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JAMS Relocates Miami Resolution Center
JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce that it has relocated…
La fraude par interprétation n’est pas un motif d’annulation en vertu de la Loi de 1991 sur l’arbitrage de l’Ontario
Dans l’affaire Campbell v. Toronto Standard Condominium Corporation No. 2600[1] (l’affaire Campbell), la Cour d’appel de l’Ontario a estimé que le…
Game changers? Football's financial and economic model under the spotlight in two high-profile rulings
The Court of Justice of the European Union (CJEU) and a UK arbitration panel (the Panel) have recently handed down rulings that may have significant…
English Court confirms strict approach to contractual interpretation of time limits in light of the Arbitration Act
The English Commercial Court has dismissed an appeal under s69 of the Arbitration Act because the bespoke clause provided that the time limit to…
OECD Pillar Two: possible ISDS claims?
In this post, we explore how ISDS claims could arise from the OECD Pillar Two tax reforms, as well as the potential hurdles such claims could face…
Arbitrator’s objective duty to disclose under UNCITRAL Model Law does not require consideration of parties’ subjective expectations
The Court of Appeal for Ontario's recent decision in Aroma Franchise Company, Inc. v. Aroma Espresso Bar Canada Inc.,[1] confirms that the legally…
New rules allow courts in England and Wales to order use of alternative dispute resolution
In November 2023, in James Churchill v Merthyr Tydfil County Borough Council, the Court of Appeal held that courts have the power to order parties to…
Singapore: Successful resolution of IP dispute under WIPO-Singapore ASEAN Mediation Programme in the Health Supplements Industry
A skilled mediator facilitated a resolution between parties in the health supplements industry, helping them to express their concerns, focus…
Konfliktlösung mal anders? Wirtschaftsmediation!
Konflikte im Unternehmenskontext können vielfältig und ressourcenintensiv sein. Die Wirtschaftsmediation kann hierbei ein effektives Tool für die…
International Investment Law and Russian Countersanctions- Countering the Counterstrike?
Countering the Counterstrike? PDF download In this third briefing on International Investment Law (IIL), we examine how IIL and in-vestor-state…
Blood, BITs, and arbitration
The English High Court has dismissed the Czech Republic’s remaining challenges to a USD750 million investment treaty award under s.68 of the…
Legal principles governing enforceability of negative covenants in commercial contracts: High Court of Delhi grants interim measure of stay of termination pending arbitration
In a notable development, the Hon’ble High Court of Delhi (‘Hon’ble High Court’), while deciding an application filed under Section 9 of the…
New Year, New Arbitration Act?
The UK’s Arbitration Bill (“Bill”), which was re-introduced by the Labour government in July 2024, was presented to the House of Commons (“HC”) on 6…
The Ontario Court of Appeal’s clarification of an arbitrator’s legal duty to disclose
The decision in Aroma Franchise Company, Inc v Aroma Espresso Bar Canada Inc., 2024 ONCA 839, reshapes the disclosure obligations of Arbitrators…
Hong Kong court sets aside default judgment in favour of arbitration
Hong Kong court sets aside default judgment due to parties' valid arbitration agreement If the parties expressed a clear intention to arbitrate…
China and Venezuela enter into new Bilateral Investment Treaty
On the 13th of November, 2024, the Bolivarian Republic of Venezuela ("Venezuela") published the Bilateral Investment Treaty ("BIT") executed with the…
Mediation and the limits of without prejudice privilege
Mediation is a common way to resolve disputes and one of its advantages is that any discussions are undertaken on a without prejudice basis, so that…
Decision in O v. C [2024] EWHC 2838 (Comm)
On 8 November 2024, the judgment of the English High Court (Sir Nigel Teare) in O v. C was handed down. The decision will be of interest to many in…
Civil Justice Council publishes the final report in its review of Pre-Action Protocols
The Civil Justice Council (CJC) began its review of Pre-Action Protocols (PAPs) in England & Wales in November 2021 and, three years later, in…
Mining Arbitrations - A Perspective from Poland
This article examines the role of Bilateral Investment Treaties (BITs) in the mining sector, with particular focus on international arbitration as a…
No set aside for constructive fraud under Ontario’s Arbitration Act
In Campbell v. Toronto Standard Condominium Corporation No. 2600 (Campbell), the Ontario Court of Appeal held that "fraud" as used in the…
Incrorporating and enforcing an arbitration clause from another contract: why specific reference is essential
In recent years, arbitration has become one of the most popular methods of resolving commercial disputes. The Arbitration and Conciliation Act, 1996…
6th Circ. Revives Kellogg 401(k) Fee Suit After Arbitration Dismissal
The U.S. Court of Appeals for the Sixth Circuit has reversed a Michigan federal district court’s April 2023 dismissal of a 401(k) plan mismanagement…
The CJC Review of Pre-Action Protocols - Phase Two Report (Final) now published
On 15 November 2021, the UK's Civil Justice Council (CJC) published an Interim Report initiating a consultation on pre-action protocols (PAPs). The…
When is the hearing closed? - The Bavarian Highest Regional Court rules on the preclusion of objections against the execution of an arbitral award under Sec. 767(2) ZPO
In a decision of 24 July 2024, the Bavarian Highest Regional Court (BayObLG) rejected an objection against the execution of an arbitral award because…
Immunity objections to registration of ICSID awards rejected by English Court of Appeal
The English Court of Appeal has rejected Spain’s and Zimbabwe’s appeals against orders registering arbitration awards made against them pursuant to…
Are we arbitrating? Court finds dispute resolution provision did not amount to an arbitration agreement
In this case, the parties’ contract contained overlapping dispute resolution provisions. The claimants sought the Court’s assistance in order to…
Ep 3 of the Dialogue on Construction Law Policy featuring Ms. Srividhya Ragavan
This Episode hosted Mr. Nikhil Ramdev, Sr. Associate, MRP Advisory, featured Ms. Srividhya Ragavan and focuses on how India’s emphasis on mediation…
The Impact of the Supreme Court of India’s Judgment in Delhi Airport Metro Express Pvt. Ltd. v. Delhi Metro Rail Corporation Ltd. on India's Arbitration Landscape
In The Impact of the Supreme Court of India’s Judgment in Delhi Airport Metro Express Pvt. Ltd. v. Delhi Metro Rail Corporation Ltd. on India's…
Indian government proposes arbitration law reforms: The Draft Arbitration and Conciliation (Amendment) Bill 2024
India’s approach to arbitration has evolved significantly in recent years, reflecting its commitment to becoming a global hub for dispute resolution…