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Thursday, March 30, 2023 8:00 PM

Unilateral Appointment of Arbitrator is India bad in law

The hallmark of arbitration proceedings lies in the independence and impartiality of arbitrators. Such features have been meticulously imbedded in

Thursday, March 30, 2023 8:00 PM

Beijing financial court upholds validity of asymmetric arbitration clause

The Beijing Financial Court has recently upheld the validity of an asymmetric (or “unilateral option”) arbitration clause, determining that it did

Thursday, March 30, 2023 8:00 PM

What can happen when a Conditional Fee Agreement goes wrong?

Many of us have worked under or are at least broadly familiar with a Conditional Fee Agreement ("CFA"). The intention of the CFA regime is to improve

Thursday, March 30, 2023 8:00 PM

The Arbiter International Disputes Newsletter- Spring 2023

Contracts, in particular sale and purchase agreements in corporate acquisitions, may provide that if a party wishes to make a claim (usually the

Thursday, March 30, 2023 8:00 PM

How close is too close? Independence and impartiality of arbitrators and the duty to disclose

On 10 January 2023, the Paris Court of Appeal set aside an arbitral award, issued in November 2020, in an ICC arbitration between Douala

Wednesday, March 29, 2023 8:00 PM

Interim construction adjudication: A high bar for review

The Construction Act was amended effective 2019 to include “prompt payment” requirements and a regime for the interim resolution of payment disputes

Wednesday, March 29, 2023 8:00 PM

Haciendo Negocios En Colombia 2023

Colombia se encuentra localizada en la parte más al norte de Sur América. Tiene una población de aproximadamente 51 millones de habitantes, con al

Wednesday, March 29, 2023 8:00 PM

Major Projects & Construction 5 Minute Fix 113: Enforcement of international arbitral award

Australia is considered a “pro-arbitration” jurisdiction including because, courts generally enforce domestic and foreign arbitration awards. This

Wednesday, March 29, 2023 8:00 PM

UK sets out the new Science and Technology Framework

Government growth ambitions for critical Technologies including AI and future telecoms require regulatory clarity The new Department for Science

Wednesday, March 29, 2023 8:00 PM

The window to disclose doesn’t close: Failure by an arbitrator to disclose new mandates may lead to a finding of reasonable apprehension of bias

In Aroma Franchise Company Inc. et al. V. Aroma Espresso Bar Canada Inc. et al., 2023 ONSC 1827 (“Aroma”) the Ontario Superior

Wednesday, March 29, 2023 8:00 PM

Cross-Border Disputes in the Cannabis Industry & International Arbitration

As continued legalization of cannabis across jurisdictions in the U.S. and foreign countries causes the industry to become increasingly lucrative

Wednesday, March 29, 2023 8:00 PM

Doing Business 2023

This document provides a general outline of the business environment in Colombia, including the key legal, commercial and practical concerns for

Tuesday, March 28, 2023 8:00 PM

Recent NY Federal Court Decisions Impact Employers' Ability to Compel Arbitration

By way of reminder, in 2018, New York enacted a law that prohibits forced arbitration of sexual harassment claims (later expanded to include

Tuesday, March 28, 2023 8:00 PM

The Law Commission’s Second Consultation Paper - an evolving approach

This week the Law Commission published a second Consultation Paper as part of its review of the English Arbitration Act (the Act). The Paper raises

Tuesday, March 28, 2023 8:00 PM

ADGM Court Accepts Supervisory Jurisdiction Over Onshore Abu Dhabi Arbitration (A6 v. B6)

Freshfields Bruckhaus Deringer LLP has secured a victory for its client in a precedent-setting judgment issued by the Abu Dhabi Global Market

Tuesday, March 28, 2023 8:00 PM

China’s data export framework completed with release of standard contract

On 22 February 2023, the Cyberspace Administration of China (“CAC”) released the long-awaited standard contract (“Standard Contract”) for personal

Monday, March 27, 2023 8:00 PM

Vorsicht, Lerngefahr!

Nach 25 Jahren in der Beratung zur Streitvermeidung und Streitlösung möchte ich mit Ihnen ein paar meiner Erkenntnisse teilen und Tipps geben, die

Monday, March 27, 2023 8:00 PM

Arbitration. Remand to Arbitrator. Second Circuit holds that remand for a reasoned award does not violate the functus officio doctrine and is consistent with Sections 10(a)(4) and 11 of the Federal Arbitration Act.

Smarter Tools, Inc. ("STI"), a Virginia-based corporation, entered into a series of contracts with China-based Chongqing SENCI Import & Export Trade

Monday, March 27, 2023 8:00 PM

Arbitration. Sovereign Immunity. District court holds that Nigeria could not rely on a defense of sovereign immunity to avoid paying a $70 million arbitral award.

In 2007, Ogun State, located in Nigeria's southwestern region, began contracting with Chinese companies to develop the Ogun Guandong Free Trade Zone

Monday, March 27, 2023 8:00 PM

Settlement Counsel - valuable addition to the dispute-resolution toolkit

It is almost trite to say that litigation has been steadily losing ground as a tool for resolving legal disputes. Uncertain in cost and outcome and

Monday, March 27, 2023 8:00 PM

Luxembourg strengthens its position as an arbitration hub by adopting a new arbitration law

On 23 March 2023, the Luxembourg Chamber of Deputies adopted a bill reforming its arbitration law. This long-awaited reform is the first significant

Monday, March 27, 2023 8:00 PM

Arbitration. Arbitrability. District court holds that courts may decide issues of arbitrability even where the contract incorporates arbitration rules that delegate such issue to arbitrators.

Plaintiff Veerji Exports ("Veerji") contracted with BVC Brink's Diamond and Jewellery Services LLP ("BVC"), the designated agent of Defendant Brink's

Monday, March 27, 2023 8:00 PM

Implementation deadline of the right to disconnect

The Belgian government agreed on the Labour Deal, focusing on four pillars, one of them being a right to disconnect for employees. To this end

Monday, March 27, 2023 8:00 PM

Commercial Disputes Weekly - Issue 156

"I do regard the autonomy principle as of importance."Celestial Aviation Services Limited and Constitution Aircraft Leasing (Ireland) 3 Limited and

Monday, March 27, 2023 8:00 PM

Litigate or arbitrate: The continuing debate

Insolvency proceedings become more complex when an arbitration clause is in place, but a recent case in the British Virgin Islands brings some

Monday, March 27, 2023 8:00 PM

Arbitration. Enforcement of Award. Alter Ego. District court enforces arbitration award against alter egos of award debtor.

Five Brazilian entities ("Plaintiffs") entered into an agreement under which they sold more than 100 metric tons of pig iron to an entity called

Monday, March 27, 2023 8:00 PM

Arbitration. Arbitrator Partiality. District court finds claims of partiality baseless and confirms award requiring specific performance.

In 2015, Telecom Business Solutions, LLC, LATAM Towers, LLC and AMLQ Holdings (Cay) Ltd. (collectively, "Petitioners") entered into a shareholders

Monday, March 27, 2023 8:00 PM

Arbitration. Formation and Validity of Arbitration Agreements. District court holds that plaintiff is not required to arbitrate his claims against defendant because no agreement to arbitrate between the two parties had been formed.

Defendant Banco Popular N.A. (dba Popular Community Bank) ("BPNA") is a bank that provides retail banking services to consumers and is

Monday, March 27, 2023 8:00 PM

International Arbitration and Technology Disputes

International arbitration can provide an effective means to resolve complex cross-border disputes across industries, including the technology sector

Sunday, March 26, 2023 8:00 PM

Arbitration Clauses Can Determine Future Success - Or Failure

I had the pleasure of attending this year’s California International Arbitration Week, which is a great conference that presents and discusses recent

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