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Commercial Arbitration

Winstead PC

To arbitrate or not to arbitrate? That is the question.

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It's commonplace for commercial contracts to contain arbitration clauses. But should they? The answer to this question depends on several factors, such as anticipated cost, the importance of confidentiality, the importance of...more

BCLP

HK Court Overrules Arbitrator’s Decision in Jurisdictional Challenge

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In AAA, BBB, CCC v DDD (HCCT 39/2023) [2024] HKCFI 513 (date of decision: 16 February 2024), the Hong Kong Court of First Instance (“the Court”) provides much welcomed guidance on the situation where there is a group of...more

Bradley Arant Boult Cummings LLP

The Finality of Arbitration: Supreme Court of South Carolina Curbs Arbitration Panel’s Authority

One of the several attractive aspects of arbitration is the finality of the decision. With limited grounds to appeal or vacate an arbitration award, litigants can generally expect a final award to end any controversy between...more

Bennett Jones LLP

Another Brick in the Wall: British Columbia Court of Appeal Confirms Framework for Determining Arbitral Jurisdiction

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For many reasons, including delays in the litigation system, choice of decision-maker and procedural flexibility, arbitration appears to be increasing in popularity as a means to resolve commercial disputes. But what happens...more

Bennett Jones LLP

How (Not) to Inadvertently Waive Your Right to Arbitrate

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The recent Ontario Court of Appeal decision in RH20 North America Inc v Bergmann, 2024 ONCA 445 serves as useful reminder that a party can inadvertently waive its right to arbitrate a dispute if the party takes a step in the...more

Bennett Jones LLP

Alberta Court Articulates Important Exceptions to the Kompetenz-Kompetenz Principle and the Scope of Arbitration Clauses

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A recent decision of the Alberta Court of King’s Bench in Orica Canada Inc v ARVOS GmbH, 2024 ABKB 97 [Orica] has attracted considerable attention among members of the arbitration bar. In it, the Court of King’s Bench...more

WilmerHale

Draft Bill for the Modernization of German Arbitration Law

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Germany is in the process of renewing its arbitration law, which in its current version dates from 1997. In April 2023, the German Federal Ministry of Justice (the “Ministry”) published a Key Issues Paper, identifying...more

McGlinchey Stafford

Can a Non-Signatory Be Compelled to Arbitrate? - McGlinchey Commercial Law Bulletin - January 26, 2024

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Conditions Precedent- In this appeal, the Eighth Appellate Court affirmed in part the trial court’s determination that Defendant breached its contract with Plaintiff disagreeing with Defendant-appellant that Plaintiff failed...more

Skadden, Arps, Slate, Meagher & Flom LLP

Arbitrator Ethics and the Panama Canal Case: the Eleventh Circuit Rejects an “Evident Partiality” Challenge to an Arbitration...

Users of commercial arbitration — particularly those that employ the top institutional rules, such as those of the ICC or ICDR-AAA — have a number of basic expectations. They want their dispute to be decided by competent,...more

Bradley Arant Boult Cummings LLP

Louisiana District Court Denies Motion to Compel Arbitration Pursuant to DIFC-LCIA

A U.S. federal district court refused to compel arbitration in a contractual dispute concerning the supply of materials, products, and services for an oil and gas project being performed by defendants in Saudi Arabia. The...more

Pillsbury Winthrop Shaw Pittman LLP

Making Japan a More Attractive Center for International Arbitration

Since 2017, Japan has been actively working to promote international arbitration. The updates to the Arbitration Act of Japan should help boost the country’s popularity as an arbitration seat....more

JAMS

How International Commercial Arbitration Can Be More Efficient, Speedier, and Less Costly

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International commercial arbitration is often and accurately criticized for being too slow and expensive. However, delays and exorbitant costs in these cases are not inevitable; they are the result of intentional but...more

Bennett Jones LLP

Arbitration Angle - 2023 Edition - Reflecting On A Year Of Decisions And Looking Ahead

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UN Member States Adopt Code of Conduct for Arbitrators in Investor-State Disputes - At its 56th annual session held in Vienna in July 2023, the United Nations Commission on International Trade Law (UNCITRAL) formally...more

WilmerHale

Chambers Global Practice Guides - International Arbitration 2023 - England & Wales

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In 2023, the international arbitration landscape is dominated by macroeconomic factors. The inflationary pressures combined with price volatility and the use of sanctions by governments following Russia’s invasion of Ukraine...more

WilmerHale

Chambers Global Practice Guides - International Arbitration 2023 - Global Overview

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In 2023, the international arbitration landscape is dominated by macroeconomic factors. The inflationary pressures combined with price volatility and the use of sanctions by governments following Russia’s invasion of Ukraine...more

IMS Legal Strategies

Visual Storytelling in Complex Arbitration – IMS Insights Podcast Episode 65

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Our podcast guest, Clea Bigelow-Nuttall, is a partner at Pinsent Masons’ London office who specializes in commercial and investment arbitration, including the mining and energy sector. She joins IMS | Z-Axis Consultant &...more

JAMS

Arbitrating With Nonsignatories: Celebrity Edition

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Kim Kardashian and Tiger Woods are international celebrities, and they have something else in common. Both have been involved in disputes regarding arbitrating with nonsignatories to an arbitration agreement. The idea of...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

Miles Mediation & Arbitration

Welcoming Reform: An Overview of Tennessee’s Revised Uniform Arbitration Act

Pet owners know from personal experiences that treats are indispensable while training fur babies. A teaspoon of peanut butter goes a long way while instructing them to sit or perform a heartwarming “high five.” Similarly,...more

Bennett Jones LLP

Arbitration, Court and Interim Injunctions: The Tricky Issue of Jurisdiction

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The recent Court of King's Bench of Alberta decision in 2329716 Alberta Ltd v. Randhawa [Randhawa] considered whether the court has jurisdiction to hear an interim injunction where the contracting parties agreed to resolve...more

White & Case LLP

Qatar Financial Centre: Court Clarifies its Jurisdiction in relation to Arbitrations seated in Qatar

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A recent court case by the Civil and Commercial Court of the Qatar Financial Centre clarified the Court's jurisdiction to support arbitrations seated in Qatar. Parties not established in the Qatar Financial Centre must agree...more

Orrick, Herrington & Sutcliffe LLP

New Saudi Center for Commercial Arbitration Rules

With Revamped Rules, the Saudi Center for Commercial Arbitration Announces Not Only Its Commitment to Vision 2030 but Also Its Commitment to Aligning Itself with International Best Practices for Administering Institutions...more

K&L Gates LLP

The Saudi Center for Commercial Arbitration Adopts New Arbitration Rules

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The Saudi Center for Commercial Arbitration (SCCA) recently issued a new and updated set of arbitration rules (SCCA Rules 2023). Overall, the product is an enhanced, modern set of rules that aim to allow for more efficient...more

Bennett Jones LLP

An Arguable Case May Be All You Need to Go to Arbitration in Ontario

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In the recent Ontario Court of Appeal decision in Husky Food Importers & Distributors Ltd. v. JH Whittaker & Sons Limited, 2023 ONCA 260, the Court addressed the question of what standard of proof a party would need to meet...more

Hogan Lovells

Saudi Center for Commercial Arbitration publishes updated arbitration rules

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Saudi Arabia has taken a number of steps over recent years to modernize its arbitration laws, as well as establishing the Saudi Center for Commercial Arbitration (the "SCCA") in 2016. This is part of the Kingdom's vision of...more

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