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The Investment Treaty Arbitration Review: observance of obligations
The debate about the seemingly innocuous 'observance of obligations' or 'umbrella' clause2 is ongoing, despite those who would believe that there is
Dispute Resolution and M&A and Criminalisation of Civil Disputes
Because of the covid-19 pandemic, the initial period of 2020 witnessed a slowdown in economic activity and, consequently, in M&A transactions
Are Sales Investments?
On 2 September 2021, the Grand Chamber of the Court of Justice of the European Union handed down its ruling on a request for a preliminary ruling from
New Draft for Modernising China’s Arbitration Law - Signal for Internationalisation Instead of Decoupling?
The current Arbitration Law of the People’s Republic of China (the “Arbitration Law)” was promulgated in 1994. Except for rather cosmetic amendments
DIFC-LCIA Arbitration Centre subsumed into DIAC
In a move to strengthen Dubai’s position as a global centre for alternative dispute resolution, on 14 September 2021, the Ruler of Dubai issued Decree
Employer Update
On September 15, 2021, the Ninth Circuit issued a decision in Chamber of Commerce v. Bonta concerning arbitration
Yes, its groundbreaking, but what does it mean for you? A rough guide to the implications of Decree 34 for parties in arbitration in Dubai
Parties in the process of arbitrating disputes, thinking of commencing arbitration, or even thinking of including arbitration provisions in a contract
Moldovan Supreme Court: Execution of Enforcement Title Falls Outside the Scope of the New York Convention
On 26 May 2021, the Supreme Court of the Republic of Moldova (the “Supreme Court”) decided that the procedure for execution of an enforcement title
The Road Less Travelled: Why Arbitration is an Increasingly Attractive Alternative for Resolving IP Disputes
Holders of IP rights, including patents, copyrights, trademarks, and trade secrets, have traditionally filed IP-related disputes in court, and there’s
How do the International Court of Arbitration enforce their decision in commercial properties?
Arbitration process can be understood as an alternate dispute resolution process wherein the disputing parties voluntarily choose an arbitration forum
Paris Arbitration Week: Protecting Your Interest Through Interim Relief From Mainland Chinese Courts
During the Paris Arbitration Week, HKIAC held a webinar on “Protecting your interest through interim relief from Mainland Chinese courts”, two years
Recent Trends in Most Favoured Nation Clauses in International Investment Agreements
From the turn of the century, international treaties have undergone numerous changes to reflect the necessity to incorporate suitable legal measures
Paris Arbitration Week: Arbitration in the BVI, an up-and-coming hub in the Caribbean
When you think about the British Virgin Islands (BVI), you probably have a very good image of the sea, sand, beautiful views and maybe some very much
UNCITRAL 2021 Expedited Arbitration Rules Entered Into Force
On 19 September 2021, the 2021 Expedited Arbitration Rules (“Expedited Rules“) entered into force. These were adopted by the United
ERGO Analysing Developments Impacting Business: Maintaining Balance of Power - Court’s Entertainment of Interim Relief Applications After Constitution of Arbitral Tribunal
Over the past few years, Indian courts have actively taken a pro-arbitration stance and emphasised on minimum judicial interference in arbitral
The Arbiter International Disputes Newsletter
In Tibermede v Graham & Co (1921) 7 Ll.L.Rep. 25 a charterer hired a freighter. It seems that, when the time came to load it, the charterer
UNCITRAL 2021 Seri Tahkim Kuralları Yürürlüğe Girdi
Birleşmiş Milletler Uluslararası Ticaret Hukuku Komisyonu (UNCITRAL) tarafından 9 Temmuz 2021’de kabul edilen Seri Tahkim Kuralları
Ninth Circuit Upholds California’s Ban on Mandatory Arbitration of Employment Disputes
On October 10, 2019, Governor Gavin Newsom signed into law California Assembly Bill 51 (“AB 51”), with an effective date of January 1, 2020. AB 51
Ninth Circuit Restores California’s Ban on Mandatory Employment Arbitration Agreements
On September 15, a Ninth Circuit panel in a 2-1 decision vacated a preliminary injunction, which has blocked enforcement of California Assembly Bill
New Digital DR Rules (UK construction focus)
Smart contracting's commercial allure was bolstered by The Law Commission's consultation on smart legal contracts and
9th Circuit Largely Upholds California's Ban on Arbitration Agreements as a Condition of Employment
On September 15, 2021, the 9th Circuit in Chamber of Commerce of the US v. Bonta reversed (2-1), in part, a preliminary injunction and held that
Snapshot: enforcement of foreign arbitral awards in the Cayman Islands
Foreign arbitral awards may be enforced relatively quickly and easily in the Cayman Islands and the Cayman Islands Courts are willing to assist with
Decree No. 34 of 2021 - another step forward for arbitration in Dubai
On 14 September 2021, His Highness Sheikh Mohammed bin Rashid Al Maktoum, the Ruler of Dubai, issued Decree No. 34 of 2021
The Investment Treaty Arbitration Review: expropriation
Expropriation is generally understood as the host state's taking of property belonging to a foreign investor. Expropriation itself is not illegal per
UNCTAD publishes report on investor-state dispute settlement cases in 2020
The United Nations Conference on Trade and Development (“UNCTAD“) has recently published its report (available here) on investor-state dispute
Mediation Can Resolve Land Use Disputes
If you want to change the way land is used in Ontario, you must almost always obtain municipal approval. You will face a lengthy hearing process if a
CEDR’s Complete Guide to Workplace Mediation
This guide is designed to help individuals responsible for addressing Employee conflict within an organisation achieve better outcomes for Employee
Arbitration Clauses - choose words carefully
The recent judgment in Kinli Civil Engineering Ltd v Geotech Engineering Ltd, HCA 21412020, is a reminder of the importance of choosing words
DIAC takes it all: the integration of Dubai’s arbitration institutions
On 14 September 2021 Decree No. 34 of 2021 (the “Decree”) was issued in Dubai in respect of the Dubai International Arbitration Centre (“DIAC”
California again attempts to outlaw the mandatory arbitration of employment disputes
California has a long history of animosity towards the arbitration, rather than litigation, of disputes arising in both the employment and consumer