May 2010
Supreme Court of Canada Decision a Wake-Up Call for Tardy Victors in International Arbitration Proceedings
Arbitration News / 28 May 2010
Arbitration as an option for dispute resolution in international commercial transactions presents a unique set of issues that are often not given the attention and due care they deserve. The primary attraction of international arbitration is that an award rendered...
State immunity and third party debt orders
Arbitration News / 28 May 2010
Includes: State immunity and third party debt orders after FG Hemisphere Associates LLC v Democratic Republic of Congo and others / Background / Third party debt orders / Sovereign immunity / Risks / Reducing risks....
Mediation
Mediation News / 28 May 2010
For anyone who has ever been embroiled in any form of dispute, whether commercial or otherwise, it can seem that the cost of justice is prohibitively high. Lawyers cost money, filing documents in court is expensive and time consuming, and...
Construction and infrastructure updater - May 2010
Adjudication News / 28 May 2010
Frustration, breach of contract and repudiation / Adjudication: dispute resolution provisions in GC Works/1 / Adjudication and the Scheme of Construction Contracts / Suspension and repudiation...
State immunity and third party debt orders
Arbitration News / 28 May 2010
Includes: State immunity and third party debt orders after FG Hemisphere Associates LLC v Democratic Republic of Congo and others / Background / Third party debt orders / Sovereign immunity / Risks / Reducing risks....
Supreme Court of Canada Decision a Wake-Up Call for Tardy Victors in International Arbitration Proceedings
Arbitration News / 28 May 2010
Arbitration as an option for dispute resolution in international commercial transactions presents a unique set of issues that are often not given the attention and due care they deserve. The primary attraction of international arbitration is that an award rendered...
Mediation
Mediation News / 28 May 2010
For anyone who has ever been embroiled in any form of dispute, whether commercial or otherwise, it can seem that the cost of justice is prohibitively high. Lawyers cost money, filing documents in court is expensive and time consuming, and...
Construction and infrastructure updater - May 2010
Adjudication News / 28 May 2010
Frustration, breach of contract and repudiation / Adjudication: dispute resolution provisions in GC Works/1 / Adjudication and the Scheme of Construction Contracts / Suspension and repudiation...
State immunity and third party debt orders
Arbitration News / 28 May 2010
Includes: State immunity and third party debt orders after FG Hemisphere Associates LLC v Democratic Republic of Congo and others / Background / Third party debt orders / Sovereign immunity / Risks / Reducing risks....
Supreme Court of Canada Decision a Wake-Up Call for Tardy Victors in International Arbitration Proceedings
Arbitration News / 28 May 2010
Arbitration as an option for dispute resolution in international commercial transactions presents a unique set of issues that are often not given the attention and due care they deserve. The primary attraction of international arbitration is that an award rendered...
Construction and infrastructure updater - May 2010
Adjudication News / 28 May 2010
Frustration, breach of contract and repudiation / Adjudication: dispute resolution provisions in GC Works/1 / Adjudication and the Scheme of Construction Contracts / Suspension and repudiation...
Mediation
Mediation News / 28 May 2010
For anyone who has ever been embroiled in any form of dispute, whether commercial or otherwise, it can seem that the cost of justice is prohibitively high. Lawyers cost money, filing documents in court is expensive and time consuming, and...
Construction and infrastructure updater - May 2010
Adjudication News / 28 May 2010
Frustration, breach of contract and repudiation / Adjudication: dispute resolution provisions in GC Works/1 / Adjudication and the Scheme of Construction Contracts / Suspension and repudiation...
Mediation
Mediation News / 28 May 2010
For anyone who has ever been embroiled in any form of dispute, whether commercial or otherwise, it can seem that the cost of justice is prohibitively high. Lawyers cost money, filing documents in court is expensive and time consuming, and...
State immunity and third party debt orders
Arbitration News / 28 May 2010
Includes: State immunity and third party debt orders after FG Hemisphere Associates LLC v Democratic Republic of Congo and others / Background / Third party debt orders / Sovereign immunity / Risks / Reducing risks....
Supreme Court of Canada Decision a Wake-Up Call for Tardy Victors in International Arbitration Proceedings
Arbitration News / 28 May 2010
Arbitration as an option for dispute resolution in international commercial transactions presents a unique set of issues that are often not given the attention and due care they deserve. The primary attraction of international arbitration is that an award rendered...
Arbitration under Qatar Law
Arbitration News / 27 May 2010
Arbitration is codified in Qatar's legislation within Law No (13) of 1990 The Civil and Commercial Code of Procedure (the "Civil Procedure Code") at Articles 190 – 210....
Adjudication rights under The Construction Act - its all or nothing
Adjudication News / 27 May 2010
The Construction Act, which gives the parties to a construction contract the right to adjudicate their disputes, specifically excludes certain construction operations. These include erection of steelwork for the purpose of supporting or providing access to plant or machinery on...
Arbitration under Qatar Law
Arbitration News / 27 May 2010
Arbitration is codified in Qatar's legislation within Law No (13) of 1990 The Civil and Commercial Code of Procedure (the "Civil Procedure Code") at Articles 190 – 210....
Adjudication rights under The Construction Act - its all or nothing
Adjudication News / 27 May 2010
The Construction Act, which gives the parties to a construction contract the right to adjudicate their disputes, specifically excludes certain construction operations. These include erection of steelwork for the purpose of supporting or providing access to plant or machinery on...
Arbitration under Qatar Law
Arbitration News / 27 May 2010
Arbitration is codified in Qatar's legislation within Law No (13) of 1990 The Civil and Commercial Code of Procedure (the "Civil Procedure Code") at Articles 190 – 210....
Adjudication rights under The Construction Act - its all or nothing
Adjudication News / 27 May 2010
The Construction Act, which gives the parties to a construction contract the right to adjudicate their disputes, specifically excludes certain construction operations. But what happens if part of a dispute relates to excluded operations and part of it doesn’t?...
Adjudication rights under The Construction Act - its all or nothing
Adjudication News / 27 May 2010
The Construction Act, which gives the parties to a construction contract the right to adjudicate their disputes, specifically excludes certain construction operations. But what happens if part of a dispute relates to excluded operations and part of it doesn’t?...
Arbitration under Qatar Law
Arbitration News / 27 May 2010
Arbitration is codified in Qatar's legislation within Law No (13) of 1990 The Civil and Commercial Code of Procedure (the "Civil Procedure Code") at Articles 190 – 210....
Letters of intent and contract formation
Adjudication News / 26 May 2010
Work in the construction industry is often undertaken on the basis of a letter of intent whilst the terms of the contract are being negotiated and agreed by the parties. Commencing work before properly concluding a contract is accompanied by...
Letters of intent and contract formation
Adjudication News / 26 May 2010
Work in the construction industry is often undertaken on the basis of a letter of intent whilst the terms of the contract are being negotiated and agreed by the parties. Commencing work before properly concluding a contract is accompanied by...
Letters of intent and contract formation
Adjudication News / 26 May 2010
Work in the construction industry is often undertaken on the basis of a letter of intent whilst the terms of the contract are being negotiated and agreed by the parties. Commencing work before properly concluding a contract is accompanied by...
Letters of intent and contract formation
Adjudication News / 26 May 2010
Work in the construction industry is often undertaken on the basis of a letter of intent whilst the terms of the contract are being negotiated and agreed by the parties. Commencing work before properly concluding a contract is accompanied by...
Weekly Insurance, Reinsurance and Litigation Update - 21 May 2010
Arbitration News / 25 May 2010
Includes: An application to stay proceedings in favour of an arbitration, and what constitutes a "step" in the proceedings / A Court of Appeal case on the right of a motor insurer to recoup payment from the injured insured /...
Weekly Insurance, Reinsurance and Litigation Update - 21 May 2010
Arbitration News / 25 May 2010
Includes: An application to stay proceedings in favour of an arbitration, and what constitutes a "step" in the proceedings / A Court of Appeal case on the right of a motor insurer to recoup payment from the injured insured /...
Weekly Insurance, Reinsurance and Litigation Update - 21 May 2010
Arbitration News / 25 May 2010
Includes: An application to stay proceedings in favour of an arbitration, and what constitutes a "step" in the proceedings / A Court of Appeal case on the right of a motor insurer to recoup payment from the injured insured /...
Weekly Insurance, Reinsurance and Litigation Update - 21 May 2010
Arbitration News / 25 May 2010
Includes: An application to stay proceedings in favour of an arbitration, and what constitutes a "step" in the proceedings / A Court of Appeal case on the right of a motor insurer to recoup payment from the injured insured /...
Letter from the President of CIArb Australia regarding Commercial Arbitration Bill 2010
CIArb in the Press / 24 May 2010
What’s the worst that could happen?
CIArb in the Press / 22 May 2010
Colm O’Suilleabhain on project risks and the insurances that can be put in place to ease them.All construction projects carry with them inherent risk. Every standard form of contract requires certain types of insurance to be put in place. What...
New Board of Management Chairman
CIArb News / 21 May 2010
Richard Morris DipArb FCIArb, Head of Disputes at Systech International and based in London, has been appointed as Chairman of the Chartered Institute of Arbitrators' Board of Management, following a meeting of the Board of Trustees on 13-14 May 2010....
Titans get up over Simcorp in the game of two halves - 21 May 2010
Adjudication News / 21 May 2010
In the Supreme Court on Tuesday, 18 May 2010, Gold Coast Titans Property Pty Ltd as trustee for the Gold Coast NRL Property Trust was successful in arguing that a payment claim served by Simcorp Developments and Constructions Pty Ltd...
Titans get up over Simcorp in the game of two halves - 21 May 2010
Adjudication News / 21 May 2010
In the Supreme Court on Tuesday, 18 May 2010, Gold Coast Titans Property Pty Ltd as trustee for the Gold Coast NRL Property Trust was successful in arguing that a payment claim served by Simcorp Developments and Constructions Pty Ltd...
Titans get up over Simcorp in the game of two halves - 21 May 2010
Adjudication News / 21 May 2010
In the Supreme Court on Tuesday, 18 May 2010, Gold Coast Titans Property Pty Ltd as trustee for the Gold Coast NRL Property Trust was successful in arguing that a payment claim served by Simcorp Developments and Constructions Pty Ltd...
Titans get up over Simcorp in the game of two halves - 21 May 2010
Adjudication News / 21 May 2010
In the Supreme Court on Tuesday, 18 May 2010, Gold Coast Titans Property Pty Ltd as trustee for the Gold Coast NRL Property Trust was successful in arguing that a payment claim served by Simcorp Developments and Constructions Pty Ltd...
International Commercial Arbitration: Supreme Court of Canada Enforces Domestic Limitation Period on Application to Enforce Foreign Arbitration Award
Arbitration News / 21 May 2010
A primary advantage of international commercial arbitration as a means of resolving commercial disputes is the relative ease of enforcement in the many states that have adopted either or both of the Convention on the Recognition and Enforcement of Foreign...
International Commercial Arbitration: Supreme Court of Canada Enforces Domestic Limitation Period on Application to Enforce Foreign Arbitration Award
Arbitration News / 21 May 2010
A primary advantage of international commercial arbitration as a means of resolving commercial disputes is the relative ease of enforcement in the many states that have adopted either or both of the Convention on the Recognition and Enforcement of Foreign...
International Commercial Arbitration: Supreme Court of Canada Enforces Domestic Limitation Period on Application to Enforce Foreign Arbitration Award
Arbitration News / 21 May 2010
A primary advantage of international commercial arbitration as a means of resolving commercial disputes is the relative ease of enforcement in the many states that have adopted either or both of the Convention on the Recognition and Enforcement of Foreign...
International Commercial Arbitration: Supreme Court of Canada Enforces Domestic Limitation Period on Application to Enforce Foreign Arbitration Award
Arbitration News / 21 May 2010
A primary advantage of international commercial arbitration as a means of resolving commercial disputes is the relative ease of enforcement in the many states that have adopted either or both of the Convention on the Recognition and Enforcement of Foreign...
International Commercial Arbitration: Supreme Court of Canada Enforces Domestic Limitation Period on Application to Enforce Foreign Arbitration Award
Arbitration News / 21 May 2010
International Commercial Arbitration: Supreme Court of Canada Enforces Domestic Limitation Period on Application to Enforce Foreign Arbitration Award...
DOD Implements Restrictions On Employee/Contractor Agreements Requiring Arbitration
Arbitration News / 20 May 2010
With a broad exclusion for commercial items contracts, on May 19, 2010, DoD issued an interim rule, effective immediately, implementing section 8116 of the FY2010 Defense Appropriations Act, prohibiting the use of appropriated funds for contracts, task/delivery orders, or bilateral...
DOD Implements Restrictions On Employee/Contractor Agreements Requiring Arbitration
Arbitration News / 20 May 2010
With a broad exclusion for commercial items contracts, on May 19, 2010, DoD issued an interim rule, effective immediately, implementing section 8116 of the FY2010 Defense Appropriations Act, prohibiting the use of appropriated funds for contracts, task/delivery orders, or bilateral...
DOD Implements Restrictions On Employee/Contractor Agreements Requiring Arbitration
Arbitration News / 20 May 2010
With a broad exclusion for commercial items contracts, on May 19, 2010, DoD issued an interim rule, effective immediately, implementing section 8116 of the FY2010 Defense Appropriations Act, prohibiting the use of appropriated funds for contracts, task/delivery orders, or bilateral...
DOD Implements Restrictions On Employee/Contractor Agreements Requiring Arbitration
Arbitration News / 20 May 2010
With a broad exclusion for commercial items contracts, on May 19, 2010, DoD issued an interim rule, effective immediately, implementing section 8116 of the FY2010 Defense Appropriations Act, prohibiting the use of appropriated funds for contracts, task/delivery orders, or bilateral...
Nigeria: INEC - Jonathan Favours Agbakoba
CIArb in the Press / 19 May 2010
Lagos Baring last minute changes, human rights activist and founder of Civil Liberties Organisation (CLO), Mr. Olisa Agbakoba (SAN), may be named the chairman of the Independent National Electoral Commission (INEC). Agbakoba, who is the immediate past...
The interpretation of exclusion provisions found in Section 105 (2) of the HGCRA
Adjudication News / 19 May 2010
Over the past ten years or so, the Courts have had to grapple with the lack of clarity in the drafting of Section 105 of the Housing Grants, Construction and Regeneration Act ("the Act"). Subsection 105(1) provides a detailed description...
The interpretation of exclusion provisions found in Section 105 (2) of the HGCRA
Adjudication News / 19 May 2010
Over the past ten years or so, the Courts have had to grapple with the lack of clarity in the drafting of Section 105 of the Housing Grants, Construction and Regeneration Act ("the Act"). Subsection 105(1) provides a detailed description...
The interpretation of exclusion provisions found in Section 105 (2) of the HGCRA
Adjudication News / 19 May 2010
Over the past ten years or so, the Courts have had to grapple with the lack of clarity in the drafting of Section 105 of the Housing Grants, Construction and Regeneration Act ("the Act"). Subsection 105(1) provides a detailed description...
The interpretation of exclusion provisions found in Section 105 (2) of the HGCRA
Adjudication News / 19 May 2010
Over the past ten years or so, the Courts have had to grapple with the lack of clarity in the drafting of Section 105 of the Housing Grants, Construction and Regeneration Act ("the Act"). Subsection 105(1) provides a detailed description...
Ontario Court keeps lawsuit in court despite arbitration agreement
Arbitration News / 19 May 2010
The Ontario Superior Court of Justice recently dismissed an attempt by GM Canada to stay a lawsuit brought against it by several of its Canadian dealerships. In Stoneleigh Motors Limited et al. v. General Motors of Canada Limited, GM Canada...
Arbflash - May 2010
Arbitration News / 19 May 2010
Includes: Arbitration and public policy: ICC conference hosted by Ashurst on 27 April 2010 / Indian arbitration in Singapore / Protection of agreements to arbitrate in the English courts / The European Mediation Directive is implemented in Italy /Commercial mediation...
Ontario Court keeps lawsuit in court despite arbitration agreement
Arbitration News / 19 May 2010
The Ontario Superior Court of Justice recently dismissed an attempt by GM Canada to stay a lawsuit brought against it by several of its Canadian dealerships. In Stoneleigh Motors Limited et al. v. General Motors of Canada Limited, GM Canada...
Arbflash - May 2010
Arbitration News / 19 May 2010
Includes: Arbitration and public policy: ICC conference hosted by Ashurst on 27 April 2010 / Indian arbitration in Singapore / Protection of agreements to arbitrate in the English courts / The European Mediation Directive is implemented in Italy /Commercial mediation...
Ontario Court keeps lawsuit in court despite arbitration agreement
Arbitration News / 19 May 2010
The Ontario Superior Court of Justice recently dismissed an attempt by GM Canada to stay a lawsuit brought against it by several of its Canadian dealerships. In Stoneleigh Motors Limited et al. v. General Motors of Canada Limited, GM Canada...
Arbflash - May 2010
Arbitration News / 19 May 2010
Includes: Arbitration and public policy: ICC conference hosted by Ashurst on 27 April 2010 / Indian arbitration in Singapore / Protection of agreements to arbitrate in the English courts / The European Mediation Directive is implemented in Italy /Commercial mediation...
Ontario Court keeps lawsuit in court despite arbitration agreement
Arbitration News / 19 May 2010
The Ontario Superior Court of Justice recently dismissed an attempt by GM Canada to stay a lawsuit brought against it by several of its Canadian dealerships. In Stoneleigh Motors Limited et al. v. General Motors of Canada Limited, GM Canada...
Arbflash - May 2010
Arbitration News / 19 May 2010
Includes: Arbitration and public policy: ICC conference hosted by Ashurst on 27 April 2010 / Indian arbitration in Singapore / Protection of agreements to arbitrate in the English courts / The European Mediation Directive is implemented in Italy /Commercial mediation...
Mia Essien, SAN: What FG Should Do in N/Delta
CIArb in the Press / 18 May 2010
Called to the Nigerian Bar in 1985, Miannaya Aja Essien became only the 7th female Nigerian lawyer to take silk when she became a Senior Advocate of Nigeria in 2007. Her path to the Inner Bar began eight years earlier...
Three jurisdictions seek to raise their profile in the arbitration world
Arbitration News / 18 May 2010
Bahrain Arbitration Centre / Cyprus International Arbitration Centre / Singapore – becoming Asia's leading arbitration centre....
Incorporation of an arbitration agreement by reference - the Court of Appeal provides clarification of the law where multiple contracts exist between the same parties
Arbitration News / 18 May 2010
The Court of Appeal's ruling in Habas Sinai Ve Tibbi Gazlar Isthisal Endüstri A.S. v Sometal S.A.L. [2010] EWHC 29 (Comm) clarifies whether general or specific words of incorporation are required successfully to incorporate an arbitration agreement by reference to...
Recent case law on the interpretation of arbitration agreements
Arbitration News / 18 May 2010
Three years on from the House of Lord's expression in Fiona Trust[1] of the presumption that business people want arbitration to be a one-stop method of adjudicating all of their related disputes, two recent cases show how the courts are...
IBA Guidelines for Drafting International Arbitration Clauses
Arbitration News / 18 May 2010
The International Bar Association's Arbitration Committee has published the final draft of its Guidelines for Drafting International Arbitration Clauses....
Commercial mediation in Spain
Mediation News / 18 May 2010
In the previous edition of Arbflash we reported on the Spanish Government's announcement of its submission of the Mediation Law Project to Congress. The draft Bill has since been published and we are now able to provide more detail on...
Public Sector Update - May 2010
Adjudication News / 18 May 2010
Includes: Mandatory 30-day sub-contractor payment clause in new contracts / Public Law Defences in Possession Proceedings: Salford City Council v Mullen [2010] EWCA Civ 336 / Court Upholds Rapid Construction Adjudication / The Equality Act 2010: implications for the public...
IBA Guidelines for Drafting International Arbitration Clauses
Arbitration News / 18 May 2010
The International Bar Association's Arbitration Committee has published the final draft of its Guidelines for Drafting International Arbitration Clauses....
Recent case law on the interpretation of arbitration agreements
Arbitration News / 18 May 2010
Three years on from the House of Lord's expression in Fiona Trust[1] of the presumption that business people want arbitration to be a one-stop method of adjudicating all of their related disputes, two recent cases show how the courts are...
Three jurisdictions seek to raise their profile in the arbitration world
Arbitration News / 18 May 2010
Bahrain Arbitration Centre / Cyprus International Arbitration Centre / Singapore – becoming Asia's leading arbitration centre....
Incorporation of an arbitration agreement by reference - the Court of Appeal provides clarification of the law where multiple contracts exist between the same parties
Arbitration News / 18 May 2010
The Court of Appeal's ruling in Habas Sinai Ve Tibbi Gazlar Isthisal Endüstri A.S. v Sometal S.A.L. [2010] EWHC 29 (Comm) clarifies whether general or specific words of incorporation are required successfully to incorporate an arbitration agreement by reference to...
Commercial mediation in Spain
Mediation News / 18 May 2010
In the previous edition of Arbflash we reported on the Spanish Government's announcement of its submission of the Mediation Law Project to Congress. The draft Bill has since been published and we are now able to provide more detail on...
Public Sector Update - May 2010
Adjudication News / 18 May 2010
Includes: Mandatory 30-day sub-contractor payment clause in new contracts / Public Law Defences in Possession Proceedings: Salford City Council v Mullen [2010] EWCA Civ 336 / Court Upholds Rapid Construction Adjudication / The Equality Act 2010: implications for the public...
IBA Guidelines for Drafting International Arbitration Clauses
Arbitration News / 18 May 2010
The International Bar Association's Arbitration Committee has published the final draft of its Guidelines for Drafting International Arbitration Clauses....
Recent case law on the interpretation of arbitration agreements
Arbitration News / 18 May 2010
Three years on from the House of Lord's expression in Fiona Trust[1] of the presumption that business people want arbitration to be a one-stop method of adjudicating all of their related disputes, two recent cases show how the courts are...
Three jurisdictions seek to raise their profile in the arbitration world
Arbitration News / 18 May 2010
Bahrain Arbitration Centre / Cyprus International Arbitration Centre / Singapore – becoming Asia's leading arbitration centre....
Incorporation of an arbitration agreement by reference - the Court of Appeal provides clarification of the law where multiple contracts exist between the same parties
Arbitration News / 18 May 2010
The Court of Appeal's ruling in Habas Sinai Ve Tibbi Gazlar Isthisal Endüstri A.S. v Sometal S.A.L. [2010] EWHC 29 (Comm) clarifies whether general or specific words of incorporation are required successfully to incorporate an arbitration agreement by reference to...
Public Sector Update - May 2010
Adjudication News / 18 May 2010
Includes: Mandatory 30-day sub-contractor payment clause in new contracts / Public Law Defences in Possession Proceedings: Salford City Council v Mullen [2010] EWCA Civ 336 / Court Upholds Rapid Construction Adjudication / The Equality Act 2010: implications for the public...
Commercial mediation in Spain
Mediation News / 18 May 2010
In the previous edition of Arbflash we reported on the Spanish Government's announcement of its submission of the Mediation Law Project to Congress. The draft Bill has since been published and we are now able to provide more detail on...
Commercial mediation in Spain
Mediation News / 18 May 2010
In the previous edition of Arbflash we reported on the Spanish Government's announcement of its submission of the Mediation Law Project to Congress. The draft Bill has since been published and we are now able to provide more detail on...
Three jurisdictions seek to raise their profile in the arbitration world
Arbitration News / 18 May 2010
Bahrain Arbitration Centre / Cyprus International Arbitration Centre / Singapore – becoming Asia's leading arbitration centre....
Recent case law on the interpretation of arbitration agreements
Arbitration News / 18 May 2010
Three years on from the House of Lord's expression in Fiona Trust[1] of the presumption that business people want arbitration to be a one-stop method of adjudicating all of their related disputes, two recent cases show how the courts are...
Incorporation of an arbitration agreement by reference - the Court of Appeal provides clarification of the law where multiple contracts exist between the same parties
Arbitration News / 18 May 2010
The Court of Appeal's ruling in Habas Sinai Ve Tibbi Gazlar Isthisal Endüstri A.S. v Sometal S.A.L. [2010] EWHC 29 (Comm) clarifies whether general or specific words of incorporation are required successfully to incorporate an arbitration agreement by reference to...
IBA Guidelines for Drafting International Arbitration Clauses
Arbitration News / 18 May 2010
The International Bar Association's Arbitration Committee has published the final draft of its Guidelines for Drafting International Arbitration Clauses....
Public Sector Update - May 2010
Adjudication News / 18 May 2010
Includes: Mandatory 30-day sub-contractor payment clause in new contracts / Public Law Defences in Possession Proceedings: Salford City Council v Mullen [2010] EWCA Civ 336 / Court Upholds Rapid Construction Adjudication / The Equality Act 2010: implications for the public...
Estonia sets up international court for arbitration of business disputes - Baltic Business News
Arbitration News / 17 May 2010
According to ICCMCA that stands for International Commercial Court for Mediation, Conciliation and Arbitration, the court's objective is to arbitrate civil ......
Estonia sets up international court for arbitration of business disputes - Baltic Business News
Arbitration News / 17 May 2010
According to ICCMCA that stands for International Commercial Court for Mediation, Conciliation and Arbitration, the court's objective is to arbitrate civil ......
NEC reality check
CIArb in the Press / 15 May 2010
ustrated at the way in which the NEC contract is promoted as the answer to all construction's ills. Dont get me wrong, it is a good contract but at the end of the day it is virtually impossible to compel...
Cyprus International Arbitration Center launched
CIArb in the Press / 15 May 2010
The launch of the Cyprus International Arbitration Centre (CIAC) has been announced recently......
NEC reality check
CIArb in the Press / 15 May 2010
Philip Adams looks at compensation events and the role of the project manager in NEC contracts.I become increasingly frustrated at the way in which the NEC contract is promoted as the answer to all constructions ills. Don’t get me wrong,...
The New Bahrain Arbitration Law and the Bahrain "Free Arbitration Zone"
Arbitration News / 15 May 2010
New arbitration legislation enacted by the Kingdom of Bahrain on July 2, 2009 makes it the first country in the world to create the equivalent of a free trade zone for arbitration. That legislation, Legislative Decree No. 30 (The Decree),...
Second Circuit Affirms Arbitral Award Ordering Costs, Including Attorneys’ Fees, Despite Contractual Provision Requiring Each Party to Bear Its Own Expenses
Arbitration News / 15 May 2010
Parties often seek to modify the default rule that arbitrators may award costs, including attorneys’ fees, as part of the final award by providing that each party shall bear its own costs. In ReliaStar Life Insurance Co. v. EMC National...
Second Circuit Affirms Arbitral Award Ordering Costs, Including Attorneys’ Fees, Despite Contractual Provision Requiring Each Party to Bear Its Own Expenses
Arbitration News / 15 May 2010
Parties often seek to modify the default rule that arbitrators may award costs, including attorneys’ fees, as part of the final award by providing that each party shall bear its own costs. In ReliaStar Life Insurance Co. v. EMC National...
The New Bahrain Arbitration Law and the Bahrain "Free Arbitration Zone"
Arbitration News / 15 May 2010
New arbitration legislation enacted by the Kingdom of Bahrain on July 2, 2009 makes it the first country in the world to create the equivalent of a free trade zone for arbitration. That legislation, Legislative Decree No. 30 (The Decree),...
Second Circuit Affirms Arbitral Award Ordering Costs, Including Attorneys’ Fees, Despite Contractual Provision Requiring Each Party to Bear Its Own Expenses
Arbitration News / 15 May 2010
Parties often seek to modify the default rule that arbitrators may award costs, including attorneys’ fees, as part of the final award by providing that each party shall bear its own costs. In ReliaStar Life Insurance Co. v. EMC National...
The New Bahrain Arbitration Law and the Bahrain "Free Arbitration Zone"
Arbitration News / 15 May 2010
New arbitration legislation enacted by the Kingdom of Bahrain on July 2, 2009 makes it the first country in the world to create the equivalent of a free trade zone for arbitration. That legislation, Legislative Decree No. 30 (The Decree),...
Second Circuit Affirms Arbitral Award Ordering Costs, Including Attorneys’ Fees, Despite Contractual Provision Requiring Each Party to Bear Its Own Expenses
Arbitration News / 15 May 2010
Parties often seek to modify the default rule that arbitrators may award costs, including attorneys’ fees, as part of the final award by providing that each party shall bear its own costs. In ReliaStar Life Insurance Co. v. EMC National...
The New Bahrain Arbitration Law and the Bahrain "Free Arbitration Zone"
Arbitration News / 15 May 2010
New arbitration legislation enacted by the Kingdom of Bahrain on July 2, 2009 makes it the first country in the world to create the equivalent of a free trade zone for arbitration. That legislation, Legislative Decree No. 30 (The Decree),...
Arbitrating the future
CIArb in the Press / 14 May 2010
Arbitration, seen as a huge growth industry for The Bahamas, has taken a big step forward with an international organization setting up its stall in the islands. The Chartered Institute of Arbitrators (CIArb) of London, the leading professional body for...
BA strike: Acas makes formal talks invite to both sides - BBC News
Mediation News / 14 May 2010
The Acas conciliation service has made a public offer to both sides in the cabin crew dispute at British Airways. It is concerned about the length of the ......
BA strike: Acas makes formal talks invite to both sides - BBC News
Mediation News / 14 May 2010
The Acas conciliation service has made a public offer to both sides in the cabin crew dispute at British Airways. It is concerned about the length of the ......
International Dispute Resolution
Arbitration News / 14 May 2010
This edition includes a survey of recent developments in international commercial and investment treaty arbitration and transnational litigation, with reports on matters covering every continent. We also offer an update on our practice's many publications and media spotlights....
Dispute resolution clauses and the importance of drafting
Arbitration News / 14 May 2010
A dispute resolution clause is an agreement within a contract which sets out the mechanism for the resolution of disputes between the contractual parties. The scope of that agreement is determined in the drafting of the clause....
Dispute resolution clauses and the importance of drafting
Arbitration News / 14 May 2010
A dispute resolution clause is an agreement within a contract which sets out the mechanism for the resolution of disputes between the contractual parties. The scope of that agreement is determined in the drafting of the clause....
International Dispute Resolution
Arbitration News / 14 May 2010
This edition includes a survey of recent developments in international commercial and investment treaty arbitration and transnational litigation, with reports on matters covering every continent. We also offer an update on our practice's many publications and media spotlights....
Dispute resolution clauses and the importance of drafting
Arbitration News / 14 May 2010
A dispute resolution clause is an agreement within a contract which sets out the mechanism for the resolution of disputes between the contractual parties. The scope of that agreement is determined in the drafting of the clause....
International Dispute Resolution
Arbitration News / 14 May 2010
This edition includes a survey of recent developments in international commercial and investment treaty arbitration and transnational litigation, with reports on matters covering every continent. We also offer an update on our practice's many publications and media spotlights....
Dispute resolution clauses and the importance of drafting
Arbitration News / 14 May 2010
A dispute resolution clause is an agreement within a contract which sets out the mechanism for the resolution of disputes between the contractual parties. The scope of that agreement is determined in the drafting of the clause....
International Dispute Resolution
Arbitration News / 14 May 2010
This edition includes a survey of recent developments in international commercial and investment treaty arbitration and transnational litigation, with reports on matters covering every continent. We also offer an update on our practice's many publications and media spotlights....
Annual Report presented at 96th AGM
CIArb News / 13 May 2010
CIArb held its 96th Annual General Meeting on Thursday 13 May at Bloomsbury Square, London....
Director of Education and Academic Affairs
CIArb News / 13 May 2010
The Chartered Institute of Arbitrators (CIArb) is seeking a highly motivated leader and project manager to be its Director of Education and Academic Affairs....
CIArb 2009 Annual Report
/ 13 May 2010
CIArb has published its 2009 Annual Report and Accounts. These will be formally presented at the Institute's AGM at Bloomsbury Square this evening from 6.15 pm. All members are welcome....
Class Action Arbitration After Stolt-Nielsen
Arbitration News / 13 May 2010
Class Action Arbitration After Stolt-Nielsen Christopher Curran (Washington, DC) will participate in "Class Action Arbitration After Stolt-Nielsen", an ABA Section of Dispute Resolution sponsored teleconference on Friday, May 15, 2010. This panel discussion will review the April 27, 2010 decision...
The "Double-Proviso" follow settlements clause
Arbitration News / 13 May 2010
Not all follow settlements provisions are the same. In many cases, the reinsurance will be expressed to be "subject to the same terms, clauses and conditions as the original" and the stated obligation of the reinsurer will be quite simply...
Fenwick Employment Brief - May 12, 2010
Arbitration News / 13 May 2010
The Ninth Circuit recently affirmed a 2004 district court's decision to certify a nationwide class of women in a gender discrimination class action against Wal-Mart, the country's largest retailer....
"The 'Rotterdam Rules' and Arbitration: Questions and Warning Signs,"
Arbitration News / 13 May 2010
A new convention on contracts for carriage by sea contains arbitration provisions that will require some untangling. This article discusses some of the issues they raise....
Asia Bulletin - Issue 26 - May 2010
Mediation News / 13 May 2010
In this issue of the Asia Bulletin, we give you some tips on mediation and M&A strategies, discuss the outlook for the construction market following the financial crisis, and look at some recent legal cases that will have an impact...
Construction Update
Adjudication News / 13 May 2010
Everyone knows that half of the art of winning adjudications is in how you put your claim. There may however be more attention paid to the substance of what is in dispute rather than tactical manoeuvring after the recent the...
Conflicting interim payment provisions - Can a losing party withhold payment following an adjudication where it wants to challenge the decision?
Adjudication News / 13 May 2010
The case of Fenice Investments Inc v Jerram Falkus Construction Limited [2009] EWHC 3272 (TCC) considered how conflicting interim payment regimes within the same contract should be construed. It highlights the importance of checking that contract provisions do not conflict....
"The 'Rotterdam Rules' and Arbitration: Questions and Warning Signs,"
Arbitration News / 13 May 2010
A new convention on contracts for carriage by sea contains arbitration provisions that will require some untangling. This article discusses some of the issues they raise....
The "Double-Proviso" follow settlements clause
Arbitration News / 13 May 2010
Not all follow settlements provisions are the same. In many cases, the reinsurance will be expressed to be "subject to the same terms, clauses and conditions as the original" and the stated obligation of the reinsurer will be quite simply...
Fenwick Employment Brief - May 12, 2010
Arbitration News / 13 May 2010
The Ninth Circuit recently affirmed a 2004 district court's decision to certify a nationwide class of women in a gender discrimination class action against Wal-Mart, the country's largest retailer....
Asia Bulletin - Issue 26 - May 2010
Mediation News / 13 May 2010
In this issue of the Asia Bulletin, we give you some tips on mediation and M&A strategies, discuss the outlook for the construction market following the financial crisis, and look at some recent legal cases that will have an impact...
Conflicting interim payment provisions - Can a losing party withhold payment following an adjudication where it wants to challenge the decision?
Adjudication News / 13 May 2010
The case of Fenice Investments Inc v Jerram Falkus Construction Limited [2009] EWHC 3272 (TCC) considered how conflicting interim payment regimes within the same contract should be construed. It highlights the importance of checking that contract provisions do not conflict....
Construction Update
Adjudication News / 13 May 2010
Everyone knows that half of the art of winning adjudications is in how you put your claim. There may however be more attention paid to the substance of what is in dispute rather than tactical manoeuvring after the recent the...
"The 'Rotterdam Rules' and Arbitration: Questions and Warning Signs,"
Arbitration News / 13 May 2010
A new convention on contracts for carriage by sea contains arbitration provisions that will require some untangling. This article discusses some of the issues they raise....
The "Double-Proviso" follow settlements clause
Arbitration News / 13 May 2010
Not all follow settlements provisions are the same. In many cases, the reinsurance will be expressed to be "subject to the same terms, clauses and conditions as the original" and the stated obligation of the reinsurer will be quite simply...
Fenwick Employment Brief - May 12, 2010
Arbitration News / 13 May 2010
Includes: sharply divided ninth circuit affirms class certification for more than one million wal-mart employees / california supreme court broadens judicial review of arbitration awards / news bites....
Conflicting interim payment provisions - Can a losing party withhold payment following an adjudication where it wants to challenge the decision?
Adjudication News / 13 May 2010
The case of Fenice Investments Inc v Jerram Falkus Construction Limited [2009] EWHC 3272 (TCC) considered how conflicting interim payment regimes within the same contract should be construed. It highlights the importance of checking that contract provisions do not conflict....
Construction Update
Adjudication News / 13 May 2010
Everyone knows that half of the art of winning adjudications is in how you put your claim. There may however be more attention paid to the substance of what is in dispute rather than tactical manoeuvring after the recent the...
Asia Bulletin - Issue 26 - May 2010
Mediation News / 13 May 2010
In this issue of the Asia Bulletin, we give you some tips on mediation and M&A strategies, discuss the outlook for the construction market following the financial crisis, and look at some recent legal cases that will have an impact...
"The 'Rotterdam Rules' and Arbitration: Questions and Warning Signs,"
Arbitration News / 13 May 2010
A new convention on contracts for carriage by sea contains arbitration provisions that will require some untangling. This article discusses some of the issues they raise....
The "Double-Proviso" follow settlements clause
Arbitration News / 13 May 2010
Not all follow settlements provisions are the same. In many cases, the reinsurance will be expressed to be "subject to the same terms, clauses and conditions as the original" and the stated obligation of the reinsurer will be quite simply...
Fenwick Employment Brief - May 12, 2010
Arbitration News / 13 May 2010
Includes: sharply divided ninth circuit affirms class certification for more than one million wal-mart employees / california supreme court broadens judicial review of arbitration awards / news bites....
Asia Bulletin - Issue 26 - May 2010
Mediation News / 13 May 2010
In this issue of the Asia Bulletin, we give you some tips on mediation and M&A strategies, discuss the outlook for the construction market following the financial crisis, and look at some recent legal cases that will have an impact...
Conflicting interim payment provisions - Can a losing party withhold payment following an adjudication where it wants to challenge the decision?
Adjudication News / 13 May 2010
The case of Fenice Investments Inc v Jerram Falkus Construction Limited [2009] EWHC 3272 (TCC) considered how conflicting interim payment regimes within the same contract should be construed. It highlights the importance of checking that contract provisions do not conflict....
Construction Update
Adjudication News / 13 May 2010
Everyone knows that half of the art of winning adjudications is in how you put your claim. There may however be more attention paid to the substance of what is in dispute rather than tactical manoeuvring after the recent the...
Master of the rolls Lord Neuberger: ‘Train all lawyers in mediation’
Mediation News / 12 May 2010
Master of the rolls Lord Neuberger: ‘Train all lawyers in mediation’ The master of the rolls has called for mediation to become part of every lawyer’s training from university, but warned against an overzealous approach to alternative dispute resolution. Speaking...
Master of the rolls Lord Neuberger: ‘Train all lawyers in mediation’
Mediation News / 12 May 2010
Master of the rolls Lord Neuberger: ‘Train all lawyers in mediation’ The master of the rolls has called for mediation to become part of every lawyer’s training from university, but warned against an overzealous approach to alternative dispute resolution. Speaking...
Master of the rolls Lord Neuberger: ‘Train all lawyers in mediation’
Mediation News / 12 May 2010
Master of the rolls Lord Neuberger: ‘Train all lawyers in mediation’ The master of the rolls has called for mediation to become part of every lawyer’s training from university, but warned against an overzealous approach to alternative dispute resolution. Speaking...
Master of the rolls Lord Neuberger: ‘Train all lawyers in mediation’
Mediation News / 12 May 2010
Master of the rolls Lord Neuberger: ‘Train all lawyers in mediation’ The master of the rolls has called for mediation to become part of every lawyer’s training from university, but warned against an overzealous approach to alternative dispute resolution. Speaking...
Mediation In Hong Kong - Ten Years Behind But One Step Ahead?
Mediation News / 12 May 2010
Last year, following in the footsteps of England and Wales, Hong Kong implemented new rules under the Civil Justice Reforms that transformed the civil litigation landscape dramatically. The main objectives, similar to the Woolf Reforms of 1999, were to improve...
Mediation In Hong Kong - Ten Years Behind But One Step Ahead?
Mediation News / 12 May 2010
Last year, following in the footsteps of England and Wales, Hong Kong implemented new rules under the Civil Justice Reforms that transformed the civil litigation landscape dramatically. The main objectives, similar to the Woolf Reforms of 1999, were to improve...
Mediation In Hong Kong - Ten Years Behind But One Step Ahead?
Mediation News / 12 May 2010
Last year, following in the footsteps of England and Wales, Hong Kong implemented new rules under the Civil Justice Reforms that transformed the civil litigation landscape dramatically. The main objectives, similar to the Woolf Reforms of 1999, were to improve...
Mediation In Hong Kong - Ten Years Behind But One Step Ahead?
Mediation News / 12 May 2010
Last year, following in the footsteps of England and Wales, Hong Kong implemented new rules under the Civil Justice Reforms that transformed the civil litigation landscape dramatically. The main objectives, similar to the Woolf Reforms of 1999, were to improve...
Recent Court of Appeal decision further cements "West Tankers" into English Law
Arbitration News / 12 May 2010
In our August 2009 edition of the Commercial Litigation Review View>>, we analysed the decision of the European Court of Justice (ECJ) in West Tankers in which it was held that the courts of a Member State first seised must...
Recent Court of Appeal decision further cements "West Tankers" into English Law
Arbitration News / 12 May 2010
In our August 2009 edition of the Commercial Litigation Review View>>, we analysed the decision of the European Court of Justice (ECJ) in West Tankers in which it was held that the courts of a Member State first seised must...
Recent Court of Appeal decision further cements "West Tankers" into English Law
Arbitration News / 12 May 2010
In our August 2009 edition of the Commercial Litigation Review View>>, we analysed the decision of the European Court of Justice (ECJ) in West Tankers in which it was held that the courts of a Member State first seised must...
Recent Court of Appeal decision further cements "West Tankers" into English Law
Arbitration News / 12 May 2010
In our August 2009 edition of the Commercial Litigation Review View>>, we analysed the decision of the European Court of Justice (ECJ) in West Tankers in which it was held that the courts of a Member State first seised must...
Japan's New Financial ADR System
Arbitration News / 12 May 2010
October 2010 will mark the formal introduction of a new system of financial alternative dispute resolution (New Financial ADR) in Japan. In the past, alternative dispute resolution (ADR) has not been used as frequently in Japan as it has in...
Dualcorp extended: new authority on reagitated claims: AE&E Australia P/L v Stowe Australia P/L [2010] QSC 135
Adjudication News / 12 May 2010
On 4 May 2010, CBP were successful in Supreme Court proceedings to restrain an adjudication application from being served on a client even though the application would have related only to....
Court amends interest and adjudication provisions in construction contract
Adjudication News / 12 May 2010
A court decision on 13 April 2010 has potentially serious impact on whether terms included in many construction contracts which have already been entered into or which are currently being negotiated can now be relied upon as drafted....
Japan's New Financial ADR System
Arbitration News / 12 May 2010
October 2010 will mark the formal introduction of a new system of financial alternative dispute resolution (New Financial ADR) in Japan. In the past, alternative dispute resolution (ADR) has not been used as frequently in Japan as it has in...
Court amends interest and adjudication provisions in construction contract
Adjudication News / 12 May 2010
A court decision on 13 April 2010 has potentially serious impact on whether terms included in many construction contracts which have already been entered into or which are currently being negotiated can now be relied upon as drafted....
Dualcorp extended: new authority on reagitated claims: AE&E Australia P/L v Stowe Australia P/L [2010] QSC 135
Adjudication News / 12 May 2010
On 4 May 2010, CBP were successful in Supreme Court proceedings to restrain an adjudication application from being served on a client even though the application would have related only to....
Japan's New Financial ADR System
Arbitration News / 12 May 2010
October 2010 will mark the formal introduction of a new system of financial alternative dispute resolution (New Financial ADR) in Japan. In the past, alternative dispute resolution (ADR) has not been used as frequently in Japan as it has in...
Court amends interest and adjudication provisions in construction contract
Adjudication News / 12 May 2010
A court decision on 13 April 2010 has potentially serious impact on whether terms included in many construction contracts which have already been entered into or which are currently being negotiated can now be relied upon as drafted....
Dualcorp extended: new authority on reagitated claims: AE&E Australia P/L v Stowe Australia P/L [2010] QSC 135
Adjudication News / 12 May 2010
On 4 May 2010, CBP were successful in Supreme Court proceedings to restrain an adjudication application from being served on a client even though the application would have related only to: claims that had never been valued in a prior...
Court amends interest and adjudication provisions in construction contract
Adjudication News / 12 May 2010
A court decision on 13 April 2010 has potentially serious impact on whether terms included in many construction contracts which have already been entered into or which are currently being negotiated can now be relied upon as drafted....
Japan's New Financial ADR System
Arbitration News / 12 May 2010
October 2010 will mark the formal introduction of a new system of financial alternative dispute resolution (New Financial ADR) in Japan. In the past, alternative dispute resolution (ADR) has not been used as frequently in Japan as it has in...
Dualcorp extended: new authority on reagitated claims: AE&E Australia P/L v Stowe Australia P/L [2010] QSC 135
Adjudication News / 12 May 2010
On 4 May 2010, CBP were successful in Supreme Court proceedings to restrain an adjudication application from being served on a client even though the application would have related only to: claims that had never been valued in a prior...
Discusses the courts’ approach to challenges to adjudicators’ decisions
Adjudication News / 11 May 2010
Unsuccessful parties to adjudications are ever inventive in challenging adjudicators’ decisions. Jurisdictional challenges and claims of breaches of natural justice are commonplace. In considering the merits of such challenges, the Courts will not be swayed by the physical weight of...
Discusses the courts’ approach to challenges to adjudicators’ decisions
Adjudication News / 11 May 2010
Unsuccessful parties to adjudications are ever inventive in challenging adjudicators’ decisions. Jurisdictional challenges and claims of breaches of natural justice are commonplace. In considering the merits of such challenges, the Courts will not be swayed by the physical weight of...
Discusses the courts’ approach to challenges to adjudicators’ decisions
Adjudication News / 11 May 2010
Unsuccessful parties to adjudications are ever inventive in challenging adjudicators’ decisions. Jurisdictional challenges and claims of breaches of natural justice are commonplace. In considering the merits of such challenges, the Courts will not be swayed by the physical weight of...
Discusses the courts’ approach to challenges to adjudicators’ decisions
Adjudication News / 11 May 2010
Unsuccessful parties to adjudications are ever inventive in challenging adjudicators’ decisions. Jurisdictional challenges and claims of breaches of natural justice are commonplace. In considering the merits of such challenges, the Courts will not be swayed by the physical weight of...
Arbitration Act 2010: New Powers and Entitlements
Arbitration News / 11 May 2010
The Arbitration Act 2010 will come into force on 8 June 2010. In applying the UNCITRAL (United Nations Commission on International Trade Law) Model Law, the Act will align Ireland's existing arbitration rules and procedures with international standards. If you...
Arbitration Act 2010: New Powers and Entitlements
Arbitration News / 11 May 2010
The Arbitration Act 2010 will come into force on 8 June 2010. In applying the UNCITRAL (United Nations Commission on International Trade Law) Model Law, the Act will align Ireland's existing arbitration rules and procedures with international standards. If you...
Arbitration Act 2010: New Powers and Entitlements
Arbitration News / 11 May 2010
The Arbitration Act 2010 will come into force on 8 June 2010. In applying the UNCITRAL (United Nations Commission on International Trade Law) Model Law, the Act will align Ireland's existing arbitration rules and procedures with international standards. If you...
Arbitration Act 2010: New Powers and Entitlements
Arbitration News / 11 May 2010
The Arbitration Act 2010 will come into force on 8 June 2010. In applying the UNCITRAL (United Nations Commission on International Trade Law) Model Law, the Act will align Ireland's existing arbitration rules and procedures with international standards. If you...
Philip Morris initiates arbitration against Uruguay over new labeling requirements, taxes
Arbitration News / 11 May 2010
Tobacco giant Philip Morris International (PMI) has initiated an ICSID arbitration against Uruguay over new rules requiring that 80% of cigarette pack surfaces be devoted to graphic warnings of the dangers associated with smoking. The company alleges that the labeling...
Philip Morris initiates arbitration against Uruguay over new labeling requirements, taxes
Arbitration News / 11 May 2010
Tobacco giant Philip Morris International (PMI) has initiated an ICSID arbitration against Uruguay over new rules requiring that 80% of cigarette pack surfaces be devoted to graphic warnings of the dangers associated with smoking. The company alleges that the labeling...
Philip Morris initiates arbitration against Uruguay over new labeling requirements, taxes
Arbitration News / 11 May 2010
Tobacco giant Philip Morris International (PMI) has initiated an ICSID arbitration against Uruguay over new rules requiring that 80% of cigarette pack surfaces be devoted to graphic warnings of the dangers associated with smoking. The company alleges that the labeling...
ICSID Panel Denies Ukraine’s Challenge to Arbitrator
Arbitration News / 11 May 2010
On March 19, 2010 two members of an ICSID arbitral tribunal – the Honourable Davis R. Robinson (President) and Dr. Stanimir A. Alexandrov – dismissed the Ukraine’s challenge to the tribunal’s third member, Dr. Yoram Turbowicz. Arbitral proceedings between Alpha...
ICSID Panel Denies Ukraine’s Challenge to Arbitrator
Arbitration News / 11 May 2010
On March 19, 2010 two members of an ICSID arbitral tribunal – the Honourable Davis R. Robinson (President) and Dr. Stanimir A. Alexandrov – dismissed the Ukraine’s challenge to the tribunal’s third member, Dr. Yoram Turbowicz. Arbitral proceedings between Alpha...
ICSID Panel Denies Ukraine’s Challenge to Arbitrator
Arbitration News / 11 May 2010
On March 19, 2010 two members of an ICSID arbitral tribunal – the Honourable Davis R. Robinson (President) and Dr. Stanimir A. Alexandrov – dismissed the Ukraine’s challenge to the tribunal’s third member, Dr. Yoram Turbowicz. Arbitral proceedings between Alpha...
ICSID Panel Denies Ukraine’s Challenge to Arbitrator
Arbitration News / 11 May 2010
On March 19, 2010 two members of an ICSID arbitral tribunal – the Honourable Davis R. Robinson (President) and Dr. Stanimir A. Alexandrov – dismissed the Ukraine’s challenge to the tribunal’s third member, Dr. Yoram Turbowicz. Arbitral proceedings between Alpha...
International Arbitration Bulletin May 2010 – Gordian Runoff – challenges of arbitration awards in Australia
Arbitration News / 11 May 2010
International Arbitration Bulletin May 2010 – Gordian Runoff – challenges of arbitration awards in Australia The NSW Court of Appeal’s recent decision in Gordian Runoff Limited v Westport Insurance Corporation [2010] NSWCA 57 strikes the...
International Arbitration Bulletin May 2010 – Gordian Runoff – challenges of arbitration awards in Australia
Arbitration News / 11 May 2010
International Arbitration Bulletin May 2010 – Gordian Runoff – challenges of arbitration awards in Australia The NSW Court of Appeal’s recent decision in Gordian Runoff Limited v Westport Insurance Corporation [2010] NSWCA 57 strikes the...
International Arbitration Bulletin May 2010 – Gordian Runoff – challenges of arbitration awards in Australia
Arbitration News / 11 May 2010
International Arbitration Bulletin May 2010 – Gordian Runoff – challenges of arbitration awards in Australia The NSW Court of Appeal’s recent decision in Gordian Runoff Limited v Westport Insurance Corporation [2010] NSWCA 57 strikes the...
International Arbitration Bulletin May 2010 – Challenges of arbitration awards and class action arbitrations
Arbitration News / 11 May 2010
International Arbitration Bulletin May 2010 – Challenges of arbitration awards and class action arbitrations Recent decisions by the US Supreme Court and NSW Court of Appeal emphasise that arbitration, including the procedures that apply...
International Arbitration Bulletin May 2010 – Challenges of arbitration awards and class action arbitrations
Arbitration News / 11 May 2010
International Arbitration Bulletin May 2010 – Challenges of arbitration awards and class action arbitrations Recent decisions by the US Supreme Court and NSW Court of Appeal emphasise that arbitration, including the procedures that apply...
International Arbitration Bulletin May 2010 – Challenges of arbitration awards and class action arbitrations
Arbitration News / 11 May 2010
International Arbitration Bulletin May 2010 – Challenges of arbitration awards and class action arbitrations Recent decisions by the US Supreme Court and NSW Court of Appeal emphasise that arbitration, including the procedures that apply...
International Arbitration Bulletin May 2010 – Challenges of arbitration awards and class action arbitrations
Arbitration News / 11 May 2010
International Arbitration Bulletin May 2010 – Challenges of arbitration awards and class action arbitrations Recent decisions by the US Supreme Court and NSW Court of Appeal emphasise that arbitration, including the procedures that apply...
The growing importance of arbitration
Arbitration News / 11 May 2010
In a recent case, the New South Wales Court of Appeal has reaffirmed the court’s commitment to upholding Parliamentary policy to restrict judicial review of and interference with arbitral awards. The decision comes as part of an increasing recognition in...
The growing importance of arbitration
Arbitration News / 11 May 2010
In a recent case, the New South Wales Court of Appeal has reaffirmed the court’s commitment to upholding Parliamentary policy to restrict judicial review of and interference with arbitral awards. The decision comes as part of an increasing recognition in...
The growing importance of arbitration
Arbitration News / 11 May 2010
In a recent case, the New South Wales Court of Appeal has reaffirmed the court’s commitment to upholding Parliamentary policy to restrict judicial review of and interference with arbitral awards. The decision comes as part of an increasing recognition in...
The growing importance of arbitration
Arbitration News / 11 May 2010
In a recent case, the New South Wales Court of Appeal has reaffirmed the court’s commitment to upholding Parliamentary policy to restrict judicial review of and interference with arbitral awards. The decision comes as part of an increasing recognition in...
International Arbitration Bulletin May 2010 – Gordian Runoff – challenges of arbitration awards in Australia
Arbitration News / 11 May 2010
International Arbitration Bulletin May 2010 – Gordian Runoff – challenges of arbitration awards in Australia The NSW Court of Appeal’s recent decision in Gordian Runoff Limited v Westport Insurance Corporation [2010] NSWCA 57 strikes the...
A lot of effort, but little to show for it
Adjudication News / 11 May 2010
Part II of the Housing Grants, Construction and Regeneration Act 1996, which introduced adjudication and the concept of withholding notices, is facing fundamental changes. It will be necessary for all those who work in the construction industry to have a...
A lot of effort, but little to show for it
Adjudication News / 11 May 2010
Part II of the Housing Grants, Construction and Regeneration Act 1996, which introduced adjudication and the concept of withholding notices, is facing fundamental changes. It will be necessary for all those who work in the construction industry to have a...
Supreme Court Rules Against Class Arbitration in Contracts that are Silent as to Class Claims
Arbitration News / 11 May 2010
In Stolt-Nielsen S.A. v. AnimalFeeds Int'l Corp., 2010 WL 1655826 (April 27, 2010), the Supreme Court addressed the permissibility of class action arbitration when the parties' agreement is silent about whether the arbitration tribunal may address claims of multiple parties....
A lot of effort, but little to show for it
Adjudication News / 11 May 2010
Part II of the Housing Grants, Construction and Regeneration Act 1996, which introduced adjudication and the concept of withholding notices, is facing fundamental changes. It will be necessary for all those who work in the construction industry to have a...
Supreme Court Rules Against Class Arbitration in Contracts that are Silent as to Class Claims
Arbitration News / 11 May 2010
In Stolt-Nielsen S.A. v. AnimalFeeds Int'l Corp., 2010 WL 1655826 (April 27, 2010), the Supreme Court addressed the permissibility of class action arbitration when the parties' agreement is silent about whether the arbitration tribunal may address claims of multiple parties....
A lot of effort, but little to show for it
Adjudication News / 11 May 2010
Part II of the Housing Grants, Construction and Regeneration Act 1996, which introduced adjudication and the concept of withholding notices, is facing fundamental changes. It will be necessary for all those who work in the construction industry to have a...
US mediation board eases union election rules for airlines, railroads
Mediation News / 10 May 2010
US mediation board eases union election rules for airlines, railroads [JURIST] The National Mediation Board (NMB) [official website] on Monday issued a new labor rule [text, PDF] that will make it easier for airline and railroad workers to unionize. Under...
US mediation board eases union election rules for airlines, railroads
Mediation News / 10 May 2010
US mediation board eases union election rules for airlines, railroads [JURIST] The National Mediation Board (NMB) [official website] on Monday issued a new labor rule [text, PDF] that will make it easier for airline and railroad workers to unionize. Under...
US mediation board eases union election rules for airlines, railroads
Mediation News / 10 May 2010
US mediation board eases union election rules for airlines, railroads [JURIST] The National Mediation Board (NMB) [official website] on Monday issued a new labor rule [text, PDF] that will make it easier for airline and railroad workers to unionize. Under...
US mediation board eases union election rules for airlines, railroads
Mediation News / 10 May 2010
US mediation board eases union election rules for airlines, railroads [JURIST] The National Mediation Board (NMB) [official website] on Monday issued a new labor rule [text, PDF] that will make it easier for airline and railroad workers to unionize. Under...
Domestic arbitration gets the green light for its much needed overhaul
Arbitration News / 10 May 2010
Australia will get a new Model Commercial Arbitration Bill that will completely overhaul the existing Uniform Commercial Arbitration Acts....
Domestic arbitration gets the green light for its much needed overhaul
Arbitration News / 10 May 2010
Australia will get a new Model Commercial Arbitration Bill that will completely overhaul the existing Uniform Commercial Arbitration Acts....
Domestic arbitration gets the green light for its much needed overhaul
Arbitration News / 10 May 2010
In a recent case, the New South Wales Court of Appeal has reaffirmed the court’s commitment to upholding Parliamentary policy to restrict judicial review of and interference with arbitral awards. The decision comes as part of an increasing recognition in...
Domestic arbitration gets the green light for its much needed overhaul
Arbitration News / 10 May 2010
In a recent case, the New South Wales Court of Appeal has reaffirmed the court’s commitment to upholding Parliamentary policy to restrict judicial review of and interference with arbitral awards. The decision comes as part of an increasing recognition in...
Legal Changes Affecting Construction Contracts on the Horizon
Adjudication News / 09 May 2010
Construction contracts are facing significant changes when the Housing Grants, Construction and Regeneration Act 1996 amendments come into force in 2011. The most controversial change is that construction contracts will not need to be in writing. Oral contracts or those...
Legal Changes Affecting Construction Contracts on the Horizon
Adjudication News / 09 May 2010
Construction contracts are facing significant changes when the Housing Grants, Construction and Regeneration Act 1996 amendments come into force in 2011. The most controversial change is that construction contracts will not need to be in writing. Oral contracts or those...
Legal Changes Affecting Construction Contracts on the Horizon
Adjudication News / 09 May 2010
Construction contracts are facing significant changes when the Housing Grants, Construction and Regeneration Act 1996 amendments come into force in 2011. The most controversial change is that construction contracts will not need to be in writing. Oral contracts or those...
Legal Changes Affecting Construction Contracts on the Horizon
Adjudication News / 09 May 2010
Construction contracts are facing significant changes when the Housing Grants, Construction and Regeneration Act 1996 amendments come into force in 2011. The most controversial change is that construction contracts will not need to be in writing. Oral contracts or those...
Uniform arbitration laws acclaimed as leading edge
Arbitration News / 07 May 2010
Uniform arbitration laws acclaimed as leading edge Today's decision of the Standing Committee of Attorneys-General to adopt uniform national laws on domestic arbitration has been welcomed by the Federal and NSW Attorneys-General and the president of the Australian Centre for...
Uniform arbitration laws acclaimed as leading edge
Arbitration News / 07 May 2010
Uniform arbitration laws acclaimed as leading edge Today's decision of the Standing Committee of Attorneys-General to adopt uniform national laws on domestic arbitration has been welcomed by the Federal and NSW Attorneys-General and the president of the Australian Centre for...
Uniform arbitration laws acclaimed as leading edge
Arbitration News / 07 May 2010
Uniform arbitration laws acclaimed as leading edge Today's decision of the Standing Committee of Attorneys-General to adopt uniform national laws on domestic arbitration has been welcomed by the Federal and NSW Attorneys-General and the president of the Australian Centre for...
Uniform arbitration laws acclaimed as leading edge
Arbitration News / 07 May 2010
Uniform arbitration laws acclaimed as leading edge Today's decision of the Standing Committee of Attorneys-General to adopt uniform national laws on domestic arbitration has been welcomed by the Federal and NSW Attorneys-General and the president of the Australian Centre for...
The California Supreme Court Opens the Door for Increased Judicial Review of Employment Arbitration Awards
Arbitration News / 06 May 2010
The California Supreme Court in a 4-3 decision vacated an arbitration award and provided further clarification regarding mandatory, pre-dispute employment arbitration agreements and the scope of judicial review of arbitration awards. Pearson Dental Supplies, Inc. v. Sup. Ct (Turcios), No....
The California Supreme Court Opens the Door for Increased Judicial Review of Employment Arbitration Awards
Arbitration News / 06 May 2010
The California Supreme Court in a 4-3 decision vacated an arbitration award and provided further clarification regarding mandatory, pre-dispute employment arbitration agreements and the scope of judicial review of arbitration awards. Pearson Dental Supplies, Inc. v. Sup. Ct (Turcios), No....
The California Supreme Court Opens the Door for Increased Judicial Review of Employment Arbitration Awards
Arbitration News / 06 May 2010
The California Supreme Court in a 4-3 decision vacated an arbitration award and provided further clarification regarding mandatory, pre-dispute employment arbitration agreements and the scope of judicial review of arbitration awards. Pearson Dental Supplies, Inc. v. Sup. Ct (Turcios), No....
The California Supreme Court Opens the Door for Increased Judicial Review of Employment Arbitration Awards
Arbitration News / 06 May 2010
The California Supreme Court in a 4-3 decision vacated an arbitration award and provided further clarification regarding mandatory, pre-dispute employment arbitration agreements and the scope of judicial review of arbitration awards. Pearson Dental Supplies, Inc. v. Sup. Ct (Turcios), No....
Webcast: E-disclosure in Litigation: Avoid the Pitfalls - 27 May 2010
CIArb in the Press / 05 May 2010
SCL members are invited to attend Clive Freedman's webcast which is part of "The New Age of E-Discovery" summit entitled "E-disclosure in Litigation: Avoid the Pitfalls" taking place online on 27 May 2010. Webcast live date: 27 May 2010Webcast location:...
Discusses Tolent Clauses
Adjudication News / 05 May 2010
The changes to the adjudication procedures contained in the Local Democracy, Economic Development and Construction Act 2009 (“the new Construction Act”) include the outlawing of so called “Tolent clauses”. The term Tolent clauses originated from the Bridgeway Construction Limited v...
Discusses Tolent Clauses
Adjudication News / 05 May 2010
The changes to the adjudication procedures contained in the Local Democracy, Economic Development and Construction Act 2009 (“the new Construction Act”) include the outlawing of so called “Tolent clauses”. The term Tolent clauses originated from the Bridgeway Construction Limited v...
Discusses Tolent Clauses
Adjudication News / 05 May 2010
The changes to the adjudication procedures contained in the Local Democracy, Economic Development and Construction Act 2009 (“the new Construction Act”) include the outlawing of so called “Tolent clauses”. The term Tolent clauses originated from the Bridgeway Construction Limited v...
Discusses Tolent Clauses
Adjudication News / 05 May 2010
The changes to the adjudication procedures contained in the Local Democracy, Economic Development and Construction Act 2009 (“the new Construction Act”) include the outlawing of so called “Tolent clauses”. The term Tolent clauses originated from the Bridgeway Construction Limited v...
Jurisdictional Error May Once Again be Enough to Challenge an Adjudication Determination Under the Building and Construction Industry Security of Payments Act 1999 (NSW)
Adjudication News / 05 May 2010
The recent High Court decision of Kirk v Industrial Relations Commission (NSW) [2010] HCA 1 may have the effect of again widening the scope to challenge adjudication determinations....
Jurisdictional Error May Once Again be Enough to Challenge an Adjudication Determination Under the Building and Construction Industry Security of Payments Act 1999 (NSW)
Adjudication News / 05 May 2010
The recent High Court decision of Kirk v Industrial Relations Commission (NSW) [2010] HCA 1 may have the effect of again widening the scope to challenge adjudication determinations....
Jurisdictional Error May Once Again be Enough to Challenge an Adjudication Determination Under the Building and Construction Industry Security of Payments Act 1999 (NSW)
Adjudication News / 05 May 2010
The recent High Court decision of Kirk v Industrial Relations Commission (NSW) [2010] HCA 1 may have the effect of again widening the scope to challenge adjudication determinations....
Jurisdictional Error May Once Again be Enough to Challenge an Adjudication Determination Under the Building and Construction Industry Security of Payments Act 1999 (NSW)
Adjudication News / 05 May 2010
The recent High Court decision of Kirk v Industrial Relations Commission (NSW) [2010] HCA 1 may have the effect of again widening the scope to challenge adjudication determinations....
Stolt-Nielsen S.A. v. Animalfeeds International Corp
Arbitration News / 05 May 2010
Important Supreme Court Ruling Concerning Class Action Arbitrations and the Scope of Judicial Review in the Context of Domestic and International Arbitrations....
Stolt-Nielsen S.A. v. Animalfeeds International Corp
Arbitration News / 05 May 2010
Important Supreme Court Ruling Concerning Class Action Arbitrations and the Scope of Judicial Review in the Context of Domestic and International Arbitrations....
Stolt-Nielsen S.A. v. Animalfeeds International Corp
Arbitration News / 05 May 2010
Important Supreme Court Ruling Concerning Class Action Arbitrations and the Scope of Judicial Review in the Context of Domestic and International Arbitrations....
Stolt-Nielsen S.A. v. Animalfeeds International Corp
Arbitration News / 05 May 2010
Important Supreme Court Ruling Concerning Class Action Arbitrations and the Scope of Judicial Review in the Context of Domestic and International Arbitrations....
High Court Disallows Class Arbitration in Antitrust Case
Arbitration News / 04 May 2010
Emphasizing the importance of party intent, the U.S. Supreme Court on Tuesday ruled that class-action arbitration cannot be imposed on parties that have not agreed to the process, but fell short of requiring express consent. Stolt-Nielsen S.A. et al. v....
Consumer Code for Home Builders: A Summary
Adjudication News / 04 May 2010
The Code for Home Builders Scheme ('the Code') came into force on 1 April 2010....
High Court Disallows Class Arbitration in Antitrust Case
Arbitration News / 04 May 2010
Emphasizing the importance of party intent, the U.S. Supreme Court on Tuesday ruled that class-action arbitration cannot be imposed on parties that have not agreed to the process, but fell short of requiring express consent. Stolt-Nielsen S.A. et al. v....
Consumer Code for Home Builders: A Summary
Adjudication News / 04 May 2010
The Code for Home Builders Scheme ('the Code') came into force on 1 April 2010....
High Court Disallows Class Arbitration in Antitrust Case
Arbitration News / 04 May 2010
Emphasizing the importance of party intent, the U.S. Supreme Court on Tuesday ruled that class-action arbitration cannot be imposed on parties that have not agreed to the process, but fell short of requiring express consent. Stolt-Nielsen S.A. et al. v....
Consumer Code for Home Builders: A Summary
Adjudication News / 04 May 2010
The Code for Home Builders Scheme (‘the Code’) came into force on 1 April 2010. It was formed by agreement between NHBC and MD Insurance Services Ltd (trading as Premier Guarantee) and LABC New Home Warranty. These organisations have agreed...
High Court Disallows Class Arbitration in Antitrust Case
Arbitration News / 04 May 2010
Emphasizing the importance of party intent, the U.S. Supreme Court on Tuesday ruled that class-action arbitration cannot be imposed on parties that have not agreed to the process, but fell short of requiring express consent. Stolt-Nielsen S.A. et al. v....
Consumer Code for Home Builders: A Summary
Adjudication News / 04 May 2010
The Code for Home Builders Scheme (‘the Code’) came into force on 1 April 2010. It was formed by agreement between NHBC and MD Insurance Services Ltd (trading as Premier Guarantee) and LABC New Home Warranty. These organisations have agreed...
Supreme Court to clarify rules for arbitration agreements
Arbitration News / 02 May 2010
Supreme Court to clarify rules for arbitration agreements WASHINGTON—The ability of arbitration to settle disputes quickly at a modest cost is under challenge in a case in which the U.S. Supreme Court heard oral arguments last week, observers say....
Supreme Court to clarify rules for arbitration agreements
Arbitration News / 02 May 2010
Supreme Court to clarify rules for arbitration agreements WASHINGTON—The ability of arbitration to settle disputes quickly at a modest cost is under challenge in a case in which the U.S. Supreme Court heard oral arguments last week, observers say....