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Between the lines... January, 2020
In the case of Embassy Property Developments (Private) Limited v. State of Karnataka and Others (decided on December 3, 2019), the Supreme Court of
The TeCSA Low Value Dispute Adjudication Service made permanent
I blogged in July about low cost adjudication services and how three bodies, TeCSA, the RICS and the CIC were launching or were considering launching
Labor Law Update: Your Labor of Love
More than 300 bills introduced in the 2019 California Legislative session mention “employer,” compared to 589 bills in 2018. While most bills bogged
Court of Appeal dispenses with service of enforcement of arbitral award against sovereign state
The Court of Appeal recently considered whether service of formal court documentation on a state party was a necessary requirement when seeking to
Second Circuit Court: Non-party class members bound by arbitrator’s determination on class arbitrability
In a recent decision (Jock v. Sterling Jewelers Inc., No. 18-153-cv (2d Cir. Nov. 18, 2019)), the United States Court of Appeals for the Second
New Arbitration Law eradicates dual system
The new Arbitration Bill was approved in general terms by the Legislative Assembly in 2018 and voted into law in November 2019. Once the New
Brexit under the Withdrawal Agreement: The implications for disputes
It now seems inevitable that the UK will leave the EU on 31 January 2020 at 11pm GMT under the terms of the Withdrawal Agreement concluded between
Pensions Ombudsman Update - January 2020
The Deputy Pensions Ombudsman (the Deputy Ombudsman) dismissed a member’s complaint, determining that the Trustee’s refusal to provide requested
Dawn of a golden era - UAE declared as a reciprocating territory by the Central Government of India
India and the United Arab Emirates (‘UAE’) have witnessed dynamic bilateral relations in the recent past. Leadership of both countries have
Arbitration 2019 overview: ECT claims, the CEA Arbitration Code of Good Practices and other global arbitration updates
2019 was another significant year for international arbitration. We highlight below some of the most important and commented news, such as the new
No Class Arbitration Available in PBM Case
The Eighth Circuit recently concluded that there was no contractual basis to conclude that a pharmacy benefit manager agreed to class arbitration
Enforcement of UAE judgements in India: UAE now a "Reciprocating Territory" under the Indian Civil Code
On 17 January 2020, the Ministry of Law and Justice (Department of Legal Affairs) of India issued a notification declaring the United Arab Emirates
The Singapore Convention on mediation: could 2020 be the year of the ratification?
The United Nations Convention on International Settlement Agreements resulting from Mediation, also known as the ‘Singapore Convention’, opened for
EEOC rescinds longstanding policy statement on mandatory binding arbitration
Last month, the U.S. Equal Employment Opportunity Commission (EEOC) surprisingly announced that it was formally rescinding its longstanding “Policy
Local Findings from North America: International Mediation Institute to release eight Global Pound Conference reports (Part 1: Miami, Austin, Los Angeles, Toronto and Baltimore)
The International Mediation Institute (IMI) has announced that it is publishing a suite of eight reports based on the 2016-2017 Global Pound
winning Litigation Strategies at Court and Arbitration
The purpose of the statement of claim is to give the courtarbitration center the general understanding of the dispute
Family Mediation - What is it and why is it such a good option for separating families?
As a solicitor I have always been an advocate of mediation. In most circumstances I advise my clients it’s likely to be the most cost effective and
International Arbitration Update: January 2020
The 2019 Bill also gives the Supreme Court of India and the High Courts power to designate arbitral institutions, with the idea being that instead of
When ‘disputes’ arise - what triggers the court’s obligation to refer to arbitration?
This recent judgment of Barniville J. Suggests that the Court will be reluctant to override provisions set out in a contractual arbitration agreement
Losing Points Arbitration Procedures
An arbitration agreement (often in form of an arbitration clause in a commercial contract) is required for establishing the jurisdiction of
The Board reinstates traditional deferral standard
On December 23, 2019, in United Parcel Service, Inc., 369 NLRB 1 (2019), the National Labor Relations Board (the Board) gave employers one final
Somewhere over the rainbow: Dealing with evidence stored on a cloud
In our digital era, investigators must be increasingly technologically savvy. Evidence can take on many forms, including texts, emails and social
Separating couples: what is mediation and why try it first?
These are immediate and important questions for many separating couples. A Mediation Information and Assessment Meeting provides an opportunity to
Arbitrating climate change disputes
Climate change is a high priority on the global political and business agendas. As States and private parties become subject to increasing regulation
Russian Supreme Court requires uniform approach in arbitration cases and clarifies meaning of public policy
On 10 December 2019, almost four years after the Russian arbitration reform of 2016 and one year since the Russian Supreme Court (the “SC“) published
Mediation: why you should give it a try
Mediation is a process whereby an independent third party assists two or more consenting parties to resolve a conflict by helping them to come to a
Enforcing International Arbitration Awards: US Courts Achieve Prompt and Efficient Enforcement, With Safeguards
Recent U.S. court decisions demonstrate that international arbitration remains a widely used and potentially attractive method for resolving
High Court guidance on whether “mention” of a document in a witness statement is enough to warrant disclosure
Both CPR 31 and Practice Direction 51U (the Disclosure Pilot) entitle a party to see a document that has been “mentioned” in a witness statement
2019-20 Supreme Court Update
The U.S. Supreme Court’s 2019-20 term is receiving substantial attention for cases involving signature initiatives of President Donald Trump’s