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ラオスにおける調停合意及び仲裁判断の履行について
経済紛争解決法」は、2018年6月22日付で成立しています。紛争解決に関する法令としては2021年11月17日付「判決執行法（詳…
Important proposed changes to the English Arbitration Act: (1) summary disposal of issues
One of the biggest procedural differences between English court proceedings and English-seated arbitration is that a court may decide a claim or…
Mozambique v Privinvest: UK Supreme Court clarifies the conditions for a stay of court proceedings in favour of arbitration
On 20 September 2023, the UK Supreme Court delivered its judgment in Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) and others [2023]…
Inside arbitration Perspectives on cross-border disputes
The European Commission has formally called for the EU and its Member States to withdraw from the Energy Charter Treaty on the basis that the…
Court of Appeal summaries (September 25 - September 29)
Following are this week's summaries of the Court of Appeal for Ontario for the week of September 25, 2023. It was another fairly light week. Continue…
The Arbiter International Disputes Newsletter- Autumn 2023
In Finzi v Jamaican Redevelopment Foundation Inc (Jamaica) [2023] UKPC 29, the Judicial Committee of the Privy Council recently reviewed the…
Seventh Circuit: disputed issues of fact require a trial on the issue of whether an account user received notice of an agreement to arbitrate putative class claims against PayPal
We have written many articles about the implementation of arbitration agreements and class action waivers as mechanisms to reduce exposure to class…
Inside Arbitration: Bond calls in emergency arbitrations - what you need to know
With the construction industry facing continued uncertainty, we explore how contractors can navigate emergency proceedings to retrain bond calls…
Inside Arbitration: The undeniable rise of arbitration in Saudi Arabia
A combination of the Kingdom’s giga-projects and regulatory reforms are creating an attractive destination for international disputes. The Kingdom of…
United Arab Emirates: Dubai International Financial Centre Court holds interim awards to be enforceable
The Dubai International Financial Centre (DIFC) Court of First Instance (the "DIFC Court") has considered in its recent Order of 19 September 2023 in…
Legal Update for Energy Lawyers - September 2023
In August 2023, the Serious Fraud Office (SFO) announced that it was closing its decade long case against the Kazakh mining company, Eurasian Natural…
Arbitration Act 1996 - Evolution not revolution
Following a comprehensive consultation process, the Law Commission has published its final report and a draft bill for reform of the Arbitration Act…
Hong Kong to adopt commercial activities exception to foreign state immunity
State immunity relates to the protection given to a state from being sued in court. In Hong Kong, the law has distinguished between, on the one hand…
Arbitration. Validity of Clause. Third Circuit reverses and remands district court's decision to compel arbitration, holding that asset purchase agreement called for expert determination rather than arbitration.
In 2015, Kevin Sapp and Jamie Hopper sold two companies to Industrial Action Services LLC ("IAS"). The sale was governed by an asset purchase agreemen…
Arbitration. Confirmation of Award. Subject Matter Jurisdiction. Forum Selection Clause. Second Circuit vacates dismissal of petition to confirm arbitral award, finding that the petition adequately pleaded subject matter jurisdiction and the district court erred in concluding the forum selection clause stripped the court of its subject matter jurisdiction.
Benzion Rabinowitz ("Rabinowitz") and Levi Kelman ("Kelman") signed a Settlement Agreement in 2018 to settle a dispute between them. The Settlement…
Official Court’s Precedent On Arbitration And Employee Non-Competes Disputes
On 18 August 2023, the Justice Council of the Supreme People's Court announced the passing of a new series of official judicial precedents which…
Arbitration. Confirmation of Award. District court enforces ICSID award rendered against Venezuela even though the ICSID annulment panel did not recognize the Guaidó government's right to control the annulment proceeding.
Valores Munidales, S.L. And Consorcio Andino, S.L. (together, "Valores"), were two Spanish shareholders of Venezuelan food production companies…
Án Lệ Chính Thức Về Trọng Tài Thương Mại Và Tranh Chấp Về Nghĩa Vụ Không Cạnh Tranh Của Người Lao Động
Ngày 18/8/2023, Hội đồng Thẩm phán Tòa án Nhân dân Tối cao Việt Nam đã công bố việc thông qua một số Dự thảo Án lệ mới sẽ có hiệu lực áp dụng bởi tất…
The Benefits and Perils of Expedited Arbitration Clauses
Companies often complain that international arbitration can be as long of a process as litigation. Therefore, they inquire about faster ways of…
Mid 2023 Delaware Corporate and M&A Law Update
Over the past few months, Delaware courts have continued to address important M&A and corporate issues. Significant corporate law developments have…
UK Supreme Court Renders Important Judgment Concerning Section 9 Stays Under the Arbitration Act 1996
On 20 September 2023, the UK Supreme Court (the "Supreme Court") handed down an important judgment clarifying the proper approach to applications…
Refinement not revolution - Law Commission publishes its final report on changes to the Arbitration Act 1996
On 6 September 2023 the Law Commission ("the Commission") published its final report on reforms to the Arbitration Act 1996 ("the Act"). The review…
The UK Supreme Court provides its longawaited ruling on s.9 Arbitration Act 1996 stays in the "tuna bonds" scandal.
In a recent decision of the UK Supreme Court in Republic of Mozambique (acting through its Attorney General) v Privinvest Shipbuilding SAL (Holding)…
World Maritime Day 2023 | A spotlight on maritime arbitration
To celebrate World Maritime Day 2023, international arbitration partners Thor Maalouf, Antonia Panayides, and Nick Austin discuss arbitration in the…
Publishers, check those T&C’s: BC Court of Appeal upholds arbitration and class action waivers in video game contracts
The British Columbia Court of Appeal (the “Court”) has recently affirmed a lower court decision that a mandatory arbitration agreement and class…
Arbitration. Forum Shopping. District court holds that Plaintiff could not overcome a prior dismissal's preclusive effect and that the underlying suit had been properly dismissed under the doctrine of forum non conveniens.
Aenergy, S.A. ("Aenergy") is an Angolan energy company owned by a Portuguese citizen, Ricardo Machado. Between 2014 and 2017, Aenergy entered into 13…
Significant changes to UAE arbitration law
The UAE has recently promulgated Federal Law No. 15 of 2023, which amended Articles 10, 23, 28, and 33 of the Federal No. 6 of 2018 (the…
Arbitration. Vacatur and Confirmation of Award. Time Limits. Equitable Tolling. Fraud. Eleventh Circuit affirms district court's application of equitable tolling to extend the three-month deadline to move to vacate an arbitration award and finds that district court did not abuse its discretion in determining that the award was procured by fraud.
In 2013, NuVasive, Inc. ("NuVasive"), a medical product manufacturer, entered into an exclusive distribution agreement with Absolute Medical, LLC…
Reform of the UK Arbitration Act
The upcoming changes to the UK Arbitration Act are an important development for energy practitioners. That’s because arbitration is the default means…
Arbitration. Agreement to Arbitrate. Battle of the Forms. Fifth Circuit holds there was no valid agreement to arbitrate where parties exchanged their own forms with different terms.
Plaintiff-Appellee Axiall Canada, Inc. ("Axiall") and Defendant‑Appellant MECS, Inc. ("MECS") entered into a series of demister sales beginning in…