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Code is not law arbitration’s critical role in resolving crypto disputes
With the crypto market enduring its most significant test to date, we explore how arbitration has become the industry’s go-to forum for solving
Arbitration on the rise in Australia: acica reflects on a decade of growth
The Australian Centre for International Commercial Arbitration (ACICA) has released its report: ‘Reflections on the Last Decade of Activity at ACICA’
Galadari Highlights: Dubai Arbitration Week Nov 2022
Dubai Arbitration Week 2022 was a hit. Not only was it very well attended by arbitration lawyers and pundits gathered from all four corners of the
Litigation Funding:Third-party funding in international arbitration
While international arbitration spans multiple types of claims, overlapping jurisdictions and legal regimes, there are some commonalities to consider
IBA focuses in on small value claims in investment arbitration
According to UNCTAD, there have been at least 116 investment arbitrations where the claimant has sought compensation in excess of USD 1 billion
Permanent Court of Arbitration Opens Representative Office in Vietnam
On November 24, 2022, Secretary-General of the Permanent Court of Arbitration (PCA) Marcin Czepelak and leaders of Vietnam’s Ministry of Foreign
ICC decision on liability in case of pursuing action in courts notwithstanding a valid Arbitration clause
In Turkey, parties of a dispute tend to resort to courts even if they have a valid arbitration clause for the respective dispute. In the Final Award
The usual suspects project: deciphering decision-making in arbitrator selection
The Hong Kong International Arbitration Centre (HKIAC) and Cortex Capital have launched a collaboration called ‘The Usual Suspects Project’ with the
2022 soas arbitration in Africa survey reveals a thriving market for arbitration on the continent
The School of Oriental and African Studies recently published the third iteration of its Arbitration in Africa Survey Report in October 2022 (here
Arbitrator Should Decide Whether NY Or CA Law Should Apply
A California court has ruled that an arbitrator (not a judge) should decide on the applicability of California Labor Code Section 925 to a dispute
工商時報_名家評論離岸風電行政契約的履約爭議解決途徑
2020年起因COVID-19疫情各行各業和全球供應鏈大受影響台灣離岸風電工程也不例外第一階段第二階段各風場原定於20212022完工期程許多遭遇疫情導致工程延宕因此分別向經濟部提出展延申請
Will mediation have a greater role to play for businesses during recession?
For a business in the throes of a commercial dispute, the financial strain of legal action is bound to weigh heavy, and so where possible, most will
Employer Waived Right To Arbitration By Failing To Timely Pay Arbitration Fees
Rosa M. Quincoza Espinoza sued her former employer, Centinela Skilled Nursing & Wellness Centre West, LLC, for discrimination and retaliation. The
Congress Passes Speak Out Act, Banning Certain Prospective Non-Disclosure Agreements (US)
Earlier this year, we reported that Congress amended the Federal Arbitration Act to preclude compulsory binding arbitration of sexual assault and
Commercial Disputes Weekly - Issue 140
The Admiralty Court has considered the application of the collision rules to an incident in which a damaged vessel, the Panamax Alexander, was
Hong Kong enacts new rules permitting outcome-related fee structures
Singapore enacted amendments to its Legal Profession Act earlier this year, allowing lawyers and clients to enter into conditional fee agreements
California Employment Law Notes
Joyce Allen worked at Staples as a field sales director (FSD) reporting to area sales Vice President Bruce Trahey; FSD Charles R. Narlock also
The approach of courts in England & Wales to violations of international public policy
Under the New York Convention, the jurisdictions in which annulment of an international arbitral award may be sought are limited to the place where
Swearing an Oath Remains a Requirement for Witnesses in Onshore UAE Arbitration
A recent judgment of the Dubai Court of Cassation confirms that it is a mandatory requirement for factual and expert witnesses in arbitration seated
In the Blink of an Eye
In 2012, JAMS opened its Resolution Center in Miami. At the time, the then-33-year-old company’s decision to enter into South Florida’s mature
Enforcement of ICSID Convention Awards: Positive “Wind of Change” from Ukraine’s Highest Court in the Kazmin v. Latvia Saga
ICSID Convention awards are subject to a streamlined recognition and enforcement procedure pursuant to its Article 54(1): "Each Contracting State
A new Gencon for a modern maritime adventure
A century ago, the then-named Documentary Council of the Baltic and White Sea Conference first released its Uniform General Charter. The contracting
Arbitration: Stay of Legal Suit and Anti-Arbitration Injunction in Malaysia
The application of anti-arbitration injunctions remains relatively uncommon in Malaysia but in recent times has been granted such as in the Malaysian
Ontario Court of Appeal Reaffirms Narrow Power to Set Aside Arbitration Award for Lack of Jurisdiction
In its recent decision Mensula Bancorp Inc. v. Halton Condominium Corporation No. 137,1 the Ontario Court of Appeal confirmed that the judicial
Arbitration or Litigation? A Few Things to Consider
When considering a proper dispute resolution forum for a contractual arrangement between the parties incorporated or operating in different
Changes to Victoria’s Farm Debt Mediation Act
On 1 December 2011, the Farm Debt Mediation Act 2011 (Vic)(FDMA) was introduced in Victoria. The purpose of the Act is to provide for the efficient
Another one bites the dust: the Fiona Trust principle again sees off NDK’s case before the English Commercial Court
In NDK Ltd v HUO Holding (No 2) 2022 EWHC 2580 (Comm), the English Commercial Court dismissed NDK’s section 67 challenge brought against an LCIA
War & Peace: Enforcement of International Arbitral Awards in Canada in an Age of Monetary Sanctions
The Alberta Court of King’s Bench recently provided guidance on the practical application of the economic
Public Policy and Good Morals: Setting Aside Arbitral Awards in Thailand
The grounds on which a Thai court may set aside an arbitral award are set out in section 40 of the Arbitration Act B.E. 2545 (2002) ("Arbitration
The Modernisation of the Energy Charter Treaty: So Close, And Yet So Far
On 22 November 2022, the Energy Charter Conference is expected to vote on the proposed modernisation of the Energy Charter Treaty (the “ECT” or the