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Dispute Resolution Journal: Volume 78, Number 5
What happens when two parties enter into a valid and binding Arbitration agreement, but the arbitral institution they named In that agreement is…
Paddle Manufacturer in a Pickle: First Game to Plaintiffs in Consumer Protection Suit over Allegedly Mislabeled Pickleball Paddles
Sport Squad, Inc. (“Sport Squad”), a pickleball paddle manufacturer, has found itself in a pickle after a Florida district court allowed various…
다단계 분쟁해결 절차에서 중재절차의 선행요건을 충족하지 않을 경우 - 법적 함의와 주의점
다단계 분쟁해결 조항(multi-tier dispute resolution clause)이란, 중재(혹은 소송) 절차를 개시하기 전에 당사자 간의 협상, 조정, 전문가 결정 등 대체적인 분쟁해결 절차를 미리 거치도록 하는 조항입니다. 이러한 대체적인 분쟁해결 절차는…
Key changes introduced by the Arbitration Act 2025: (6) Clarifying the courts’ powers in support of arbitral proceedings
In this final article in our series on the Act, we explore two key updates introduced by the Act: (1) the expansion of English courts’ powers to…
The art of interpretation in dispute resolution: Lessons from BDW Trading v Ardmore Construction
As a construction professional, I am certain that you have by now come across the judgment in BDW Trading Limited v Ardmore Construction Limited…
Power Play: Pull the Plug on Parallel District Court Litigation, ITC Investigation
The US Court of Appeals for the First Circuit vacated a preliminary injunction, explaining that the district court should have immediately issued a…
Arbitration Act 2025 enacted in England and Wales
Following a review and consultation process led by the Law Commission, the Arbitration Act 2025 (the ‘2025 Act’) amending the Arbitration Act 1996…
Making Arbitration More Efficient Is the Responsibility of All Participants
The arbitral procedure shall provide a fair and efficient process for resolving a dispute, and it should be conducted in a manner that avoids…
Law No. (2) of 2025: A New DIFC Courts Law
A transformative new law, Law No. (2) of 2025, issued by HH Sheikh Mohammed bin Rashid Al Maktoum has brought about extens…
The Power of Choice: How Flexibility in Arbitration Drives Better Outcomes
Arbitration is often chosen as an alternative to litigation because it can be more efficient and cost-effective, as well as tailored to the needs of…
Law and War: Anti-enforcement injunction against Russian Astreinte Orders
Russia’s response to sanctions imposed following its invasion of Ukraine in 2014 and 2022 has resulted in a stand-off between the Russian and English…
HK Court relies on deemed service clause to dismiss a setting-aside application to enforce an arbitral award
In CC v AC [2025] HKCFI 855 (Date of Decision: 27 February 2025), the Hong Kong Court of First Instance (“Court”) dismissed an application to set…
Court of Appeal touches on relationship between arbitration and comity
The New Zealand Court of Appeal (the Court) has provided commentary on how New Zealand courts should evaluate dispute resolution clauses. The…
Third-Party Beneficiary Required to Arbitrate
After a catastrophic turbine failure at an Algerian power plant, insurers acting as subrogees of the plant’s owner, Shariket Kahraba Hadjret En Nouss…
Understanding the 2025 BANI Rules: Key Changes and Their Impact
Badan Arbitrase Nasional Indonesia ("BANI") has published its 2025 Rules and Procedures. These updated rules introduce significant changes that could…
Domicile of an Arbitral Award -What Does and What Does Not Influence It
The distinction between a domestic and a foreign arbitral award is important because it affects the recognition, enforcement, and legal remedies…
Court of Appeal rules no automatic right of appeal without express reservation in arbitration agreement
On 18 March 2016, Afrasia Bank Limited (the Respondent) deposited USD 7.5 million (the Fixed Deposit Sum) with Chase Bank Kenya Limited (Chase Bank)…
Federal Court applies Higher Threshold Test for Fortuna Injunctions in Winding Up Cases involving Arbitration Agreements
The Federal Court appeal in V Medical Services M Sdn Bhd v Swissray Asia Healthcare Co Ltd (Civil Appeal No. 02(f)-1-02/2024(W)) concerned the legal…
Bringing Together Multiple Perspectives to Reach Effective Settlements
In this podcast, JAMS neutrals Hon. Lynn Duryee (Ret.) and Rebekah Ratliff, CCLS, discuss the concept and application of co-mediation, where two…
Royal Assent for the Arbitration Act 2025
On 24 February 2025 the Arbitration Act 2025 received Royal Assent. The completion of the Act's legislative journey marks the end of a lengthy…
UK Supreme Court makes landmark decision on anti-suit injunctions in support of foreign arbitration
In a landmark decision, the Supreme Court has held that the English courts have jurisdiction to grant anti-suit injunctions in support of…
Key changes introduced by the Arbitration Act 2025: (5) Arbitrators’ immunity and duty of disclosure
In order to safeguard London’s position as one of the world’s leading arbitral centres, the Arbitration Act 2025 (the Act) takes a two-pronged…
Successful Section 68 challenge to arbitral award - twice in a blue moon?
In Republic of Kazakhstan v World Wide Minerals Ltd and others [2025] EWHC 452 (Comm) (28 February 2025), the English Commercial Court allowed a…
Arbitration Act 2025 | Part 3: What did not change?
The Arbitration Act 2025 (“2025 Act”) introduces some important changes to the arbitration framework in England, Wales, and Northern Ireland, while…
PRC Arbitration Law aims for modernisation: Updated draft submitted for legislative review
An updated draft revised Arbitration Law has been released and submitted to the Standing Committee of the National People's Congress for review. This…
Commercial Disputes Weekly - Issue 238
Over 800 supporters of Liverpool Football Club brought claims for damages in respect of injuries they allegedly sustained on 28 May 2022 at the UEFA…
The Arbitration Agreement in Vietnam
A well-drafted arbitration agreement is the foundation of effective dispute resolution. What makes an arbitration agreement valid? How do Vietnamese…
An Overview of ARIAS US Arbitration
As Chinese insurance companies expand their overseas operations, the frequency of insurance disputes in foreign jurisdictions has also increased. In…
Discourse: defining roles and selection criteria for arbitrators and mediators in the integration of multiple dispute resolution methods
In dispute resolution, arbitrators and mediators always serve as “neutral parties” and “key facilitators” in the resolusion process. However, with…
Recognition and Enforcement of Foreign Arbitral Awards in Mainland China
Mainland China’s integration into global commerce has necessitated a robust framework for recognizing and enforcing foreign arbitral awards. As a…