News & Analysis as of

Business Disputes Arbitration Agreements

Mayer Brown

Navigating Arbitrator Appointments in disputes caught in geopolitical crossfire

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The international arbitration landscape has been significantly reshaped in recent years, particularly in the wake of the ongoing war in Ukraine. The surge in commercial and investor-state Russia-related disputes shows no sign...more

Jones Day

Hong Kong International Arbitration Centre Updates Administered Arbitration Rules

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The Hong Kong International Arbitration Centre ("HKIAC") has released its 2024 Administered Arbitration Rules ("2024 Rules"). The 2024 Rules focus on improving the time- and cost-efficiency of the HKIAC arbitral process, and...more

Carlton Fields

South Carolina Supreme Court Vacates Award, Finds Arbitration Panel Manifestly Disregarded Statutory Law

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National Golf Management LLC sold 13 golf courses to a buyer represented by broker Andrew Waldo. NGM was represented in a previous transaction by Michael Cousins. Although Cousins had no written representation agreement with...more

Troutman Pepper

Expert Determination or Arbitration? The Delaware Court of Chancery Clarifies That Labels Are Not Dispositive

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Purchase agreements customarily contain provisions for resolving certain disputes by referring them to a third-party neutral decision-maker outside of litigation. For example, disputes over purchase price adjustments are...more

Jones Day

U.S. District Court Upholds Two Arbitral Awards Against Lima

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The recent District of Columbia District Court's decision against Lima demonstrates deference to arbitral tribunals....more

Jones Day

New Year, New Mass Arbitration Rules From the AAA

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On January 15, 2024, the American Arbitration Association ("AAA") published updates to its Mass Arbitration Supplementary Rules and Fee Schedule, aimed at streamlining the mass arbitration process and reducing costs....more

Mayer Brown

New Abu Dhabi International Arbitration Centre (arbitrateAD) to operate from February 2024

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The Abu Dhabi Chamber of Commerce and Industry (the "Abu Dhabi Chamber") recently announced that the Abu Dhabi Commercial Conciliation and Arbitration Centre ("ADCCAC") will be closed and replaced by a newly launched Abu...more

Carlton Fields

Court Refuses to Compel Arbitration Based on Dissolution of Arbitral Forum

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The U.S. District Court for the Eastern District of Louisiana recently refused to compel arbitration on the ground that the arbitral forum had ceased to exist and that a purported replacement forum was not the same forum and...more

K&L Gates LLP

Arbitration in Asia Mini-series: The Shanghai Outlook

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As part of a mini-series exploring arbitration in Asia, Ian Meredith (K&L Gates, London) speaks with Dr. Mingchao Fan, the Executive Vice President of the Shanghai Arbitration Commission (the Commission), regarding...more

Troutman Pepper

EDVA Judge Grants Emergency Motion to Stay Pending Arbitration Until Issue of Arbitrability Resolved

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On June 12, Judge Hudson granted an emergency motion to stay arbitration proceedings, pending the court’s resolution of the issue of arbitrability in a case pending in the U.S. District Court for the Eastern District of...more

Carlton Fields

Fifth Circuit Affirms Denial of Arbitration, Rejects Arbitration Provisions in “Battle of the Forms” Between Buyer and Seller in...

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The case involved the sale of mist eliminators (demisters) from MECS Inc. to Axiall Canada Inc., an owner of a Canadian manufacturing facility. A key issue involved the terms of the parties’ contractual relationship as formed...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Reaffirms that a Party May Waive Right to Arbitration Through Conduct

How long and to what extent can a party litigate in court before claiming that the dispute needs to be arbitrated? That issue has come up with some frequency in state and federal courts throughout the country....more

Carlton Fields

Ninth Circuit Affirms District Order Refusing to Compel Arbitration

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In City of Laurel, Mississippi v. Cintas Corp. No. 2, the Ninth Circuit Court of Appeals addressed the issue whether a valid arbitration agreement existed between the plaintiff City of Laurel, Mississippi, and defendant...more

DarrowEverett LLP

Morgan v. Sundance, Inc., and its Implications Pertaining to Litigants and the Right to Arbitrate

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The use of arbitration clauses and agreements is not infrequent, forcing federal and state courts to address the enforceability of such agreements on numerous grounds. Courts have created variants of federal procedural rules,...more

Hogan Lovells

“终局性还是公正性”——香港法院对仲裁裁决质疑的考量

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香港原讼法庭连续两次在裁决中驳回撤销仲裁裁决时限延迟申请,在其中一案中暗示,“为整体司法利益起见”,有必要制定法律在此方面给予法院更多自由裁量权。...more

Jones Day

Hong Kong Court: Questions of Compliance With Pre-Arbitration Requirements Should Be Decided by the Arbitrator

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The Court of Appeal has confirmed that, subject to any agreement to the contrary, the failure to comply with pre-conditions to arbitration goes to the admissibility of a claim and should be determined by the arbitral...more

Patton Sullivan Brodehl LLP

Does an Operating Agreement’s Arbitration Clause Apply to a “Purported” LLC Member?

If an LLC’s Operating Agreement contains a sufficiently broad arbitration clause, most disputes raised by the LLC’s members relating to the LLC will be sent to arbitration (instead of the court system) for resolution. But...more

Proskauer - Minding Your Business

Ecuador Welcomes Arbitration (Back)

2021 marked a new chapter for arbitration in Ecuador: after re-joining the International Centre for Settlement of Investment Disputes Convention in June, Ecuadorian Executive Decree No. 165 in August introduced Regulations to...more

Dechert LLP

Russian Supreme Court allows sanctioned parties to avoid arbitration agreements with a seat in a state imposing sanctions

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In June 2020, the Russian Arbitrazh Procedure Code was amended to vest exclusive competence in the Russian arbitrazh (commercial) courts (“Arbitrazh Courts”) over disputes involving Russian (and certain foreign) persons who...more

Jones Day

Disputes Disrupted? The Impact of Dubai's Decree No. 34 of 2021 on the Choice of Commercial Arbitration in the UAE

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In Short - The Situation: Dubai Decree No. 34 of 2021 (the "Decree") was issued on 14 September 2021 and became effective on 20 September 2021. The Decree cancelled—with immediate effect—two arbitration institutions in...more

BCLP

Interpretation of Arbitration Clauses: Does “may” arbitrate actually mean you “must” arbitrate? Are “no arbitration until...

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Where an arbitration clause provides that parties “may” submit their disputes to arbitration, does this mean that arbitration is mandatory or merely permissive? What is the effect of a proviso in an arbitration clause which...more

Farrell Fritz, P.C.

When Faced with Questions of Arbitrability, the Suffolk County Commercial Division Passes the Ball to the Arbitrator

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In a recent Commercial Division case, Justice Elizabeth H. Emerson was asked to determine whether certain parties were bound by an arbitration clause and whether that arbitration clause applied to a particular controversy—two...more

Dorsey & Whitney LLP

PRC Companies in International Arbitration (Series 1): Introduction and Background

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With the rapid development of China’s national economy, more and more PRC companies will enter occasional disputes with foreign partners in international business dealings. Depending on their bargaining positions during the...more

Hogan Lovells

New year, more views – arbitration highlights in the Year of the Ox

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As the world welcomes in the Year of the Ox, we take a look back at 10 recent decisions that made an impact in the past year. In the decisions, the courts considered fundamental issues such as when an arbitral award may be...more

Goulston & Storrs PC

Alternative Dispute Resolution Provisions

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Market Trends: What You Need to Know As shown in the American Bar Association's Private Target Mergers and Acquisitions Deal Point Studies... Originally published in Bloomberg Law....more

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