Life sciences globalization fuels new developments in international arbitration
In a recent case the Cayman Islands Court of Appeal has refused to grant leave to appeal to the Judicial Committee of the Privy Council in respect of an injunction ordered in support of a foreign arbitration....more
The Privy Council has recently upheld a BVI judgment refusing stay of a winding up petition in favour of arbitration. The recent Sian Participation Corp (In Liquidation) v Halimeda International Ltd1 Privy Council decision...more
The Indian Supreme Court invokes curative jurisdiction to set aside US$960 million award to avoid a "grave miscarriage of justice," seven years after the award creditor received a favorable award in India and three years...more
On 28 March 2024 the Cayman Islands Court of Appeal dismissed an appeal by Minsheng Vocational Education Company Limited against an injunction enjoining Minsheng from purporting to enforce certain share charges. This is...more
The Abu Dhabi International Arbitration Centre (ArbitrateAD) replaced the Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC) effective 1 February 2024. ArbitrateAD’s aim is to be “the world’s leading catalyst...more
On 23 January 2024, the HKIAC announced a Public Consultation on Proposed Amendments to the 2018 HKIAC Administered Arbitration Rules. The HKIAC’s proposed amendments include enhancements to the mechanism by which a single...more
Responding to growing geopolitical tensions between Taiwan and mainland China (PRC), Taiwanese businesses are considering ways to diversify their operations away from their largest trading partner. In 2022, China accounted...more
The UK Supreme Court in a recent decision has clarified the approach to be taken in determining when a matter ought to be referred to arbitration under an arbitration clause, and when such a matter falls outside of an...more
In Exclusive Trim Inc. v. Kastamonu Romania, S.A., the U.S. District Court for the Southern District of New York granted a petition to confirm and enforce a foreign arbitration award issued in an arbitration held before the...more
In this episode, Declan Gallivan (Senior Disputes Associate in London) speaks with Florian Haugeneder (Founder and Partner of Austrian law firm KNOETZL) to discuss a simple spelling mistake which ultimately led to an...more
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
The Singapore International Commercial Court (SICC) recently introduced a new model clause allowing parties to expressly designate the SICC as having jurisdiction over court proceedings relating to Singapore-seated...more
Hong Kong and Singapore, the Asia Pacific’s leading seats of international arbitration, have both implemented reforms enabling parties to enter into outcome related fee structures (ORFSs) with their lawyers for arbitrations...more
A recent trend in discussions in the international arbitration industry involves the arbitrator’s role in suggesting settlement to the parties or even mediating the dispute. In some civil law countries, the practice of having...more
On June 8, 2020, Russia enacted Federal Law No. 171-FZ1 (the “Law on Protection from Sanctions”). Under this new statute, a person or entity that is the subject of Russian sanctions can apply to a Russian court for an...more
On June 13, the U.S. Supreme Court resolved a split among U.S. Circuit Courts of Appeal by holding that only an adjudicative body imbued with governmental authority is deemed a foreign or international tribunal under 28...more
On Monday, the Supreme Court resolved a circuit split and issued a long-awaited decision holding that broad U.S.-style discovery under 28 U.S.C. § 1782 is not available in private foreign arbitrations. In the past decade,...more
On June 13, 2022, in a unanimous consolidated decision authored by Justice Amy Coney Barrett, the U.S. Supreme Court ruled that the scope of 28 U.S.C. § 1782(a) (Section 1782), which authorizes federal courts to order...more
In this episode, partners Chris Valente and Jackie Celender, along with associates Michael Creta and Peter Ayers, discuss the impact that state anti-arbitration insurance statutes have on the enforceability of international...more
The Hong Kong Court of Appeal has refused to stay to arbitration a court action brought on a dishonoured cheque because of an arbitration clause in the underlying loan agreement between the parties. The court noted there...more
As noted in our prior posts, the U.S. Supreme Court is set to hear the oral arguments in the case of ZF Automotive US, Inc., et al. v. Luxshare, Ltd. on March 23, 2022. There is also another case, AlixPartners LLP v. The Fund...more
As the popularity and pace of international arbitration has continued to grow, parties engaged in such arbitration outside the United States have increasingly relied on 28 U.S.C. § 1782 (Section 1782) to obtain discovery in...more
Peter Morton and Tim Fox of K&L Gates discuss the practical implications of recent English case law on the question of which law will govern agreements to arbitrate, including for those drafting an arbitration clause in a...more
Whilst the Arbitration Act 1996 (the Act) may be 25 years old this year, the key aims behind the Act, including that of upholding the finality of the award, continue to be reinforced by the courts. Last week the Courts and...more
Under 28 U.S.C. § 1782, a District Court may compel a resident individual or company to provide discovery for use “in a proceeding in a foreign or international tribunal.” There is presently a circuit court split over what...more