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Interim relief in ADGM arbitrations: When the law of the seat takes priority: Guidance from A30 v E30
The question on appeal in A30 & Others v E30 & Others [2025] ADGMCA 0003 was whether the appellants, who are parties to an arbitration under the LCIA…
First Move or Final Outcome: Does a Winding-Up Order Preserve an Overturned Adjudication Decision?
Under Section 13 of the Construction Industry Payment and Adjudication Act 2012 ("CIPAA 2012"), an adjudication decision is binding until it is set…
Litigation vs Arbitration - Key Considerations
Finding an appropriate way of resolving a dispute is an important consideration one needs to grapple with early on. Although litigation is…
Hon. Maurice Sanchez (Ret.) Joins JAMS in Orange County
Former trial judge and appellate justice joins JAMS as a mediator, arbitrator, court-appointed neutral (special master/referee) and neutral evaluator…
Arbitration of cross-border M&A disputes: Federal Court of Australia swiftly enforces London award and rejects "double recovery" challenge
Arbitration clauses are increasingly the dispute resolution mechanism of choice in cross-border share and business sale transactions, also…
Scrutiny from regulators outside Japan: Challenges for Japanese companies - Episode 19: Corporate self-flagellation - ‘own goal’ no. 2
Once historic wrongdoing such as fraud is acknowledged and accepted, Japanese companies often over-correct. This may include publishing: (i) detailed…
Beyond the Bottom Line: Six Mediation Strategies Every Business Owner, CFO, and Corporate Counsel Should Know
Commercial litigation and workplace class actions are major operational distractions in modern enterprise management, potentially creating escalating…
The new front line: Why defence sector disputes are changing
As geopolitical uncertainty grows, governments are reassessing their defence priorities and increasing military…
Swiss Federal Supreme Court: No Right to Challenge the Central Authority’s Decision on Service under the Hague Service Convention
The Swiss Federal Supreme Court has held that the parties to foreign proceedings, including the person on whom documents are to be served, have no…
Navigating emerging disputes in the UAE’s real estate and hospitality sectors
The UAE's real estate and hospitality sectors remain attractive destinations for domestic and international investment. However, growing economic and…
Zurich to Launch an International Commercial Court with English-Language Proceedings
Zurich is moving closer to having a dedicated forum for cross-border commercial disputes. On 19 October 2026, the Cantonal Parliament backed the…
Security of payment is not a shield against arbitral awards: Supreme Court of NSW enforces $26m repayment award and rejects public policy challenge
In Qube Re Services (No 2) Pty Ltd v Martinus Rail Pty Ltd [2026] NSWSC 7, Peden J determined that SOPA's ‘pay now, fight later’ framework does not…
California Becomes First US State to Legislate Limits on AI Use by Arbitrators and Counsel
On September 30, 2026, California Governor Gavin Newsom signed into law the first US state statute aimed specifically at lawyers’ and arbitrators’…
Fifteenth Court of Appeals Clarifies Arbitration Delegation and Scope Across Multiple Contracts
On Sept. 29, 2026, the Fifteenth Court of Appeals issued its opinion in Karl Drusch and TrueAero, LLC v. Stratton Borchers, addressing interlocutory…
Challenging Arbitral Awards in the Abu Dhabi Global Market: Statutory Framework, Waivers and Emerging Jurisprudence
Arbitration seated in the Abu Dhabi Global Market (ADGM) operates within a carefully constructed legislative framework designed to preserve the…
Alexandra Bach Lagos, Esq., Joins JAMS in Miami
Experienced mediator and complex civil litigator joins JAMS as a mediator, arbitrator and court-appointed neutral (special magistrate)…
BuildLaw Issue 62 & 63
A builder said that the Council will soon grant resource consent. Months later, there is still nothing. If it turns out that the builder lied, what…
Supreme Court: WESM Penalties for Must-Offer Rule Violations Are Not Arbitrable; Review Is by Certiorari Before the Court of Appeals
In Philippine Electricity Market Corporation (PEMC) v. Therma Mobile, Inc. (TMO), G.R. No. 224341, promulgated on 10 November 2025, the Supreme…
Court of Appeal finds UNCITRAL Tribunal has jurisdiction over investment treaty dispute
In a previous article, we looked at the Commercial Court decision in this case, in which the Court decided that a UNCITRAL arbitral…
AAA Consumer Arbitration Rules Revisited: What Businesses Should Be Watching in 2026
More than a year has passed since the American Arbitration Association (AAA) significantly revised its Consumer Arbitration Rules and Mediation…
Ontario Court Confirms the Fundamental Principles of Neutrality and Fairness in Arbitration
Parties choose arbitration for its flexibility, confidentiality, relative expediency and the ability to select an arbitrator with commercial…
Abu Dhabi Judiciary Swears in Sixty-One Mediators for Commercial and Civil Disputes
On 12 October 2026, the Abu Dhabi Judicial Department (“ADJD”) announced that sixty-one mediators for civil and commercial disputes had taken the…
California Court Of Appeal Finds That An Employment Arbitration Agreement Entered Into “Freely And Voluntarily” Actually Was Forced, Illegal, And Invalid Under California Law
On October 22, 2026, the California Court of Appeal held in Molina, et al. v. Triumph Residential Services, Inc., Case No…
公众人物如何应对网络言论侵权
我们生活在互联网的时代,数字信息与互联网技术的迅猛发展,一方面扩大了言论自由的范围和场域,人民群众有更便捷、更多元化的表达方式、能更广泛地参与公共议题的讨论与公共事务的监督,另一方面由于网…
Arbitration Agreement Put to Death
In 2022, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) became law. The EFAA allows a plaintiff who alleges conduct…
Hon. Bernice Bouie Donald (Ret.) Honored With the Samuel E. Gates Litigation Award by the American College of Trial Lawyers
Recognition highlights distinguished contributions to the advancement of the litigation process and administration of justice…
Mediation in the DIFC: A Strengthened Framework for Commercial Settlement
Mediation has long formed part of the DIFC Courts’ approach to dispute resolution. Part 27 of the Rules of the DIFC Courts (“RDC”) provides for…
Substance Over Form: Cayman Islands Court Stays Specific Performance Claim in Favour of Hong Kong Arbitration
In TB Mgmt LLC & Ors v Taibang Biological Ltd [2026] CIGC (FSD) 83, the Cayman Islands Grand Court (the “Court”) stayed a Cayman Islands proceeding…
Arbitration Update: Lost in Drafting? Making Sense of an Ambiguous Arbitration Clause
Does a requirement to refer a dispute to arbitration “within forty-five (45) days” impose a strict deadline, such that missing it brings the right to…
The "Man in the Arena" is not supposed to be the arbitrator: Ontario Superior Court removes arbitrator whose cross-examination of witnesses gave rise to a reasonable apprehension of bias
Commercial arbitration offers many advantages. One of them is the parties’ ability to choose their own process and decision-maker. While arbitrators…