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Swiss Supreme Court confirms principle of ‘kompetenz-kompetenz’ as a rule of chronological priority
In its decision published 2 November 2020, the Swiss Federal Supreme Court (“SFSC”) upheld an arbitral award referring to the widely recognized
MTO 2021 Kuralları: Etkililik, Esneklik ve Şeffaflık için Bir Adım Daha
Milletlerarası Ticaret Odası ("MTO") 1 Aralık 2020 tarihinde 2021 Tahkim Kuralları'nı ("2021 Kuralları") yayımladı. 2021 Kuralları, 1 Ocak 2021
ICC Rules 2021: A Further Step for Efficiency, Flexibility and Transparency
The International Chamber of Commerce (“ICC“) unveiled its 2021 Rules of Arbitration (“2021 Rules“) on 1 December 2020. The 2021 Rules entered into
PRC Supreme People’s Court Releases Its Inaugural Annual Report of Judicial Review of Arbitration in China
On December 23, 2020, the PRC Supreme People’s Court (SPC) held a press conference to announce the release of a Chinese-English bilingual version of
International Arbitration in Switzerland: A revised legal framework in 2021
Effective as from 1 January 2021, the Swiss Parliament enacted a number of revised provisions of Chapter 12 of the Swiss Federal Private
PRC Supreme People's Court Releases Its Inaugural Annual Report of Judicial Review of Arbitration in China
On December 23, 2020, the PRC Supreme People's Court (SPC) held a press conference to announce the release of a Chinese-English bilingual version of
Applying Uber v. Heller - Ontario Superior Court of Justice applies unconscionability doctrine to standard form arbitration clause
In Gupta v. Cedar Homes Ltd., 2020 ONSC 6333 (“Gupta”), the Ontario Superior Court of Justice had to decide whether an arbitration clause was
California appellate court concludes lender’s arbitration provision unenforceable
On January 11, the Court of Appeals of the State of California affirmed the denial of an auto lender’s motion to compel arbitration, concluding that
Is an arbitrator conflicted? “Landmark judgment from the UKSC provides guidance as to when an arbitrator should make disclosures to the other side
The UK Supreme Court has provided welcome clarification on the English law position in relation to an arbitrator’s duties of impartiality and
Mining arbitration: recent dispute trends
Africa's economic growth has historically been linked to the fluctuation of commodity prices and it supplies significant amounts of minerals in global
Conundrum of accord and satisfaction when appointing arbitral tribunals
There are several ways in which parties can discharge their contractual obligations - for example, the doctrine of accord and satisfaction. The
The English Arbitration Act turns 25: Is it time for an update?
“The 1996 Act is not a complete code of the law of arbitration but allows judges to develop the common law in areas which the Act does not address.”
The Court of Arbitration for sport reduces Russia's doping ban to two years
Last year, the World Anti-Doping Agency (WADA's) Executive Committee ("ExCo") unanimously endorsed the recommendation of the Independent Compliance
Singaporedismissal of application to set aside ICC award for breach of natural justice andor excess of jurisdiction (CHH v CHI)
Arbitration analysis: The Singapore High Court (SGHC) dismissed an application under section 48 of the Arbitration Act to set aside a
The rise of the global expert services practice: Court of Appeal guidance on conflicts of interest and multiple instructions
The developer of a petrochemical plant appointed a consultant to provide engineering, procurement and construction management (“EPCM”) services in
Key Dispute Resolution Considerations for In-House Counsel
Many international contracts select English law and English courts (or English law together with international arbitration). The reasons influencing
Key Dispute Resolution Considerations for In-House Counsel
Many international contracts select English law and English courts (or English law together with international arbitration). The reasons
International arbitration
In this chapter of our Annual Insurance Review 2021, we look at the main developments in 2020 and expected issues in 2021 for international
The new ICC 2021 arbitration rules
The International Court of Arbitration of the International Chamber of Commerce (ICC) has revised the ICC Arbitration Rules that dated back to 2012
EU-UK Trade and Cooperation Agreement (TCA): Governance, Dispute Resolution, Enforcement
Four years after the Brexit referendum, the EU and the United Kingdom have reached an agreement on the looked at a variety of areas from services and
Virtual Perspectives Background and Lighting
Back when things were “normal,” mediations, depositions, hearings, and arbitrations involved picking out the appropriate attire and attending the
Hon. Mark Gibbons (Ret.) Joins JAMS in Las Vegas
JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce the addition of Hon
Arbitration agreement: Ukrainian case law - 2020
During the years of its independence Ukraine has become an active participant of the foreign economic activity, that is why the concept of “foreign
Virtual Perspectives Screen Real Estate
When preparing for your first virtual mediation, hearing, deposition, or arbitration you must spend time contemplating how you are going to
What happens if I am unhappy with an adjudicator's decision?
Challenge Enforcement of an Adjudicator's Decision - When a Decision is issued, if the paying party does not pay, then enforcement proceedings require
Third Circuit Holds That an Arbitration Award Was a Judicial Record and Must Be Unsealed
People often agree to arbitrate their disputes because they presume that, unlike litigation, the proceedings will be confidential. An increasing
Two Indian Parties with a Foreign Seat: Easier Enforcement, but Nothing in the Interim
Whether or not, two Indian Parties may choose to have an arbitration seated outside India has been a vexed and often debated position. On one hand
2021 ICC rules of arbitration: towards making arbitration even more attractive
On 6 October 2020, the International Court of Arbitration of the International Chamber of Commerce (the ICC Court) released a revised version of its
EPISODE 11: Acting like we have done this before: Advocacy via Zoom
Old school football fans often complain about celebrations after touchdowns grumbling “act like you have been there before.” The COVID-19 pandemic
Virtual Perspectives Muting Audio and Video
Back when things were “normal,” our surroundings gave us visual cues as to whether we were in a place where we could have a private discussion