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Insurance Policy Arbitration Clauses: Considering the “Conformity to Statute” Wildcard and a Treaty in the Federal Preemption vs. State Reverse Preemption Battle
The United States Constitution, a U.S. treaty, two federal statutes, a state statute, and a commercial contract walk into a bar. The federal statutes
English High Court sets aside award for failure to properly cross-examine a witness on a core issue and basing its decision on matters not properly argued by the parties
In P v D 2019 EWHC 1277 (Comm), the English High Court set aside an arbitral award on the basis that the tribunal had reached a finding of fact on a
Alternative dispute resolution in insolvency and restructuring proceedings
Singapore is positioning itself as a hub for insolvency and restructuring. Imminent changes to Singapore's mediation landscape suggest that mediation
Federal Court In Alabama Finds U.K. Arbitration Clause In Disability Insurance Policy Enforceable
A federal district court in Alabama granted an insurer’s motion to compel arbitration based on a policy
Dutch implementation of the EU Directive on Tax Dispute Resolution
On 9 July 2019, the Senate approved the bill on tax arbitration which implements the EU Directive on tax dispute resolution mechanisms in the
Who should win in case of conflict between an express arbitral agreement and incorporated Arbitration Rules ?
In BXS v. BXT the parties to a sale and purchase agreement provided under Clause 19 for three arbitrators and incorporated the
Pre-Answer Security and Preclusion Based on Arbitral Decision Who Decides?
In reinsurance disputes where one party is insolvent or has financial difficulties, the other side often demands security. Where a non-domiciliary is
New York State Legislature Expands State Human Rights Law
On June 19, 2019, the New York State Legislature passed a sweeping expansion of the New York State Human Rights Law (NYSHRL). The bill was supported
The New York State Senate Votes to Expand Employment Harassment and Discrimination Laws
On June 19, 2019, the New York State Senate passed Bill S6577 ("Senate Bill 6577"). It expands employment harassment and discrimination laws and will
Sweeping Changes Proposed to the Enforcement of Intellectual Property Rights in Singapore
Following public consultations in late 2018, the Intellectual Property (Dispute Resolution) Bill was tabled in Parliament this week. The Bill seeks
How the Penny Drops- An Examination of the Bombay High Court’s New Rules on Arbitral Tribunal Fees
The provisions for appointment of an arbitrator, under Section 11 of the Arbitration and Conciliation Act, 1996 (Act), underwent a sea change with the
NY Ban On Mandatory Arbitration Of Sexual Harassment Claims Overturned
In June, a federal district court in New York ruled that the Federal Arbitration Act (FAA) preempts a recent state law prohibiting mandatory
U.S.: District court denies motion to dismiss petition to enforce non-party arbitration summonses and enforces the summonses.
Washington National Insurance Company (“Petitioner”) claims it was fraudulently induced to enter a reinsurance agreement with Beechwood Re
Judicial Control on Standardized Contract Terms and its Potential Effect on Arbitration Clauses
In June 2019, at a conference jointly hosted by Istanbul Arbitration Centre ("ISTAC") and the Banks Association of Turkey, the representatives of a
Second Circuit Compels Individual Arbitration of Putative Class FLSA and State Labor Law Claims
On July 2, 2019, a three-judge panel of the Second Circuit reversed the lower court’s denial of a motion to compel individual arbitration of a
The Limits of Latif: Enforcing Mandatory Arbitration Clauses as to Harassment and Discrimination Claims Litigated in New York State Court
On June 19, 2019, the New York State Senate and Assembly passed legislation that would, if signed into law, broaden the scope of last year's ban on
建设工程司法鉴定启动程序要点与实现路径分析
司法鉴定是建设工程案件中的关键证据对于查明案件事实保证案件裁判的公正性客观性至关重要但实务中
Arbitration awards in United Arab Emirates
A structured guide to arbitral awards in United Arab Emirates
Arbitral proceedings in United Arab Emirates
A structured guide to arbitral proceedings in United Arab Emirates
Arbitration agreements in United Arab Emirates
A structured guide to arbitration agreements in United Arab Emirates
Arbitration in the United Arab Emirates
A structured guide to arbitration in the United Arab Emirates
Instrubel Goes to the Supreme Court: What This May Mean for International Arbitration in Canada
The recent pronouncement by the Court of Appeal of Québec in Instrubel, n.v. V Republic of Iraq takes yet another step forward in judicial
New Hague Convention Seeks to Facilitate Global Enforcement of Judgments
On July 2, 2019, the delegates of the 22nd Diplomatic Session of The Hague Conference on Private International Law (“HCCH”) finalized and adopted a
Arbitrating Corporate Disputes in Russia: the conditions and what they mean for arbitration clauses
In September 2016, new Russian arbitration legislation came into force addressing the arbitrability of corporate disputes in relation to Russian
Expedited Arbitration Upheld on New York Prompt Pay Law
The New York prompt pay act (PPA) calls for expedited arbitration. A federal court has confirmed that the parties must proceed to arbitration under
El Salvador: Elementos de cláusulas arbitrales en contratos de comercio internacional
Desde las conquistas de Alejandro Magno en los años trecientos a.C. Que permitieron los primeros intercambios comerciales entre el mundo oriental y
Malaysia’s Federal Court grants third party anti-arbitration injunction
It is an oft-repeated rule that only signatories to an arbitration agreement can be made party to arbitration proceedings. To this end, various
Mandatory mediation in labour disputes - an overview
Applying for mediation was recently made a prerequisite when filing a lawsuit concerning monetary claims by employees or employers arising out of
The Southern District of New York Holds That New York’s Prohibition of Pre-Dispute Mandatory Arbitration of Sexual Harassment Claims Is Preempted by the FAA
In April 2018, as part of a major reform to combat sexual harassment in the workplace, New York enacted a law rendering pre-dispute agreements to
Ontario prompt payment and adjudication: The final countdown
Recall that the recent amendments to the newly renamed Construction Act focused on three major reforms: modernization of lien provisions