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Jones Day

Indian Supreme Court Sets Aside Arbitral Award for "Grave Miscarriage of Justice"

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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

Akin Gump Strauss Hauer & Feld LLP

ArbitrateAD Rules Match Pace Set in Regional Centres

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

A&O Shearman

Proposed Amendments to HKIAC Rules put the Emergency into Emergency Arbitration

A&O Shearman on

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

Conyers

What’s “the matter”? The UK Supreme Court’s decision on the scope of arbitration clauses

Conyers on

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

K&L Gates LLP

Arbitration World: A Spelling Error in Vienna

K&L Gates LLP on

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

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

A&O Shearman

New Model Clause for Parties to Designate the SICC as Supervisory Court for Singapore-Seated Arbitrations

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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

A&O Shearman

Hong Kong and Singapore Expand Arbitration Funding Options

A&O Shearman on

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

Cranfill Sumner LLP

Can My Arbitrator Mediate or Help Settle My Case?

Cranfill Sumner LLP on

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

Snell & Wilmer

U.S. Supreme Court Closes the Door on Foreign Arbitration Discovery in the U.S.

Snell & Wilmer on

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

K&L Gates LLP

HUB Talks: Arbitration World: International Arbitration Clauses in Insurance Policies: Are They Valid in States With...

K&L Gates LLP on

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

Hogan Lovells

Cheque–mate – Hong Kong Court of Appeal refuses stay to arbitration on dishonoured cheque

Hogan Lovells on

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

Cranfill Sumner LLP

Part III: Round 2! BOGO – AlixPartners LLP v The Fund for Protection of Investor Rights in Foreign States

Cranfill Sumner LLP on

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

K&L Gates LLP

U.S. Supreme Court to Review Circuit Split Over Scope of 28 U.S.C. § 1782 for Obtaining Discovery in International Arbitrations

K&L Gates LLP on

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

K&L Gates LLP

HUB Talks: Practical Implications of Recent English Decisions on the Governing Law of an Agreement to Arbitrate

K&L Gates LLP on

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

Sullivan & Worcester

Upholding the Finality of Arbitration Awards

Sullivan & Worcester on

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

Foley Hoag LLP

Supreme Court Set to Decide Whether Section 1782 Discovery Can Be Compelled in Foreign-Seated Arbitrations

Foley Hoag LLP on

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

Cranfill Sumner LLP

SC District Court Addresses Implications of Arbitration Clause

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The United States District Court for the District of South Carolina recently ruled in Sunland Logistics Solutions Inc. v. Zhejiang Wanfeng Auto Wheel Co., Ltd. that an arbitration clause naming a non-existent arbitral forum...more

Proskauer - Minding Your Business

Ecuador Welcomes Arbitration (Back)

2021 marked a new chapter for arbitration in Ecuador: after re-joining the International Centre for Settlement of Investment Disputes Convention in June, Ecuadorian Executive Decree No. 165 in August introduced Regulations to...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Set To Resolve Circuit Split Concerning Foreign Arbitration Discovery Rules

On December 10, 2021, the U.S. Supreme Court granted certiorari in two cases to determine whether district courts can compel discovery proceedings in private foreign arbitrations. The two consolidated cases are ZF Automotive...more

White & Case LLP

Ethiopia Modernizes Arbitration Framework

White & Case LLP on

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

Cranfill Sumner LLP

2021 Trends in International Arbitration

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In review of the 2020 statistics from various arbitral institutions, the clear message is that international businesses have had a taste of virtual arbitrations and they like it. Record-breaking caseloads (and amounts in...more

Holland & Knight LLP

Supreme Court to Decide if U.S. Discovery Law Encompasses Private Foreign Arbitrations

Holland & Knight LLP on

The U.S. Supreme Court has agreed to take up a dispute over whether 28 U.S.C. § 1782, which governs applications for discovery from a United States court for use in a foreign proceeding, permits discovery for use in a private...more

Verrill

Domestic Discovery for Foreign Arbitrations? – Now It’s the Supreme Court’s Turn

Verrill on

In two earlier posts, I described the Circuit split over the question of whether a foreign private arbitration panel is a “foreign or international tribunal” for purposes of 28 U.S.C. § 1782. (Read: Domestic Discovery for...more

Sheppard Mullin Richter & Hampton LLP

SCOTUS Finally Agrees to Consider Permissibility of Discovery in the U.S. for Use in Private Foreign Arbitration

On March 22, 2021, the U.S. Supreme Court granted certiorari in the case brought by Servotronics Inc., where it challenged the Seventh Circuit’s decision to reject discovery pursuant to 28 U.S.C. § 1782 for use in a private...more

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