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Hong Kong courts hand down significant arbitration-related decisions
The Hong Kong courts have handed down several significant arbitration-related decisions in the second quarter of 2026. We previously reported on two…
Scrutiny from regulators outside Japan: Challenges for Japanese companies - Episode 12: Attempting to check what competitors are doing when misconduct is identified
Some Japanese companies will downplay the seriousness of misconduct and can even resile from implementing appropriate remedial measures once they…
High Court of Delhi sets aside an arbitral award premised on conjecture and lack of evidence of actual loss under Section 34 of the Arbitration & Conciliation Act, 1996
Indian Sugar Exim Corporation Limited (“Petitioner/ISEC”) filed a petition under Section 34 (“Petition”) of the Arbitration and Conciliation Act…
Commercial Disputes Weekly Issue 289
Under a contract of affreightment, Charterers declared laycan of 12-15 October to load a cargo of fertiliser but owners’ purported nomination of a…
Commercial common sense prevails: English Court upholds arbitration clause and rejects mediation as condition precedent
In Toziwepi Ropa v Kharis Solutions Limited [2026] EWHC 259 (Comm), HHJ Charman, sitting as a High Court judge in the Circuit Commercial Court…
Eleventh Circuit Affirms Denial of Motion to Compel Arbitration in Yacht Brokerage Antitrust Class Action
An Eleventh Circuit panel recently affirmed the denial of a motion to compel arbitration in a consolidated class action alleging antitrust violations…
Seat matters: challenging a tribunal’s ruling on jurisdiction
Kompetenz-Kompetenz is the universally accepted principle that empowers arbitration tribunals to decide on their own jurisdiction. However, recent…
Supreme Court unanimously holds federal courts compelling arbitration retain jurisdiction over post-award litigation
Most courts viewed the Supreme Court’s decision in Cortez Blue Chips, Inc. v. Bill Harbert Construction Co., 529 U.S. 193 (2000), as recognizing a…
Arbitrability, Corporate Insolvency, and Fractured Disputes: The NSW Court of Appeal’s Approach in Clough v Elecnor and the Lex Domicilii vs. Lex Arbitri Divide
The intersection of international commercial arbitration and corporate insolvency consistently generates profound jurisdictional friction. While…
The Practical Realities of AI in International IP Arbitration
The hardest questions AI raises in IP arbitration are not about efficiency. They are about what happens to disclosure, due process, and an…
サウジアラビアにおける強制執行法の改正
サウジアラビア王国(以下｢サウジアラビア｣)では、2026年4月20日、新たな強制執行法(以下｢本法｣)が制定されました。サウジアラビアでは、Saudi Vision 2030の下で…
Time is money, and the ICC is getting faster: are expedited procedures the answer?
Insights Insights ICC Arbitration Rules 2026 Expedited arbitration is now a standard offering of virtually every major arbitral institution, with the…
Former U.S. District Judge Walter D. Kelley Jr. Joins FedArb as Arbitrator and Mediator
Former federal judge brings judicial authority, appellate perspective and decades of plaintiff- and defense-side business litigation experience to…
Modernizing disputes: ICC updates Arbitration Rules
The International Chamber of Commerce (ICC) is a global business organization with a network that reaches more than 170 countries and 45 million…
Arbitrator Independence Declarations in Thailand: A Procedural Gap
Arbitrator independence and impartiality form the cornerstone of a legitimate arbitral process. Under section 19 of the Thai Arbitration Act B.E…
Online Dispute Resolution and Recent Procedural Updates in Vietnam
Online dispute resolution (“ODR”) applies information and communications technology to the prevention and resolution of disputes. ODR originally…
US Supreme Court Rejects Bright-Line Rule for FAA Coverage as to Intrastate Transportation Workers
In a recent decision, the Supreme Court rejected a proposed bright-line rule that would retain Federal Arbitration Act coverage for all…
数字时代争议解决的利器——北仲《数字经济仲裁规则》评述
引言随着数字经济的蓬勃发展，数据资产、数字技术及人工智能等领域的商事纠纷日益增多，国内主要仲裁机构相继推出专项规则以应对这一趋势。上海仲裁委员会（上仲）于2023年11月发布《数据仲裁指引》；上海国际经济贸易仲裁委员会（上国仲）于2024年1月施行《数据仲裁规则》；中国国际经济贸易仲裁委员会（贸仲…
New rules, new tools: unpacking the ICC 2026 Arbitration Rules
When parties negotiate contracts, the dispute resolution clause is an important part to get right. Get it wrong, and you deal not only with the…
London International Disputes Week 2026: Key Takeaways on Resolving China-Related Disputes in a Global Era
As China’s economic influence continues to shape global trade and investment, disputes involving Chinese parties are becoming more prevalent, more…
Hon. JoAnne McCracken (Ret.) Joins JAMS in Silicon Valley
Silicon Valley, Calif. - JAMS, the premier provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce that Hon…
German Disputes Bites - Arbitration vs Litigation: procedural flexibility is an advantage if managed
One of arbitration’s most attractive features is procedural flexibility. Under section 1042 ZPO, the parties are free to agree on the procedure, and…
New ICC Arbitration Rules: A Practical Update for Irish Contracting Parties
The revised International Chamber of Commerce (“ICC”) Rules of Arbitration (the “2026 Rules”/ the “Rules”) entered into force on 1 June 2026 and now…
Hong Kong Court Upholds Arbitral Award, Dismissing Challenge to Early Determination Procedure
In A v B1 [2026] HKCFI 2444, the Hong Kong court dismissed a challenge to a Partial Award and Costs Award made in arbitration proceedings conducted…
Insurance Ombudsman and the Case for Consent-Based Mediation
Summary: The Ministry of Finance published the Draft Insurance Ombudsman (Amendment) Rules, 2025 (“Draft IO Amendment Rules”), for public…
Súper RIGI: Argentina’s new investment incentive framework for future industries
The Milei Administration recently submitted to Congress a bill titled Ley de Régimen de Incentivo para Grandes Inversiones en Nuevas Industrias…
Court disallows very late amendments to arbitration claim
In dismissing an application by a State Party to an investment treaty arbitration to make very late, opposed, amendments to its arbitration claim form…
No Surprises Here! Government Issues Final Rule in NSA, Streamlining IDR Process and Lowering Dispute Costs
On Thursday, May 28, 2026, after years of delay, the Departments of Labor, the Treasury, and Health and Human Services through the Centers for…
Hiring a Staffing Agency Employee? Have Them Sign a New Arbitration Agreement
If your company hires temporary workers directly, do not rely on the staffing agency’s arbitration agreement to protect you. A recent California…
Apparent good order and condition of cargo: apparent to whom?
This case is the leading authority on the meaning and legal effect of the statement in a bill of lading that the cargo is shipped in “apparent good…