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The new ICSID rules came into force on 1 July 2022. What does these mean for funders?
ICSID arbitration is a specialized form of dispute resolution provided by the International Centre for Settlement of Investment Disputes. It plays a…
Class Actions May Now Be Easier to Defeat in Ontario
An Ontario Court has provided the first detailed interpretation and application of the revised preferability analysis under the amended Class…
Supreme Court has indicated the evidence required for awarding claims for loss of profit and overheads
The Supreme Court of India ("Supreme Court"), in 2 (two) judgments i.e., M/s Unibros v. All India Radio ("Unibros Judgement") and Batliboi…
Construction Law "Back to Basics" - Arbitration
In Episode 4, Gwilym Evans, Senior Associate, discusses arbitration in the context of the construction industry. Gwilym discusses when and why…
Denise Langford Morris, Retired Judge, Oakland County Circuit Court Inducted into Michigan Women Forward’s Hall of Fame Class of 2023
JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is proud to announce that has been nominated for and…
UK to join the 2019 Hague Convention on recognition and enforcement of cross-border judgments - a step in the right direction
The Ministry of Justice has announced that the UK will join The Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign…
Devas v Antrix: fraud as a ground for setting aside an arbitral award: unique outlier or a sign of things to come?
‘Fraud vitiates all’ is a legal principle firmly embedded in the Indian jurisprudence. An iteration of this principle also finds place in the…
Louisiana District Court Denies Motion to Compel Arbitration Pursuant to DIFC-LCIA
A U.S. federal district court refused to compel arbitration in a contractual dispute concerning the supply of materials, products, and services for…
Update: legislative process underway for arbitration bill to revise English Arbitration Act 1996
As discussed in our earlier blog here, the King’s speech confirmed on 7 November that Parliament would consider the Law Commission’s recommendations…
How sector preferences shape international arbitration
On the international arbitration stage, the energy and construction sectors have long held the spotlight. With their complex, high-value contracts…
Santiago "Sam" Fernandez, Esq., Joins JAMS in Century City
JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce the addition of Santiago…
Into The Light: Mediation in Personal Injury Cases
Successful mediation in personal injury cases can enable early negotiation of a compensation settlement, enabling the claimant to get on with their…
Application for security for award sum pending determination of a setting aside application: time for an update?
In this article, we will discuss the application of Section 37(7) of the Arbitration Act 2005 (“Section 37(7)”) vis-à-vis an application by a…
Court Grants Anti-Suit Injunction To Stop Sanctioned Entities Bringing Russian Proceedings
In 2020, the Russian legislative body made amendments to the Russian Arbitrazh (Commercial) Procedural Code (APC) to establish the exclusive…
Emek Insaat Sti Ltd v European Union and the Fourth Arbitrator: The Limits of the Arbitral Secretary’s Role
A recent decision from Belgium’s Cour de Cassation raises an interesting question about the extent to which arbitrators are permitted to delegate…
Court of Appeal confirms mandatory ADR is here to stay
We reported in 2021 on the Civil Justice Council's report regarding mandatory ADR. One of the issues the report addressed was whether parties can…
Churchill v Merthyr Tydfil County Borough Council
"The headline questions in this case are whether a court can lawfully order the parties to court proceedings to engage in a non-court-based dispute…
Court of Appeal Holds That Courts Can Order Parties to Engage in Dispute Resolution
The Court of Appeal’s hotly anticipated decision in James Churchill v. Merthyr Tydfil County Borough Council[1] has been handed down. It holds that…
Stay of proceedings for non-court based ADR
On 29 November 2023, the Court of Appeal handed down its decision in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416. The…
Second Circuit reverses district court, ruling that website interface provided reasonable notice of arbitration agreement and that consumer assented to that agreement through transactional conduct
Technology advances. Business processes evolve. Internet transactions become increasingly ubiquitous. Contract formation, however, remains an…
Looking Forward - the future of (compulsory) ADR in business disputes and the impact of Churchill v Merthyr Tydfil
Considered as a cheaper, quicker and less stressful mode of dispute resolution, alternative dispute resolution (“ADR”) is no longer seen as an…
The Court of Appeal confirms that the courts can compel parties to engage in ADR
On 29 November 2023 the Court of Appeal handed down judgment in Churchill v Merthyr Tydfil County Borough Council, holding for the first time that…
Mandatory mediation has been ushered in to England and Wales
The legal landscape in England and Wales has undergone a significant transformation following the Court of Appeal's hotly anticipated ruling this…
What Manufacturers Need to Know About Express Warranties, Arbitration in California
The Song-Beverly Consumer Warranty Act (the “Song Beverly Act,” Cal. Civ. Code §§ 1790 to 1795.8) was enacted in 1970 to provide additional…
Court of Appeal revisits its decision on mandatory ADR - Mr Churchill v Merthyr Tydfill County Borough Council
In a much-anticipated judgment, the Court of Appeal has returned to the question of mandatory non-court-based dispute resolution (or ADR, as most…
Guiding Cases 199-201 Issued by the PRC Supreme People’s Court - Further Steps Toward a Pro-Arbitration Regime
On December 30, 2022, the Supreme People’s Court of the People’s Republic of China (“SPC”) released its 36th batch of six guiding cases, all of which…
Company That Hired Competitor’s Employee Was Not Entitled To Arbitrate Claims
Canfeng Lai worked for many years at Applied Materials before submitting his resignation to begin a new job at Mattson Technology (one of Applied’s…
The Landscape of Litigation Funding in Hong Kong
The old common law rules against maintenance and champerty remain in force in Hong Kong, with the result that third-party funding for litigation is…
Arbitration. Forum Non Conveniens. Unavailable Arbitral Forum. District court rules that it cannot compel arbitration where parties contracted to arbitrate pursuant to now-defunct DIFC LCIA Rules.
Plaintiff Baker Hughes Saudi Arabia Co. Ltd. ("Baker Hughes") contracted with Dynamic Industries Saudi Arabia, Ltd. (and other related Dynamic…
Churchill v Merthyr Tydfil Council - Court of Appeal’s Ruling on ADR in Nuisance Claims
In a significant legal development, the Court of Appeal delivered its judgment on 29th November 2023 in the case of Churchill v Merthyr…