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Arbitration International Arbitration

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
BCLP

The IBA Site Visit Protocol: A framework for Avoiding Disputes Within Disputes

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Site visits can play an important part in construction arbitration, allowing the tribunal to gain a clearer understanding of the works in dispute. However, agreeing the terms of a site visit can be a contentious process...more

White & Case LLP

Keeping up with the times: The Government of India proposes new arbitration law reforms

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Over the last decade, India has taken significant steps to strengthen its arbitration law to help establish itself as a global hub for international arbitration and to provide greater certainty to investors regarding...more

K&L Gates LLP

Arbitration World: International Arbitration in the Baltic States–Part 2

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In episode two of our Baltic States series, Ian Meredith is joined by speakers from Ellex Valiunas - Vilija Vaitkute Pavan, Dr. Tadas Varapnickas, and Simona Budreikaitė - to discuss the topical and investment related issues...more

K&L Gates LLP

Arbitration World: International Arbitration in the Baltic States–Part 1

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The first episode in our two-part Baltic States series, Ian Meredith is joined by speakers from Ellex Valiunas - Vilija Vaitkute Pavan, Dr. Tadas Varapnickas, and Simona Budreikaitė - who offer an overview of international...more

IR Global

The human touch - AI’s role in commerce - The Visionaries

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The Productivity Paradox: Does more technology mean less growth? Is there scope to use AI in commercial contracts? Will it save time, or ultimately cost more time in review and pose greater risk?...more

Skadden, Arps, Slate, Meagher & Flom LLP

The India-UAE Bilateral Investment Treaty: A Step in the Right Direction?

I. INDIA’S HISTORY WITH BILATERAL INVESTMENT TREATIES 1. Bilateral investment treaties (“BITs”) are agreements between countries that provide protections to investors from one state investing in the other (the “host...more

Bennett Jones LLP

Ontario Court of Appeal Strikes Important Balance in Applying Exceptions to the Kompetenz-Kompetenz Principle

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Last week, the Ontario Court of Appeal released its decision Lochan v Binance Holdings Limited, 2024 ONCA 784 [Binance], in which it refused to stay a class action proceeding in favour of arbitration. In doing so, the Court...more

Baker Botts L.L.P.

Challenging Windfall Taxes in the Energy Sector: Klesch Group & Raffinerie Heide v. Federal Republic of Germany

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On 23 July 2024, a distinguished international arbitral tribunal issued a significant decision on provisional measures in Klesch Group and Raffinerie Heide v. Germany (ICSID Case No. ARB/23/49). The three arbitrators – Mr....more

McDermott Will & Emery

IBA Launches Site Visit Model Protocol for International Arbitration

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On September 10, 2024, the International Bar Association (IBA) published the Site Visit Model Protocol for International Arbitration (the Site Visit Model Protocol). This comprehensive document sets out international best...more

Vinson & Elkins LLP

A(nother) Turning Point for Intra-EU ECT Disputes?

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Two ICSID tribunals have recently upheld Spain’s intra-European Union (EU) jurisdictional objections in two arbitrations pursuant to the Energy Charter Treaty (“ECT”). Both cases arise out of Spain’s decision to modify its...more

Mayer Brown

Pro-enforcement Approach - Mainland China Highlights Typical Cases on Enforcing Hong Kong Arbitral Awards

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Mainland China's Supreme People's Court (SPC) recently released a series of typical cases showcasing a favourable trend in enforcing Hong Kong arbitral awards....more

Seyfarth Shaw LLP

Judgment Gymnastics: Enforcing Overseas Judgments and Arbitration Awards in the U.S.

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Perhaps you represent a U.S. company that is entering into a contract with an overseas entity, or vice versa. You are contemplating whether the contract should provide for arbitration or litigation in the event of a dispute....more

A&O Shearman

The planned modernization of German arbitration law brings a few specific improvements

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The plans to modernize German arbitration law have moved forward in the form of the government bill (Regierungsentwurf) submitted to the German Parliament (Bundestag) on October 9, 2024 (available here). The Bundestag is due...more

Proskauer - Minding Your Business

Reform of the English Arbitration Act 1996: The Arbitration Bill in its New Form

We are keeping an eye on the progress of the reform of the English Arbitration Act 1996. The Arbitration Bill, first introduced in November 2023, was designed to update the Arbitration Act 1996 and reinforce England’s...more

TransPerfect Legal

Arbitration in the Age of AI: Insights Into How AI Will Revolutionise and Transform Legal Workflows in Arbitration

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Over the past year, the TransPerfect team has attended numerous arbitration events, including International Disputes Weeks in Dublin and London to Arbitration Weeks in Perth, Paris, Toronto, and Hamburg. Across countless...more

K&L Gates LLP

Arbitration World: Interstate Arbitration Part 2

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In the second episode of our Interstate Arbitration series, Ian Meredith continues the conversation with Professor Stephen Minas. In this episode we will dive into some specific aspects of interstate arbitration. Ian and...more

K&L Gates LLP

Arbitration World: Interstate Arbitration Part 1

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In this first episode of our Interstate Arbitration series, Ian Meredith talks with Professor Stephen Minas of Peking University Transnational Law School, to introduce the general ins and outs of interstate (or State vs...more

Mayer Brown

The Dawn of Ad Hoc Arbitration in Mainland China: A Real Possibility?

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Mainland China has embarked on a process of aligning its arbitration practice more to international norms, notably through the introduction of ad hoc arbitration. This form of arbitration is widely recognised for its...more

WilmerHale

Nonarbitrability and Mandatory Rules: Brothers, Not Twins

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Notwithstanding the lack of clear legislative intent, Belgian judges have unilaterally prohibited the arbitration of exclusive distribution disputes, unless a specific Belgian pro-distributor statute was applied or unless...more

Cooley LLP

UK Supreme Court Upholds Anti-Suit Injunction in Support of French Arbitration

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In UniCredit Bank GmbH v. RusChemAlliance LLC, the UK Supreme Court confirmed the general common law rule that a choice of governing law for a contract as a whole will apply to an arbitration agreement within the contract,...more

Vinson & Elkins LLP

Guide to Arbitral Institutions and the Seat of Arbitration in Republic of Uzbekistan

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When parties plan to resolve disputes by arbitration, there are several key considerations regarding procedure. In the third of a multi-part series, we look at two key features to consider when drafting (and applying) your...more

JAMS

Mastering the Art of Construction Dispute Resolution Clauses - A neutral’s perspective on drafting ADR agreements

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Many neutrals may assume that they have little need for skills in drafting dispute resolution clauses. If so, they are wrong. In fact, there are good reasons why all ADR participants—including the neutrals—need experience in...more

Jenner & Block

Amendments to the English Arbitration Act on Hold

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In our September 2023 newsletter, we wrote about proposed amendments to the English Arbitration Act as it approaches its 30th anniversary. The proposed amendments were seen as very light touch, but included changes to: -...more

Morgan Lewis

Russia Limits Enforcement of International Arbitration Awards Rendered by ‘Unfriendly’ Arbitrators

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The Supreme Court of the Russian Federation on 26 July 2024 issued a ruling (the 26 July Ruling) which effectively restricts enforcement of international arbitration awards against Russian parties rendered by arbitrators from...more

Latham & Watkins LLP

Chambers Global Practice Guides: International Arbitration 2024 - Hong Kong

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Arbitration is a popular mode of alternative dispute resolution in Hong Kong, used increasingly in cross-border commercial disputes and among international parties. In 2023, the Hong Kong International Arbitration Centre...more

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