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The Most Important Clause In Any Commercial Contract In Vietnam - Get Your Dispute Resolution Clause Right!
Most contracts in North America and Europe specify in detail all of the parties’ obligations and will be closely watched for the effectiveness of its
Adverse Adjudication on the Merits Deprives Plaintiffs of PAGA Standing
In Rocha v. U-Haul Co. of Cal., the California Court of Appeal held that a plaintiff asserting a PAGA claim does not have standing to pursue a PAGA
A right to be heard - Hong Kong court says it need only be "reasonable"
Parties to an arbitration only need to be given a "reasonable" opportunity to present their case and to address the cases of their opponents under
Potential Claims for Compensation against Russia following its Invasion of Ukraine- Part III: Alternative Avenues of Redress for Foreign Investors
Russia's illegal invasion of Ukraine and the ensuing war has had profound humanitarian consequences affecting the lives of millions of people in
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Hon’ble Delhi High Court stated in its judgement that if the award is passed in violation of the provisions of the Transfer of Property Act or in
La médiation en Propriété Intellectuelle, dans quels cas ?
Le processus de médiation est tout à fait adapté lorsqu’il s’agit d’un différend relevant de la propriété intellectuelle et dont les objectifsenjeux
California Employment Law Notes
Hanin Atalla and Erik Lund had a social relationship and became “close friends” before Atalla began working at Rite Aid where Lund worked as a
Mining in the Courts, Vol. XIII
La 13e édition annuelle de la publication Mining in the Courts fournit une mise à jour complète sur les développements juridiques concernant le
What’s in a Clause: What to Consider when Adopting an Arbitration Clause in Construction Contracts
Many in the construction sector are hesitant to dwell on dispute resolution clauses. After all, when your goal is to build something together
Ukraine: Recognition and enforcement of ICSID awards
On September 2, 2022, the Supreme Court of Ukraine had to decide whether the New York Convention applies to the enforcement of awards in Ukraine
FINRA Proposes Changes to Arbitrator List Selection Process
The Financial Industry Regulatory Authority (FINRA) recently proposed several rule changes aimed at “providing greater transparency and
Adjudication: ODACC releases third Annual Report
Ontario Dispute Adjudication for Construction Contracts (ODACC) has issued its third Annual Report (the Report) for the 2022 fiscal year, running
How Final Is a Final Award? Turns Out, It Is Difficult to “Escapes!” a Final Arbitration Award in a Construction Conflict
How final is a final arbitration award? In Escapes! To the Shores Condominium Association, Inc., et al. V. Hoar Construction, LLC, and Architectural
California Court of Appeal Holds That a PAGA Plaintiff Maintains Standing to Assert Representative Claims Even When Individual Claims Are Compelled to Arbitration
On February 2, 2023, the California Court of Appeal issued an important follow-up decision to the United States Supreme Court’s decision in Viking
Hong Kong Court Refuses to enforce award due to “grossly unfair and unjust” procedure
The Hong Kong Court of First Instance has refused to enforce an arbitral award because the procedure adopted by the tribunal was so “seriously
Hong Kong Court sets high bar in setting aside arbitral awards: Insight from the latest rulings
Hong Kong is internationally renowned as a pro-arbitration jurisdiction in upholding arbitration agreements and enforcing arbitral awards. Despite
Is it possible to settle the disputes related to IP rights by Commercial Arbitration in Vietnam?
Recently, international commercial arbitration tends to broadly accept the settlement of disputes related to intellectual property (“IP”) rights by
Tranh chấp liên quan đến quyền sở hữu trí tuệ có thể được giải quyết bằng Trọng tài thương mại tại Việt Nam không?
Gần đây, Trọng tài thương mại quốc tế có xu hướng chấp nhận rộng rãi việc giải quyết các tranh chấp liên quan đến quyền sở hữu trí tuệ (“QSHTT”) bằng
Commercial Disputes Weekly - Issue 155
The Supreme Court has given Ukraine permission to defend a claim brought against it for non-repayment of instalments of a loan that was in the form
No post award security for the losing party in arbitration
Khaitan Legal Associates recently represented Punj Llyod Limited ("PLL") before the Bombay High Court and Supreme Court of India in a post award
ASIC urges superannuation trustees to review dispute process
In December 2022, ASIC released two reports regarding internal dispute resolution (IDR) processes and superannuation trustees: Report 751 Disputes
Potential Claims for Compensation against Russia following its invasion of Ukraine Part II : Claims Relating to Russia’s Domestic Measures against Foreign Investors
Russia's illegal invasion of Ukraine and the ensuing war has had profound humanitarian consequences affecting the lives of millions of people in
Oon & Bazul Welcomes 5 New Equity Partners
Oon & Bazul LLP (“Oon & Bazul”), one of Singapore’s leading independent conflict-free law firm, is pleased to announce the promotion of 5 Senior
California employers, it’s not too late to get on track for 2023
It’s never a dull moment in California. If you have gone astray with tackling your list of 2023 priorities, we will help you get back on track. Below
State Law Can Serve as a Backstop to the Federal Arbitration Act
Since the Supreme Court’s decision in Southwest Airlines Co. v. Saxon, many employers have seen an uptick in plaintiffs seeking to avoid arbitration
Potential Claims for Compensation against Russia following its invasion of Ukraine: Part II
Russia’s illegal invasion of Ukraine and the ensuing war has had profound humanitarian consequences affecting the lives of millions of people in
Singapore Arbitration: Singapore Courts Continue to Be Reluctant to Set Aside Arbitral Awards
Last week, in the third of a string of such cases this year, in CWP v. CWQ 2023 SGHC 61, the High Court of Singapore refused to set aside an
Supreme Court hears oral argument in cases involving stays pending appeals of orders denying motions to compel arbitration
This morning we attended the Supreme Court’s oral arguments in Coinbase, Inc. v. Bielski. The issue presented in Coinbase is a procedural one, but of
Escaping Sovereign Immunity Through Arbitration Treaties
Sovereign Immunity presents a challenge to business transactions with state-owned (or closely related) entities. It can also present challenges when
PODCAST JAMS Neutrals Discuss How to Optimize Neutral Evaluation
In this podcast, JAMS neutrals Hon. Robert L. Dondero (Ret.), Hon. Allyson K. Duncan (Ret.) and Hon. Gregory M. Sleet (Ret.) explain the advantages