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Would Ratification of the Singapore Convention on Mediation Enrich Indonesian Mediation Culture?
In their groundbreaking article, “Would Ratification of the Singapore Convention on Mediation Enrich Indonesian Mediation Culture?” published in…
Charting a new course: proposed expedited dispute resolution procedures for CETA
The European Commission recently proposed supplemental dispute resolution rules intended to facilitate small- and medium-sized enterprises' access to…
Apparent bias and applications to remove arbitrators
At the end of 2020, the UK Supreme Court, in the case of Halliburton Co v Chubb Bermuda Insurance Ltd [2021] AC 1083,1 had…
JAMS Announces Mass Arbitration Procedures and Guidelines
JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce it has created…
Thai Arbitration Institute Launches Pilot Project for In-Court Arbitration
The Thai Arbitration Institute (TAI) announced on April 19, 2024, that it has jointly set up an in-court arbitration pilot project with five courts…
Full disclosure - what do we really need to know?
A maxim of the judicial world is that justice not only be done, but that it be seen to…
Open road? SCOTUS’s ruling on section 1 transportation exception causes more uncertainty
On April 12, 2024, the Supreme Court of the United States issued its decision in Bissonnette v. LePage Bakeries Park St., LLC, No. 23-51, 144 S. Ct…
Unpacking Recent Trends in Major Projects and Infrastructure Arbitration
Amid the evolving complexities of infrastructure projects, stakeholders are increasingly seeking innovative solutions to mitigate risk and manage…
New Family Procedure Rules — will fewer cases reach Court?
Amid major delays at the Family Court — with many cases being adjourned at short notice — changes to the Family Procedure Rules were introduced in…
Space Law and Arbitration: An introduction to Space Law in the People’s Republic of China
In this article, we will (i) identify the space treaties and agreements to which the PRC is a party; (ii) address how the arbitrability and…
JAMS Mass Arbitration Procedures and Guidelines
These Mass Arbitration Procedures and Guidelines (“Procedures”) are intended to facilitate the fair, expeditious and efficient resolution of Mass…
Current State of U.S. Economic Sanctions Imposed in Response to Russia’s Invasion of Ukraine - May 1, 2024
In response to Russia’s invasion of Ukraine, the U.S. government has deployed a whole-of-government approach to impose sanctions and tighter export…
Disputes Briefcase- April 2024
The Supreme Court’s recent decision (upholding that of the Court of Appeal) in UniCredit Bank v RusChemAlliance is the latest in a series of cases in…
Study: Offering And Advocating For A Solution Is A Poor Mediator Strategy
“Neutral Offering Solutions had long-term negative associations” in mediation. That’s a finding from a study of small claims mediations, titled “What…
Supreme Court Broadly Defines Transportation Workers for Purposes of Arbitration Exemption
On April 12, 2024, the U.S. Supreme Court issued a decision that significantly broadens the definition of a transportation worker who is exempt from…
Conflicting online terms - E.D. Va. rules that “arbitrability delegation” clause requires that arbitrator resolve conflict
We have written many articles about the use of consumer-facing terms containing mandatory arbitration agreements. “Clickwrap” agreements - agreements…
Commercial Disputes Weekly - Issue 203
The Commercial Court held that cargo claimants who wanted to bring claims against the insurers of a ship that sunk whilst carrying their cargo were…
Court of Appeal confirms Guy Lam applies to an arbitrable petition debt, set-off or cross-claim
The Court of Appeal recently issued two judgments in Re Simplicity & Vogue Retailing (HK) Co. Limited [2024] HKCA 299 (the CFI decision previously…
The ACAS (Flexible Working) Arbitration Scheme: your questions answered
The ACAS (Flexible Working) Arbitration Scheme is a specialised arbitration scheme designed to assist employers and employees resolve disputes…
Dispute Resolution clauses: the case for international arbitration in cross-border M&A
An essential requirement of any cross-border M&A contract is a clearly drafted dispute resolution clause. Without it, parties can end up spending a…
Federal Court to take a cautious approach to "soft" class closure where opposed
The Federal Court has dismissed an application seeking "soft" class closure orders prior to mediation where the orders were strenuously opposed by the…
What Does the GEICO Decision Mean for New Jersey Providers?
The Third Circuit Court of Appeals held in a recent precedential case that the court must compel arbitration between Government Employees Insurance…
Stay a while: the interplay between winding-up proceedings and the mandatory stay provisions under the BVI Arbitration Act
The recent decision of the BVI Commercial Court (the "Court") (the Hon. Justice Ingrid Mangatal (Ag.)) in Kenworth Industrial Limited v Xin Gang…
Key 2023 Statistics from Major PRC Arbitral Institutions: A Comparative Overview
Most of the leading arbitral institutions in the Mainland PRC experienced strong growth in 2023, according to the most recent statistics…
Arbitration award set aside for serious irregularity - a spotlight on the role of arbitration in large value claims involving state entities
The Federal Republic of Nigeria v Process & Industrial Developments Ltd [2023] EWHC 2638 (Comm) was a rare successful application under section 68 of…
Alternative Dispute Resolution: Consultation launched by Rules Committee
The Civil Procedure Rules Committee has published a consultation about proposed changes to rules governing alternative dispute resolution (“ADR”). In…
The Legacy of Re Guy Lam Lives on
The landmark Court of Final Appeal (“CFA”) decision of Re Guy Lam has generated numerous articles written by practitioners and academics on the…
Sanctioned Russian parties breaching arbitration agreements: Landmark German court decision provides for extra-territorial declaratory relief
German arbitration law provides a rarely used remedy in the form of Section 1032(2) German Code of Civil Procedure (CCP). This provision allows…
Arbitrators can calculate damages on the basis of “honest guesswork” if there is insufficient evidence
Recently, in the case of COBRA Instalaciones Y Servicios v. Haryana Vidyut Prasaran Nigam Ltd, the Delhi High Court (DHC) upheld the quantification…
国际仲裁中第三方资助的发展现状和观察
随着贸易和资本全球化，国际商事仲裁已经成为国际争议解决的首选方式。国际商事仲裁因具有效率高、保密性强、专业度高等诸多优点受企业和当事人青睐，但随之而来的高昂仲裁费用却也成为了许多企业和当事人的负担。无力支付仲裁费用的企业和当事人难以应对旷日持久的讼争，甚至被迫放弃合法合理的主张。如陈美兰法…