) modernisation process. The Energy Charter Conference (the
Alternative dispute resolution in English litigation - a step closer to a mandatory regime?
The Civil Justice Council has recently published its report on compulsory alternative dispute resolution (the ADR Report) concluding that mandatory
BREAKING: Further detail on new Covid-19 rent arrears arbitration scheme
In its press release on 16 June 2021, the Government extended the Covid-19 moratorium on forfeiture of leases for arrears until 25 March 2022. At the
Whether a pre-arbitration procedural requirement is fulfilled is a question for the arbitral tribunal, not the courts
It is not uncommon to have a multi-tiered dispute resolution clause in construction and commercial contracts, setting out the agreed mechanism in the
Red flags and red cards: Challenging an on-field decision
Sporting events need officials to umpirereferee the competition. Inevitably, not everyone will agree with all decisions made by these officials
STA -v- OFY 2021 EWHC 1574 (Comm)
In the case of STA -v- OFY, the court considered the relevant factors applicable to granting an extension of time to challenge an arbitration award
Mediation: Introduction
Mediation is the most popular of a range of dispute resolution methods covered by the acronym ‘ADR’: alternative dispute resolution. The terminology
Relaxation of Limitations for Foreign Arbitrators or Representatives in Thai Arbitral Proceedings
In an effort to promote Thailand as an arbitration-friendly venue and a regional hub for international arbitral proceedings, the limitations imposed
Hot topics in construction arbitration
The past year has been a turbulent time for the global construction industry, with many construction projects around the world having been affected
Trust, Wills and Probate Mediation - Four Key Considerations
Over the last 30 years, CEDR has worked with many families to resolve disputes concerning the division of assets following the death of a loved one
How does the UAE’s new Mediation Law affect you?
Mediation is a voluntary process that parties can agree to settle their dispute away from the constraints of Court or Arbitration. It allows parties
When Does a Party’s Conduct Impact its Ability to Enforce an Arbitration Agreement and Stay a Court Proceeding?
In CSI Toronto Car Systems Installation Ltd. v. Pittasoft Co., Ltd., 2021 ONSC 5117 (“Pittasoft”), Justice Sharma of the Ontario Superior Court of
Is the latest government call for evidence the precursor to compulsory Alternative Dispute Resolution?
Earlier this month the Master of the Rolls, Sir Geoffrey Vos, gave his views on the Civil Justice Council’s report on compulsory alternative dispute
Commercial disputes weekly - issue 84
The TCC has provided rare guidance on whether collateral warranties given on construction projects are “construction contracts” for the purposes of
Second Circuit Affirms Judge Schofield’s Denial of Motion to Compel Arbitration for Trump-Related Multi-Level Marketing Scheme Claims
Last week, the Second Circuit affirmed Judge Schofield’s decision last year to to deny the motion by Donald Trump, the Trump Corporation, and other
Should alternative dispute resolution be compulsory?
In a report released on 12 July 2021, the Civil Justice Council ("CJC") concluded that "mandatory (alternative) dispute resolution is lawful and
The Privy Council’s Landmark Decision Interpreting “Serious Irregularity” under Section 90 of The Bahamas Arbitration Act 2009.
In RAV Bahamas Ltd and Another v. Therapy Beach Club Incorporated1, the Judicial Committee of the Privy Council2 was saddled with the issue of
Enforcing Non-Pecuniary Obligations in an ICSID Award
First Tuesday Update is our monthly take on current issues in judgment enforcement. This month we discuss enforcing non-pecuniary obligations in an
Quarterly Update Arbitration & Litigation 022021
Christoph Pies co-leads our Dusseldorf litigation team, representing international and domestic clients in complex commercial, liability and corporate
The Still (Somewhat) Muddied Waters of Court-Ordered Interim Measures in Support of Commercial Arbitration in Ukraine
In recent years, arbitration has been gaining traction in Ukraine as a fast and efficient method for dispute resolution. It was against this
Draft guidelines on arbitration of intra-corporate disputes
When Republic Act No. 11232 or the Revised Corporation Code of the Philippines (the “RCC”) became effective on 23 February 2019, among the
Mandatory ADR proposals - a good thing for technology contracting?
An interesting recent development from the UK's Civil Justice Council, who have published a report on compulsory alternative dispute resolution
VIRGINA IS FOR LOVERS (of DNC Claims): New Case Confirms $5,000.00 Per Call State Private Right of Action Against Marketers
Virginia has a statute on the books that awards up to $5,000.00 per call if the State’s DNC rules are violated. And this includes circumstances where
No waiver of arbitration right and arbitrability determination for arbitrator
Many courts have noted the liberal policy in favor of arbitration over litigation. However, even where both parties concede that there is a valid
Is compulsory Alternative Dispute Resolution (ADR) on the way?
Compulsory ADR is a controversial idea for many, including some lawyers and their clients. Clients may want to have their ‘day in Court’ and some
Advocate General Szpunar in Micula: Achmea Irrelevant, but Commission Competent to Assess Award under EU State Aid Law
According to Advocate General Maciej Szpunar, the Micula case is symbolic of the ‘conflictual relationship’ between EU law and international
Ecuador’s Constitutional Court Rules in Favor of Ratification of the ICSID Convention
On 15 January 1986, Ecuador signed the Convention on the Settlement of Investment Disputes between States and Nationals of other States (“ICSID
Five Years On: The Development of Arbitration Laws and Institutions in Myanmar
Introduction It has been five years since Myanmar enacted its Arbitration Law 2016 to begin its journey of modernising its legal framework to promote
International Arbitration
International arbitration cases can cover multiple jurisdictions and legal systems, so you need a funder that is truly international, can assess the