Visual Storytelling in Complex Arbitration – IMS Insights Podcast Episode 65
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
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
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
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
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
In a recent judgment (Construction Company v Guarantor [2021] HKCFI 2558, judgment date: 17 August 2021), a Hong Kong court upheld a U.S. arbitral award made pursuant to a split dispute resolution clause. In dismissing the...more
The commercial business world is a global one, and so are the disputes that arise within it. Such disputes are adjudicated in courts in various countries or in arbitration proceedings, with each procedure regulated under...more
It’s midnight and you’re in the final stages of negotiation in a complex international transaction. It’s probably a safe bet that the last thing on your mind is dispute resolution and whether the arbitration clauses in the...more
Arbitral tribunal had jurisdiction despite the lack of an express arbitration clause. In Sonact Group Limited v Premuda Spa [2018] EWHC 3820, the English High Court confirmed that an arbitral tribunal had jurisdiction over...more
International commerce is undergoing a period of rapid, sometimes tumultuous, change. Globalisation has created new markets, new technologies, new competition and, with them, increased demand for effective mechanisms to...more
“Gateway” arbitration issues, including the validity, enforceability, and scope of an arbitration agreement, are presumptively to be decided by a court, rather than by an arbitrator. However, such gateway issues may be...more
Plaintiff, Technical Security Integration, Inc., a Washington company, sold certain security and surveillance equipment and services. It hired Corey Tharp as a sales associate in Oregon, to tap his connections to that state’s...more