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Japan’s Investments in Latin America: Navigating Opportunities and Preventing Disputes
As a major supplier of agricultural commodities, lithium, and other critical minerals and Metals, Latin America—comprising more than a dozen…
Adam M. Myron, Esq., Joins JAMS in Boca Raton and Miami
Boca Raton, Fla. - JAMS, the premier provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce that Adam M. Myron…
Freezing orders: how are they enforced around the world? United Arab Emirates (ADGM and DIFC) perspective
This is the third in a series of articles which explore the enforcement of freezing orders in key jurisdictions around the world, including in…
Legal Trends to Watch in Hong Kong Dispute Resolution in 2026
As we usher in the Year of the Horse, our Bird & Bird Hong Kong disputes team looks ahead at the key developments that…
Case Brief: MSA Global LLC Oman v. Engineering Projects India Ltd.
The judgement in MSA Global LLC Oman v. Engineering Projects India Ltd. was delivered by the Hon’ble High Court of Delhi (“Court”) in FAO(OS) 88/2025…
Who Picks the Arbitrator — You or the Algorithm?
When artificial intelligence enters the process of arbitrator selection, the question it raises is often framed as technical. In reality, it is…
Chinese Courts Boost Pretrial Mediation, Resolve 4.32 Million Disputes in 2025
Chinese courts saw a consistent rise in pretrial mediation efforts in 2025, achieving an average quarterly growth rate of 28 percent and successfully…
Second Circuit Rejects Attempt to Limit Appellate Review of Judgment on Arbitral Award
May a party contractually eliminate appellate review of a judgment on an arbitral award? The Second Circuit recently addressed that question in…
Breach of Preconditions to Arbitration: A Question of Admissibility or Jurisdiction?
Multi-tiered dispute resolution clauses are a common feature of commercial contracts. They generally require parties to attempt resolving the dispute…
Arbitration in a changing global landscape: A five-year review
Introduction Is 5 years a long time? In 2020, the world was grappling with the COVID-19 pandemic - an unprecedented global crisis which seemed set to…
Common Law ABC Is On The ADR Spectrum, But Most ABC Statutes Are Not
Assignment for benefit of creditors (“ABC”) under the common law is to bankruptcies and receiverships, what arbitration is to state and federal court…
Delaware Supreme Court Guidance on ADR Provisions to Resolve Earnout Disputes—Stillfront
In Fortis Advisors v. Stillfront (Feb. 13, 2026), the Delaware Supreme Court held that an alternative dispute resolution (ADR) provision in a merger…
Scrutiny from regulators outside Japan: Challenges for Japanese companies - Episode 4B: In-house legal teams - structure and resourcing - composition
In-house legal departments at Japanese companies are often not staffed by qualified lawyers. This can make it difficult for in-house Legal to…
Energy: ICSID Convention awards are not assignable in England
In OperaFund Eco-Invest SICAV plc and another v Spain [2025] EWHC 2874 (Comm), the Commercial Court decided that an International Centre for…
Commercial Disputes Weekly - Issue 274
The Commercial Court has confirmed that it does not have jurisdiction to grant a stay of arbitration proceedings under the general case management…
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…
Why Most Loss of Profit Claims Fail in Indian Arbitration?
Loss of profit claims are among the most frequently pleaded heads of damages in Indian construction arbitration, and among the most consistently…
Court of Appeal for Ontario affirms stay against non-party to arbitration
In Sociedad Concesionaria Metropolitana de Salud S.A. V. Webuild S.p.A., 2026 ONCA 28, the Court of Appeal affirmed a stay of Ontario enforcement…
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…
Milano Cortina 2026 Winter Olympics: summary of Court of Arbitration for Sport decisions
During the Milano Cortina 2026 Winter Olympic Games the Court of Arbitration for Sport (CAS) Ad Hoc Division operated to resolve, on an expedited…
Navigating Canada’s Evolving Relationships with India and China: key contractual and dispute resolution considerations
As Canada renews economic discussions with India and China, two countries with which relations have been strained in recent years…
The 20x Penalty Risk: The BIMCO FuelEU Blind Spot (Revised)
Following the initial publication of this article, a deeper review of the interaction between the penalty multipliers and the specific wording of…
AI in arbitration: rules, tools, and risks
Artificial intelligence is shifting from talking point to implementation in arbitration, with institutions publishing AI guidelines, providers…
Germany’s ongoing arbitration reform: what manufacturers should know about the latest proposals
In January 2026, the Federal Ministry of Justice and Consumer Protection published a new ministerial draft bill (Referentenentwurf) aimed at…
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…
New Court of Appeal Decision on the Finality of Arbitration Awards
On 20 February 2026, the Court of Appeal handed down its judgment in Gluck v Endzweig and Anor [2026] EWCA Civ 145. The parties had made an…
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…