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Arbitration Update: Universiti Malaya v ESA Jurutera Perunding Sdn Bhd: Federal Court Clarifies "Step in the Proceedings" under section 10 of the Arbitration Act 2005
In Universiti Malaya v ESA Jurutera Perunding Sdn Bhd [2026] MLJU 2093, the Federal Court affirmed the Court of Appeal's decision and clarified what…
The settlement of mass claims under the WAMCA
A collective action can be resolved in various ways. In this Insight, we discuss how a collective action under the WAMCA can be settled and which…
Cross-Border Enforceability of Financial Ombudsman Decisions within the European Union
The development of out-of-court dispute resolution mechanisms within the European Union has led to the establishment of specialised bodies tasked…
Arbitration Act 2005: Federal Court Clarifies What Constitutes “Steps in the Proceedings”
A defendant in a civil suit is entitled to seek a stay of proceedings pending reference to arbitration under Section 10(1) of the Arbitration Act 2005…
The Setting Aside of an Arbitral Award Caused by AI “Hallucinations”: A Case Analysis of the Quebec Superior Court’s Decision in ARIHQ c. Santé Québec
On April 22, 2026, the Quebec Superior Court of Canada set aside the arbitral award rendered by arbitrator Michel A. Jeanniot in ARIHQ c. Santé…
What’s changed and why: ICC Rules 2026 with Claudia Salomon
Andrew Tetley and Clément Fouchard sit down with Claudia Salomon, President of the ICC International Court of Arbitration, for the insider's…
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…
Health Care Beat Episode 57: Resolving Health Care Disputes: The Power of Mediation and Arbitration
The dynamic and highly regulated nature of the health care industry often gives rise to multifaceted disputes among providers, payors, and other key…
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…
No Surprises Act Check-In: The Latest Changes to the IDR Process
In this Episode, Gabe Scott, Kevin Alonso, and Cindy Laura Ortega Ramos unpack recent updates to the federal independent dispute resolution (IDR)…
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…
Playfly Arbitration Tests Scope of ‘Associated Entity’ NIL Rules
The recent arbitration decision in the Playfly-University of Nebraska matter marks a pivotal first application of the House v. NCAA settlement’s (the…
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…