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Wednesday, April 17, 2024 8:00 PM

In-Court Arbitration in Thailand: A Tool Worth Exploring?

In-court arbitration is an alternative dispute resolution (ADR) tool provided in the Civil Procedure Code (CPC) for cases that have already been…

Wednesday, April 17, 2024 8:00 PM

International arbitration: Is artificial intelligence the future of decision making?

The future role of technology and, particularly, the use of artificial intelligence in out lives has been discussed at length in recent times. But…

Wednesday, April 17, 2024 8:00 PM

Revolutionizing Resolution: The Transformative Impact of AI on ADR

In my previous article on AI in ADR, I emphasized both the opportunities and risks associated with the use of artificial intelligence in alternative…

Wednesday, April 17, 2024 8:00 PM

Supreme Court, in exercise of curative jurisdiction, sets aside arbitral award on the grounds of patent illegality and perversity

A 3 (three) judge bench of the Supreme Court of India ("Supreme Court"), while deciding a curative petition filed with regard to the decision in…

Tuesday, April 16, 2024 8:00 PM

U.S. Supreme Court Holds That Application Of The FAA’s Transportation Worker Exemption Turns Upon The Work Performed And Not The Employer’s Industry

On April 12, 2024, the U.S. Supreme Court issued its decision in Bissonnette v. LePage Bakeries Park St., LLC, Case No. 23-51 (U.S. Apr. 12, 2024)…

Tuesday, April 16, 2024 8:00 PM

DIFC Court of Appeal rules that a DIAC provisional award providing for interim relief measures is enforceable as an ‘award’

On 22 March 2024, the highest court of the Dubai International Financial Centre (‘DIFC’) rejected an appeal, ruling that a provisional award issued…

Tuesday, April 16, 2024 8:00 PM

CAP - An Evaluative Approach to Collaborative ADR

There are a number of collaborative Alternative Dispute Resolution (“ADR”) approaches, in which (an) independent, third-party neutral(s) assist(s)…

Monday, April 15, 2024 8:00 PM

Supreme Court Rules that the FAA's Arbitration Exemption is Not Limited to Transportation Industry

On April 12, 2024, the United States Supreme Court issued a decision that answers the question of whether the Federal Arbitration Act’s (FAA)…

Monday, April 15, 2024 8:00 PM

It’s Not All or Nothing: BC Court of Appeal Confirms Availability of Partial Stays for Issues Covered by Arbitration Clauses Amongst Non-Arbitrable Claims

What happens when a plaintiff brings an action where some of the relief sought falls within the scope of an arbitration clause, but the principal…

Monday, April 15, 2024 8:00 PM

Ninth Circuit Holds Warehouse Worker Qualifies as Transportation Worker Under FAA Exemption

Arbitration agreements with warehouse workers and others who play a “direct and necessary role” in the transportation of goods and people may fall…

Monday, April 15, 2024 8:00 PM

State (immunity) of confusion: two contrasting decisions on the doctrine of state immunity

Two recent decisions of the Commercial Court relating to set aside applications of ICSID award registrations, although surprisingly similar in fact…

Monday, April 15, 2024 8:00 PM

Hong Kong court refuses to impose order for security as condition for hearing anti-recognition application

In 2005, the claimants and the respondent executed an Original Equipment Manufacturer (OEM) Supply Agreement for the supply of machines by the…

Monday, April 15, 2024 8:00 PM

Construction arbitration: Navigating multi-tiered dispute resolution clauses

Disputes often present challenges. Disputes about the dispute itself only compound these challenges. Parties can aviod procedural disputes through…

Monday, April 15, 2024 8:00 PM

Food Delivery Drivers' Misclassification Suit May Be Exempt from Arbitration

The U.S. Supreme Court decided Bissonnette, et al. V. LePage Bakeries Park St., LLC, et al. On April 12, 2024. In a unanimous decision written by…

Monday, April 15, 2024 8:00 PM

Referencias Jurídicas | Abril 2024

La Dirección General de Seguridad Jurídica y Fe Pública ha resuelto, en Resolución de 19 de febrero de 2024, que una sociedad concursada, en fase de…

Monday, April 15, 2024 8:00 PM

Arbitration: Getting value for your money

Where a dispute resolution clause requires a party to pursue, or defend, arbitration proceedings, one of the first questions that we are often asked…

Monday, April 15, 2024 8:00 PM

Commercial Disputes Weekly - Issue 201

The Commercial Court has rejected an argument of state immunity to prevent a final charging order being made over a property owned by the state of…

Sunday, April 14, 2024 8:00 PM

Dispensing with the Notice under section 21 of the Arbitration and Conciliation Act, 1996 for re-commencement of arbitration proceedings

Section 21 of the Arbitration and Conciliation Act, 1996 (“the Act”) pertains to commencement of arbitral proceedings and reads as follows:…

Sunday, April 14, 2024 8:00 PM

U.S. Supreme Court Clarifies When the Federal Arbitration Act’s “Transportation Exemption” Applies

On April 12, 2024, the U.S. Supreme Court addressed whether the Federal Arbitration Act’s (FAA) transportation exemption—meaning the FAA would not…

Sunday, April 14, 2024 8:00 PM

Going Astray from Soleh Boneh? An Affirmation of the Manifest Validity Test

In 中國機床銷售與技術服務有限公司 v 國晟機電設備有限公司 [2024] HKCFI 958, DHCJ Jonathan Wong (“Judge”) examined the appropriate ambit of the guidelines …

Sunday, April 14, 2024 8:00 PM

HKIAC Statistics 2023

The HKIAC has published its statistics for 2023, with the amounts in dispute and gender diversity in arbitral appointments setting a new high…

Sunday, April 14, 2024 8:00 PM

Court refuses to enforce arbitral award for arbitrator’s failure to give reasons for decision

In A v B & Ors[2024] HKCFI751, the court refused to enforce an arbitral award. It held that objectively read and in the context of the issues raised…

Sunday, April 14, 2024 8:00 PM

Arbitral Award Annulment regarding Thuong Kontum Hydropower Project

Thuong Kon Tum Hydropower Project is one of the key national projects, invested by Vinh Son - Song Hinh Hydropower Joint Stock Company…

Sunday, April 14, 2024 8:00 PM

United States Supreme Court Clarifies, and Broadens, Definition of "Transportation Worker" under the Federal Arbitration Act.

The United States Supreme Court recently issued an opinion addressing who qualifies as a “transportation worker” under the Federal Arbitration Act…

Sunday, April 14, 2024 8:00 PM

Employer “waived” bye-bye to arbitration after litigating for 7 months

A federal appeals court recently refused to let a mortgage broker send its former employee’s disability discrimination lawsuit to arbitration…

Sunday, April 14, 2024 8:00 PM

U.S. Supreme Court Clarifies, and Broadens, Definition of "Transportation Worker" Under the Federal Arbitration Act

The U.S. Supreme Court recently issued an opinion addressing who qualifies as a “transportation worker” under the Federal Arbitration Act (FAA)…

Sunday, April 14, 2024 8:00 PM

Major changes in the 2024 CIETAC Arbitration Rules

CIETAC, one of the leading PRC arbitral institutions, has incorporated a wide range of revisions in the 2024 Rul…

Sunday, April 14, 2024 8:00 PM

Disputes as to proper parties to arbitration agreement may be reviewed by the court

In R v A, B and C [2023] HKCFI 2034, the court held that an arbitral award finding that C was the true party to an agreement and therefore in effect…

Sunday, April 14, 2024 8:00 PM

When can an arbitral award be set aside for a tribunal’s failure to deal with an issue?

In X & Anor v ZCo [2024] HKCFI 695, the court dismissed an application to set aside an arbitral award on the basis that the tribunal had failed to…

Sunday, April 14, 2024 8:00 PM

New CRCICA Arbitration Rules 2024

The Cairo Regional Centre for International Commercial Arbitration (CRCICA) Arbitration Rules 2024, came into effect on 15 January 2024. The 2024…

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