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Arbitration UNCITRAL Dispute Resolution

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

Smart Contracts and the Use of Arbitration to Resolve Related Disputes

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In recent years, technology advancement has introduced new methods for contract formation. In particular, the rise of blockchain technology has led to the emergence of “smart contracts”, which are digital contracts which...more

JAMS

[PODCAST] Top Considerations for Selecting International Arbitration Seats and the Rise of the U.S. as an International ADR Hub

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JAMS neutrals discuss how to navigate international arbitration in the states In this podcast, JAMS neutrals Laura C. Abrahamson, Esq. FCIArb, Robert Davidson, Esq., FCIArb, and Shelby Grubbs, J.D., FCIArb, discuss...more

JAMS

Top Considerations for Selecting International Arbitration Seats and the Rise of the U.S. as an International ADR Hub [Podcast]

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In this podcast, JAMS neutrals Laura C. Abrahamson, Esq. FCIArb, Robert Davidson, Esq., FCIArb, and Shelby Grubbs, J.D., FCIArb, discuss selecting a seat for international arbitration proceedings, the current regulatory...more

Faegre Drinker Biddle & Reath LLP

Spotlight on Investor-State Dispute Settlement at UNCITRAL’s Annual Meeting

Background - Last week, during its 56th annual commission session in Vienna, the United Nations Committee on International Trade Law (UNCITRAL) adopted several legal texts to reform ISDS procedures. As the principal legal...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

A&O Shearman

New rules for arbitration under Luxembourg law: A modern and flexible framework for dispute resolution

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On 25 April 2023, the new Luxembourg framework for arbitration foreseen by the Law of 19 April 2023 modifying the New Civil Procedure Code and reforming the arbitration entered into force....more

K&L Gates LLP

All Business is Global: The Benefits of International Arbitration

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Introduction - Whether you have a supplier or manufacturer in Asia or distributors in the European Union or South America, all successful product manufacturers do business globally....more

Orrick, Herrington & Sutcliffe LLP

Innovations in the New 2021 Swiss Rules: How Do They Fare Against the ICC and LCIA Rules?

The Swiss Rules of International Arbitration (hereinafter “Swiss Rules”) apply to all relevant proceedings in which the Notice of Arbitration was filed after 1 June 2021. They replace the 2012 version of the Swiss Rules and...more

Hogan Lovells

C v D – Hong Kong court rules on compliance with pre-arbitration procedural requirements

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In a recent anonymized judgment, the Hong Kong Court of First Instance held that compliance with an "escalation clause," a procedural requirement for the commencement of arbitration, was an issue to be decided by the arbitral...more

BCLP

Important judgment on pre-conditions in arbitration clauses

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Many modern commercial contracts contain dispute resolution clauses which submit disputes to arbitration. It is common for parties to agree to a set of pre-conditions or escalation mechanisms which have to be complied with...more

White & Case LLP

Ethiopia Modernizes Arbitration Framework

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On 2 April 2021, Ethiopia enacted a new arbitration law, known as the Arbitration and Conciliation Working Procedure, Proclamation Number 1237/2021 (the "Proclamation"), to apply to commercial domestic arbitrations and...more

BCLP

Annual Arbitration Survey 2020 - Rights of Appeal in International Arbitration

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One of the reasons why parties choose arbitration over litigation is the principle of finality – that the decision of an arbitral tribunal on the substance of the dispute cannot be appealed. An attack on the merits of the...more

Dechert LLP

COVID-19: Preparing for and Managing Disputes in the Hospitality Sector

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The COVID-19 pandemic, and the travel restrictions imposed in response, are already having a severe impact on the hospitality industry... In this briefing, we address key commercial disputes that could arise out of the crisis...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – May 2019

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Legal developments in the field of international law continue to be dynamic and expanding, through national legislation, common law and transnational tort suits, new soft law instruments and drafting exercises, institutional...more

WilmerHale

Argentina and Uruguay: A New Hope for Arbitration

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In July 2018, both Argentina and Uruguay passed new arbitration laws governing arbitrations seated in the respective countries, WilmerHale counsel Rina See and visiting foreign lawyer Tomas Ambrosini offer a comparison on the...more

Latham & Watkins LLP

Getting the Deal Through – Arbitration 2019, Hong Kong Chapter

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Multilateral conventions relating to arbitration - Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in...more

White & Case LLP

Troubled Waters of the UK's Labour Platform: Can Investment Protection and Arbitration be a Lifeline?

White & Case LLP on

Investors in the water industry in the UK are well advised to consider if their shareholding structure affords them appropriate investment treaty protection and access to investment arbitration in the event of possible...more

Latham & Watkins LLP

Getting the Deal Through – Dispute Resolution 2018 – England & Wales

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Welcome to the 2018 edition of Getting the Deal Through – Dispute Resolution. It gives us great pleasure to act as contributing editors of this publication (and co-authors of the England & Wales chapter) together with experts...more

Bennett Jones LLP

The Gulf Crisis—Could it Bring State-to-State Arbitration to the Region?

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In June 2017, Saudi Arabia, the United Arab Emirates (UAE), Bahrain and Egypt cut diplomatic, trade and travel ties with Qatar and imposed a blockade on the Gulf state, accusing it of supporting terrorism and developing a...more

Arnall Golden Gregory LLP

2nd Circuit Tilts the Scale in Favor of Discovery in Aid of Arbitration

The recent decision by the United States District Court for the Southern District of New York in In re Ex Parte Application of Kleimar N.V., No. 16-MC-355, 2016 WL 6906712 (S.D.N.Y. Nov. 16, 2016) (“Kleimar”), which allowed...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – August 2016

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The Rise of LNG Disputes - Global Trends Emerging From the Recent Cases - Introduction - Although some in the liquefied natural gas industry are generally aware of price review disputes (mostly in Europe) that...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Key Takeaways: Back to Basics - A Primer on the Differences Between Litigating and Arbitrating International Disputes"

Large, transnational corporations increasingly face the question of whether to litigate their disputes in local courts or to include in their agreements provisions providing for the resolution of disputes by alternative means...more

Locke Lord LLP

Appealing an International Arbitration Award: Drafting the International Arbitration Clause, Part 4 of 4

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It is generally accepted that an international arbitration award is final and binding. Unlike a court judgment that can be appealed for factual and legal review, an arbitration award typically can only be challenged based on...more

Locke Lord LLP

Rules for Appointing an Emergency Arbitrator: Drafting the International Arbitration Clause, Part 3 of 4

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It has long been the accepted norm in international arbitration that an arbitral tribunal has the jurisdiction to order interim measures relating to the subject matter of the dispute. It also has been long accepted that a...more

Locke Lord LLP

Arbitrator Selection in Multiparty Disputes

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Many people believe that appointing an arbitrator is the most critical decision during an arbitration. In the “typical” two-party arbitration, this objective is easily met either by choosing rules that provide for direct...more

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