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Sunday, April 14, 2024 8:00 PM

Dispensing with the Notice under section 21 of the Arbitration and Conciliation Act, 1996 for re-commencement of arbitration proceedings

Section 21 of the Arbitration and Conciliation Act, 1996 (“the Act”) pertains to commencement of arbitral proceedings and reads as follows:…

Sunday, April 14, 2024 8:00 PM

U.S. Supreme Court Clarifies When the Federal Arbitration Act’s “Transportation Exemption” Applies

On April 12, 2024, the U.S. Supreme Court addressed whether the Federal Arbitration Act’s (FAA) transportation exemption—meaning the FAA would not…

Sunday, April 14, 2024 8:00 PM

Going Astray from Soleh Boneh? An Affirmation of the Manifest Validity Test

In 中國機床銷售與技術服務有限公司 v 國晟機電設備有限公司 [2024] HKCFI 958, DHCJ Jonathan Wong (“Judge”) examined the appropriate ambit of the guidelines …

Sunday, April 14, 2024 8:00 PM

HKIAC Statistics 2023

The HKIAC has published its statistics for 2023, with the amounts in dispute and gender diversity in arbitral appointments setting a new high…

Sunday, April 14, 2024 8:00 PM

Court refuses to enforce arbitral award for arbitrator’s failure to give reasons for decision

In A v B & Ors[2024] HKCFI751, the court refused to enforce an arbitral award. It held that objectively read and in the context of the issues raised…

Sunday, April 14, 2024 8:00 PM

Arbitral Award Annulment regarding Thuong Kontum Hydropower Project

Thuong Kon Tum Hydropower Project is one of the key national projects, invested by Vinh Son - Song Hinh Hydropower Joint Stock Company…

Sunday, April 14, 2024 8:00 PM

United States Supreme Court Clarifies, and Broadens, Definition of "Transportation Worker" under the Federal Arbitration Act.

The United States Supreme Court recently issued an opinion addressing who qualifies as a “transportation worker” under the Federal Arbitration Act…

Sunday, April 14, 2024 8:00 PM

Employer “waived” bye-bye to arbitration after litigating for 7 months

A federal appeals court recently refused to let a mortgage broker send its former employee’s disability discrimination lawsuit to arbitration…

Sunday, April 14, 2024 8:00 PM

U.S. Supreme Court Clarifies, and Broadens, Definition of "Transportation Worker" Under the Federal Arbitration Act

The U.S. Supreme Court recently issued an opinion addressing who qualifies as a “transportation worker” under the Federal Arbitration Act (FAA)…

Sunday, April 14, 2024 8:00 PM

Major changes in the 2024 CIETAC Arbitration Rules

CIETAC, one of the leading PRC arbitral institutions, has incorporated a wide range of revisions in the 2024 Rul…

Sunday, April 14, 2024 8:00 PM

Disputes as to proper parties to arbitration agreement may be reviewed by the court

In R v A, B and C [2023] HKCFI 2034, the court held that an arbitral award finding that C was the true party to an agreement and therefore in effect…

Sunday, April 14, 2024 8:00 PM

When can an arbitral award be set aside for a tribunal’s failure to deal with an issue?

In X & Anor v ZCo [2024] HKCFI 695, the court dismissed an application to set aside an arbitral award on the basis that the tribunal had failed to…

Sunday, April 14, 2024 8:00 PM

New CRCICA Arbitration Rules 2024

The Cairo Regional Centre for International Commercial Arbitration (CRCICA) Arbitration Rules 2024, came into effect on 15 January 2024. The 2024…

Sunday, April 14, 2024 8:00 PM

Canada: Another Arbitrator considers interaction between Canada Labour Code leave entitlements and other leave entitlements

In Teamsters Local Union 987 of Alberta v Purolator Inc., 2024 CanLII 21937 (CA LA), an arbitrator dealt with a clash between the amount of leave…

Sunday, April 14, 2024 8:00 PM

Court emphasizes exceptional nature of challenging arbitral awards

In CNG v G [2024] HKCFI 575, CNG sought to set aside an arbitral award made in G’s favour, on the grounds that the tribunal had failed to consider…

Sunday, April 14, 2024 8:00 PM

Public Consultation on Proposed Amendments to 2018 HKIAC Administered Arbitration Rules

The HKIAC Rules Revision Committee has invited comments on its proposed amendments to the HKIAC Administrated Arbitration Rules, which were last…

Sunday, April 14, 2024 8:00 PM

IBA guidelines on conflicts of interest in arbitration mark 20-year milestone

The Guidelines were first published by the IBA in 2004 and were revised in 2014. The latest 2024 edition of the Guidelines is the culmination of an…

Sunday, April 14, 2024 8:00 PM

Does a Court have Jurisdiction to Assess Impartiality of Arbitrators in Institutional Arbitrations?

In this case, the Hon'ble High Court of Judicature at Bombay ("Court") delved into whether a court has jurisdiction to entertain and decide on…

Sunday, April 14, 2024 8:00 PM

When can the court intervene in a tribunal’s decision on public policy?

G v N [2023] HKCFI 3366, involved the question of the application of public policy in a case where illegality is raised as a defence to a claim and…

Sunday, April 14, 2024 8:00 PM

Supreme Court Finds FAA ‘Transportation Worker’ Exemption Does Not Require Employment in Transportation Industry

In a unanimous 9-0 decision issued April 12, 2024, the U.S. Supreme Court held the “transportation worker” exemption under Section 1 of the Federal…

Saturday, April 13, 2024 8:00 PM

Vacation Pay Not Owing over Notice Period:

In Grimaldi v. CF+D Custom Fireplace Design Inc., 2023 ONSC 6708 Justice Bordin was asked by the Plaintiff to award him vacation pay over the 5.5…

Thursday, April 11, 2024 8:00 PM

Newsflash: Start date for compulsory mediation in small claims money disputes announced

HM Courts & Tribunals Service (HMCTS) and the Ministry of Justice (MoJ) have announced that "For court cases filed from 22 May 2024, attending a…

Thursday, April 11, 2024 8:00 PM

Ley General de Mecanismos Alternativos de Solución de Controversias

La Senadora Sánchez Cordero presentó ante el Senado una iniciativa de proyecto de Decreto por el que se expide la “Ley General de…

Thursday, April 11, 2024 8:00 PM

Supreme Court Holds That An Individual Need Not Work In The Transportation Industry To Qualify For The Section 1 Exemption To The Federal Arbitration Act

Today, the Supreme Court held in a unanimous decision that an individual need not work in the transportation industry to fall within the exemption…

Thursday, April 11, 2024 8:00 PM

The Latest on Employee Arbitration Agreements

In Episode 9, Damien DeLaney and Jeff Kimmel, Co-Chairs of Akerman’s Wage and Hour Practice, discuss recent developments in the courts on agreements…

Thursday, April 11, 2024 8:00 PM

U.S. Supreme Court: Workers Who Transport Goods Are Exempt from FAA, Regardless of Industry

Workers engaged in the transportation of goods across state or international Borders are exempt from the Federal Arbitration Act's (FAA)…

Thursday, April 11, 2024 8:00 PM

Tristan Oil Ltd v The Scheme Creditors (BVIHCM 0120/2023, 19 March 2024): Who is entitled to intervene in and challenge an approved scheme of arrangement?

Tristan Oil Ltd v The Scheme Creditors (BVIHCM 0120/2023, 19 March 2024): Who is entitled to intervene in and challenge an approved scheme of…

Thursday, April 11, 2024 8:00 PM

What is the caucus approach to mediation?

Mediation is a popular alternative dispute resolution method in divorce or Family Law matters. Many opt to participate in mediation seeking a…

Thursday, April 11, 2024 8:00 PM

The first ever summary dismissal of ICSID annulment grounds for being “manifestly without legal merit”

On 2 February 2024, the ICSID ad hoc Annulment Committee in Nachingwea and others v. Tanzania, ICSID Case No. ARB/20/38 (the “Nachingwea Committee”)…

Thursday, April 11, 2024 8:00 PM

Even Arbitrations Are Not Safe from the Prejudgment Remedy

In Tow v. Frontier Communications Parent Inc., No. FST-CV23-5028717-S, Judge Adams of the Connecticut Judicial District of Stamford/Norwalk granted a…

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