News & Analysis as of

Arbitrators Arbitration Procedural Rules

Carlton Fields

Oregon District Court Denies Motion to Compel Arbitration, Finds It Involves Procedural Questions Best Left to Arbitrators

Carlton Fields on

In Sacramento Drilling Inc. v National Casualty Co., the U.S. District Court for the District of Oregon addressed an amended motion to compel arbitration brought by defendant National Casualty Co. seeking to limit arbitration...more

Vinson & Elkins LLP

Guide to Arbitral Institutions and the Seat of Arbitration in London

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

Troutman Pepper

JAMS Issues New Mass Arbitration Procedures

Troutman Pepper on

On May 2, JAMS announced its new Mass Arbitration Procedures and Guidelines and Mass Arbitration Procedures Fee Schedule (together, the Procedures), with the express goal to “facilitate the fair, expeditious and efficient...more

Miles Mediation & Arbitration

Arbitrating at Miles: Miles’ Arbitrators Weigh in on Trends and How to Prepare for Your Hearing

Over the past year, Miles Mediation & Arbitration has revamped and expanded its Arbitration Division to make arbitrations more convenient and cost-effective for the parties involved. Miles now has nearly four dozen...more

McGlinchey Stafford

Codes of Arbitration Procedure: FINRA Announces Amendments

McGlinchey Stafford on

On February 6, 2024, the Financial Industry Regulatory Authority (FINRA) published Regulatory Notice 24-03, which announced certain amendments to the Codes of Arbitration Procedure (the Codes). Among those were changes to the...more

Latham & Watkins LLP

UK Arbitration Act 2.0: Government Announces Targeted Reforms

Latham & Watkins LLP on

The Arbitration Bill’s changes clarify important aspects of English arbitral law, reinforcing London’s position as a leader in international arbitration. On 21 November 2023, the UK government unveiled its long-awaited plans...more

A&O Shearman

Reform of the Arbitration Act 1996: Law Commission’s Final Report and Amendment Bill

A&O Shearman on

On 6 September 2023, the Law Commission of England & Wales published its final report on potential reforms to the English Arbitration Act 1996 (the “Act”). The report recommends making changes in six key areas, as well as a...more

White & Case LLP

Determining arbitrability of disputes in Singapore: the “composite” approach

White & Case LLP on

Traditionally, there has been a lack of clarity across jurisdictions over what law applies to determine whether a dispute is arbitrable. The Singapore Court of Appeal has now set out a novel "composite" approach, considering...more

A&O Shearman

Law Commission Releases Consultation Paper on Its Review of the Arbitration Act 1996

A&O Shearman on

In January 2022, the Law Commission of England & Wales launched a review of the Arbitration Act 1996 (the Act) as part of its 14th programme of law reform. We shared our initial thoughts on the Commission’s review earlier...more

Felicello Law PC

Avoiding a Punitive Damages Award in Private Arbitration

Felicello Law PC on

New York law is a great boon when it comes to private arbitration. The law is well-developed (and in fact served as the basis for the Federal Arbitration Act); New York is home to a plethora of experienced professional...more

Morgan Lewis

Singapore Court of Appeal Affirms the Importance of Pleadings in Arbitration Proceedings

Morgan Lewis on

The latest case of PhoenixFin Pte Ltd. and others v. Convexity Ltd. is the culmination of a series of Court of Appeal of Singapore cases setting out the significance of pleadings in arbitration. The court held that pleadings...more

Fox Rothschild LLP

Applicability of Statute of Repose Is An Issue Of Procedural Arbitrability To Be Decided By Arbitrator

Fox Rothschild LLP on

In Rummel Klepper & Kahl, LLP v. Delaware River & Bay Authority, C.A. No. 2020-0458-PAF (Del. Ch. Jan. 3, 2022), the Court of Chancery considered Defendant’s motion to dismiss and to compel arbitration. The Plaintiff and...more

Hogan Lovells

25 years of the Arbitration Act: Time for reform?

Hogan Lovells on

2021 marks the 25th anniversary of the Arbitration Act 1996. Since it came into force, the Arbitration Act has been hailed for making London an attractive destination for international arbitration. However, as competing...more

Carlton Fields

Court Affirms FINRA Arbitration Award to Charles Schwab, Finding No Evident Partiality or Other Arbitrator Misconduct

Carlton Fields on

Thomas Sanduski petitioned to vacate a Financial Industry Regulatory Authority arbitration award of $418,518 to Charles Schwab, claiming that one of the arbitrators was partial to Charles Schwab and that the panel was guilty...more

White & Case LLP

LCIA Introduces New Arbitration Rules for New Era

White & Case LLP on

On 11 August 2020, the LCIA Court formally adopted its new arbitration rules (the "2020 Rules"). The 2020 Rules will come into force on 1 October 2020 and shall apply to any LCIA arbitration commenced from that date...more

UB Greensfelder LLP

What Happens When Potential Arbitrators Don't Answer The Phone

UB Greensfelder LLP on

I think that most lawyers who handle arbitrations, no matter what side of the table they occupy, would agree that one of the most important components of the case – perhaps the most important – is the selection of the...more

Carlton Fields

Court Denies Petition to Vacate Arbitration Award Based on Judicial Estoppel

Carlton Fields on

This case arises out of plaintiff John B. Napoleone’s failure to repay a sign-on bonus of $100,000 to his former employer, defendant S2K Financial LLC, under the terms of his employment agreement. S2K commenced an arbitration...more

UB Greensfelder LLP

Dog Bites Man: FINRA's Proposed Amendments To Code Of Arbitration Procedure Put Customers' Interests Ahead Of Members'

UB Greensfelder LLP on

As I have mentioned before, several times, PIABA is deathly concerned with the fact that sometimes customers who prevail in arbitrations are unable to collect their awards, which typically happens when the respondent firm...more

White & Case LLP

Witness Conferencing: new CIArb Guidelines

White & Case LLP on

Witness conferencing, a process whereby two or more witnesses give evidence simultaneously, is increasingly popular in international arbitration. Despite this, there has until now been very little practical guidance on the...more

White & Case LLP

ICC Commission on Arbitration and ADR Report on Construction Industry Arbitrations

White & Case LLP on

The ICC Commission has released a new report on construction industry arbitrations, providing recommended tools and techniques for effective management of construction arbitrations. The report is intended primarily for...more

Payne & Fears

Nonparty Discovery in California Arbitration: How to Get What You Want

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Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more

Jones Day

Singapore Court Affirms Power of Arbitral Tribunals to Order Attorneys' Eyes Only Disclosure

Jones Day on

The Situation: In a recent application to set aside a Singapore arbitral award, the Singapore High Court considered whether a tribunal could order one of the parties to disclose certain documents only to the other party's...more

Mintz - Arbitration, Mediation, ADR...

“Pedal to the Metal” International Arbitration: ICC Issues Expedited Procedure Rules

In an effort to streamline arbitration proceedings where possible, the International Court of Arbitration of the International Chamber of Commerce (“ICC”) announced on November 4, 2016 that it would issue new Expedited...more

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