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The Arbiter International Disputes Newsletter - Spring 2024
In English law, damages for breach of contract or tort are compensatory in nature. They are intended to put the innocent party in the position it…
SIACの新仲裁規則（第7版）施行 第2回 和解の強調と仲裁人の選任に関する規律の拡充
前回の本ニュースレターでは、シンガポール国際仲裁センター（以下「SIAC」という。）による2025年1月1日施行のSIAC仲裁規則（第7版）（以下「新規則」という。）について、2016年版旧規…
Mistake No. 9 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Screwing Up the Hearing Exhibits
I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when…
Advancing ADR In Miami: JAMS and Arbitration Place Launch Strategic Collaboration
Miami - JAMS and Arbitration Place—two global leaders in arbitration and mediation services and facilities—are thrilled to announce a strategic…
Arbitration seat - Game of musical chairs
The Hon’ble Supreme Court of India (“Supreme Court”), in a recent decision has converged the divergent opinion, on the appropriate test to determine…
A false start - expert determination in the Olympic Stadium
The recent decision in WH Holding Limited v E20 Stadium LLP provides helpful guidance on the meaning of “manifest error” in the context of an expert…
New SIAC Arbitration Rules to Come into Effect in 2025 Part 2 Focus on Settlement, and Enhanced Procedure for Arbitrator Appointment
In Part 1 of this series, we previously reported on two key updates in the 7th edition of the Arbitration Rules of the Singapore International…
Inside Investigations: Dawn raids - What to expect and how to respond
The Inside Investigations series continues with a session on unannounced on-site investigations - 'dawn raids' - conducted by regulators…
SIAC by the Numbers: What their 2024 Statistics Reveal
SIAC’s 2024 Annual Report reveals record-breaking caseloads, efficiency innovations, and growing global trust. 1. Continued Robust Caseload & Global…
Want to Ensure Arbitration in an E-Commerce World? Time To Refresh Your Website’s Terms of Service
Recent court decisions have raised the bar for enforceable arbitration provisions in website Terms of Service (ToS) agreements. E-commerce businesses…
Mediating Executive or Other Key Employee Disputes
A successful mediation requires sensitivity and attention to the needs of each side, but mediating executive or key employee disputes requires some…
AI-volution in Arbitration: the new Chartered Institute of Arbitrators (CIArb) Guidelines
The Chartered Institute of Arbitrators (CIArb) has recently published its much-anticipated guidelines on the use of Artificial Intelligence (AI) in…
Experts in the Spotlight under the New Arbitration Rules
At the beginning of this year, the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania (CICA) has…
I’m still standing - Judicial review of labour arbitration decisions
Employers may roll the dice and decide to undergo the costs of arbitrating a grievance with the expectation that an unfavourable decision can be…
Sheri Flame Eisner, Esq., Promoted to Executive Vice President and General Counsel
Irvine - JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is proud to announce that Sheri Flame Eisner…
S&C Sidebar - A Conversation with Sharon Nelles and Andrew Finn
In this episode of S&C Sidebar, Sharon Nelles, Managing Partner of S&C’s Litigation Group, is joined by Andrew Finn, Head of the International Arbitration and…
破而待立，诉之有道——破产衍生诉讼实务解析之管辖篇（上）
破产制度是我国社会主义市场经济制度的重要组成部分，是优化营商环境的关键法治工具，关乎经济发展、民生福祉和社会稳定。2021年…
Commercial Disputes Weekly - Issue 239
The appellants were directors of the respondent company. They were found to have breached their fiduciary duties by resigning from the company in bad…
Navigating the SIAC Arbitration Rules 2025
Singapore has cemented its place as a global leader in arbitration. A recent Global Arbitration Review report has confirmed that Singapore is now the…
Experts in the Spotlight under the New Arbitration Rules adopted by Romania’s Court of International Commercial Arbitration
At the beginning of this year, the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania (CICA) has…
The Key Provisions of an International Arbitration Clause in Cross-Border Electricity Trade Disputes
Cross-border electricity trade is the import and export of electricity between countries.It takes place on a two-way integrated wide-area…
A UN Law Firm? : UNCITRAL Establishes Advisory Centre for States in ISDS Disputes
In 2024, the 70 plus member States of the United Nations Commission on International Trade Law (“UNCITRAL”) took significant steps towards the…
Consumer Law | European ODR platform to be discontinued
Following the adoption of Regulation (EU) No. 2024/3228 of 19 December 2024 (the “Regulation”), the European Online Dispute Resolution Platform (the…
From Bankruptcy to Rebirth
In 2013, Detroit became the largest U.S. city to file for bankruptcy, a moment that many feared would mark the city’s decline. Instead, it became a…
Advocate General opinion presents seismic challenge to the existing order of sports arbitration
A landmark Advocate General opinion proposes a potentially seismic shift in sports arbitration by opening door to EU court review of CAS awards where…
Arbitration Clause In A Discharged Contract Is Unenforceable—Unless Weaponized (Rogne v. Digital)
Since Debtor "does not now seek to use that agreement as a weapon" against Creditor, Debtor's "bankruptcy discharge renders the arbitration agreement…
Risky Business | Series 2, Episode 2 | Commercial contracts - pitfalls reminders - Dispute resolution clauses
Dispute resolution clauses are sometimes regarded as “midnight clauses" on which parties spend little time when negotiating a commercial contract…
Qatar International Center for Conciliation and Arbitration launches new arbitration rules effective from January 2025
On 15 September 2024, the Qatar International Center for Conciliation and Arbitration ("QICCA") introduced new Arbitration Rules which came into…
Freshly ground look at whether arbitrator had shown bias: Ontario Court of Appeal reinstates award
In ReSolution Issue 36, we covered a finding in the Ontario Supreme Court that an arbitrator had caused a reasonable impression of bias. The Supreme…
Alter ego doctrine and arbitral awards
In a recent decision, the Paris Judicial Court considered whether a Dutch company was able to recover assets from a Panamanian company, by virtue of…