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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
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
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
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
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
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
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
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
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
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
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
Doing Business 2023
This document provides a general outline of the business environment in Colombia, including the key legal, commercial and practical concerns for
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
International Arbitration and Technology Disputes
International arbitration can provide an effective means to resolve complex cross-border disputes across industries, including the technology sector
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