July 2010
Discrimination and arbitration: where EU law clashes with the freedom of the arbitral process
Arbitration News / 29 July 2010
On 22 June 2010, the English Court of Appeal made a ruling with potentially wide-ranging repercussions in the context of parties' freedom to choose their arbitral tribunal....
Discrimination and arbitration: where EU law clashes with the freedom of the arbitral process
Arbitration News / 29 July 2010
On 22 June 2010, the English Court of Appeal made a ruling with potentially wide-ranging repercussions in the context of parties' freedom to choose their arbitral tribunal....
Discrimination and arbitration: where EU law clashes with the freedom of the arbitral process
Arbitration News / 29 July 2010
On 22 June 2010, the English Court of Appeal made a ruling with potentially wide-ranging repercussions in the context of parties' freedom to choose their arbitral tribunal....
Discrimination on the grounds of religion or belief, disability, age or sexual orientation when appointing arbitrators
CIArb News / 28 July 2010
CIArb's Practice and Standards Committee gives a commentary on the case of Jivraj v Hashwani....
CIArb Presidential Candidates
CIArb News / 28 July 2010
One of the agenda items at CIArb's Congress on 19 - 20 October this year will be the election of a Deputy President and a Vice President for next year....
Construction and Engineering London Legal Update
Arbitration News / 28 July 2010
In this issue: Sub-Saharan Africa and international arbitration - how does that work? / Middle East Briefing: Arbitration and insolvency in Dubai / Extras / Competition law compliance / Tolent clauses, interest and the case of the Chinese curtain walls...
Construction and Engineering London Legal Update
Arbitration News / 28 July 2010
In this issue: Sub-Saharan Africa and international arbitration - how does that work? / Middle East Briefing: Arbitration and insolvency in Dubai / Extras / Competition law compliance / Tolent clauses, interest and the case of the Chinese curtain walls...
Construction and Engineering London Legal Update
Arbitration News / 28 July 2010
In this issue: Sub-Saharan Africa and international arbitration - how does that work? / Middle East Briefing: Arbitration and insolvency in Dubai / Extras / Competition law compliance / Tolent clauses, interest and the case of the Chinese curtain walls...
Vietnam: New Arbitration law set to stem court disputes - Legal Business Online
Arbitration News / 28 July 2010
A new law on arbitration due to take effect in January 2011 is set to change the flow of dispute settlements ......
Vietnam: New Arbitration law set to stem court disputes - Legal Business Online
Arbitration News / 28 July 2010
A new law on arbitration due to take effect in January 2011 is set to change the flow of dispute settlements ......
Vietnam: New Arbitration law set to stem court disputes - Legal Business Online
Arbitration News / 28 July 2010
A new law on arbitration due to take effect in January 2011 is set to change the flow of dispute settlements ......
Alternative Dispute Resolution
Arbitration News / 27 July 2010
In most jurisdictions, litigation is governed by wide-ranging and detailed rules which almost invariably make it a complex, time consuming and expensive process. Very often arbitration is conducted on a similar basis and so suffers similar drawbacks. Alternative Dispute Resolution...
Alternative Dispute Resolution
Arbitration News / 27 July 2010
In most jurisdictions, litigation is governed by wide-ranging and detailed rules which almost invariably make it a complex, time consuming and expensive process. Very often arbitration is conducted on a similar basis and so suffers similar drawbacks. Alternative Dispute Resolution...
Alternative Dispute Resolution
Arbitration News / 27 July 2010
In most jurisdictions, litigation is governed by wide-ranging and detailed rules which almost invariably make it a complex, time consuming and expensive process. Very often arbitration is conducted on a similar basis and so suffers similar drawbacks. Alternative Dispute Resolution...
Denial of natural justice defeats adjudication determination
Adjudication News / 27 July 2010
Adjudication proceedings under the Building and Construction Industry Payments Act 2004 (Act) have frequently been described as a 'pressure cooker' environment for all participants, including the adjudicators. The recent decision of David & Gai Spankie & Northern Investments Holdings Pty...
OUR VIEW: Family law overhaul welcome - BCLocalNews
Mediation News / 27 July 2010
Unfortunately, the government's plan to ask couples to prove they've discussed mediation or conflict resolution before going to court could save taxpayers ......
Sir John Dyson to address 3rd Mediation Symposium
CIArb News / 26 July 2010
CIArb is delighted to announce that its 3rd Annual Mediation Symposium will take place on Wednesday 27 October 2010....
The timing of an application to an ANB and the late issuing of an adjudicator’s decision
Adjudication News / 26 July 2010
In recent years, there have been a number of court judgments concerning the enforcement of adjudicators’ decisions that have reviewed the circumstances in which an adjudicator’s decision is considered to be out of time and therefore unenforceable....
The timing of an application to an ANB and the late issuing of an adjudicator’s decision
Adjudication News / 26 July 2010
In recent years, there have been a number of court judgments concerning the enforcement of adjudicators’ decisions that have reviewed the circumstances in which an adjudicator’s decision is considered to be out of time and therefore unenforceable....
The timing of an application to an ANB and the late issuing of an adjudicator’s decision
Adjudication News / 26 July 2010
In recent years, there have been a number of court judgments concerning the enforcement of adjudicators’ decisions that have reviewed the circumstances in which an adjudicator’s decision is considered to be out of time and therefore unenforceable....
Goa to become intl arbitration destination: Moily - Times of India
Arbitration News / 26 July 2010
PANAJI: Goa will get a paperless district court and an international arbitration centre, to make it the foremost destination of arbitration cases in India, ......
China Rejects US Suggestion for Asean Mediation on Territory - Wall Street Journal
Mediation News / 26 July 2010
BEIJING—Chinese Foreign Minister Yang Jiechi rebutted remarks by US Secretary of State Hillary Clinton at a recent forum on the competing claims for ......
Mufti plays role of mediator - Malaysia Star
Mediation News / 25 July 2010
But he may have stepped up to his most controversial role yet in offering himself as the mediator in forging peace and cooperation between Umno and PAS. ......
10 Top Tips To Avoiding Construction Payment Disputes - Fresh Business Thinking
Adjudication News / 23 July 2010
Ensure that the Adjudication Clause does not say that you will have to pay the other party's and the Adjudicator's costs, whoever wins. ......
Arbitration
Arbitration News / 22 July 2010
Many contracting parties pay scant attention to the content of an arbitration clause; many entities prefer to insert a standard arbitration clause into their contracts without particular attention to the nature of the contract and/or the context in which disputes...
Arbitration
Arbitration News / 22 July 2010
Many contracting parties pay scant attention to the content of an arbitration clause; many entities prefer to insert a standard arbitration clause into their contracts without particular attention to the nature of the contract and/or the context in which disputes...
Arbitration
Arbitration News / 22 July 2010
Many contracting parties pay scant attention to the content of an arbitration clause; many entities prefer to insert a standard arbitration clause into their contracts without particular attention to the nature of the contract and/or the context in which disputes...
Arbflash - July 2010
Arbitration News / 22 July 2010
Contents: New UNCITRAL Rules / New SIAC Rules 2010 / New draft legislation to reform Spanish arbitration law / New IBA Rules on the taking of evidence in international arbitration / Contractual provisions in relation to service will bind the...
The Bureau of Consumer Financial Protection: Broad Authority to Regulate Arbitration Agreements
Arbitration News / 22 July 2010
Comprehensive financial reform legislation known as the Dodd-Frank Wall Street Reform and Consumer Protection Act recently passed both houses of Congress and will significantly alter regulation of the financial industry....
Commercial Dispute Resolution Briefing - Issue 26
Arbitration News / 22 July 2010
Includes: Arbitration / Breach of confidence / Contract / Damages / Directors’ liability / Fraud / Freezing orders / Information technology / Jurisdiction / News....
Confidentiality in mediations – A work in progress
Mediation News / 22 July 2010
Mediators often tell the parties at mediation that the mediation process is private and confidential. This may be reinforced by a mediation agreement, usually prepared by a mediator and executed by the parties that describe the mediation as “confidential”. What...
The Bureau of Consumer Financial Protection: Broad Authority to Regulate Arbitration Agreements
Arbitration News / 22 July 2010
Comprehensive financial reform legislation known as the Dodd-Frank Wall Street Reform and Consumer Protection Act recently passed both houses of Congress and will significantly alter regulation of the financial industry....
Commercial Dispute Resolution Briefing - Issue 26
Arbitration News / 22 July 2010
Includes: Arbitration / Breach of confidence / Contract / Damages / Directors’ liability / Fraud / Freezing orders / Information technology / Jurisdiction / News....
Arbflash - July 2010
Arbitration News / 22 July 2010
Contents: New UNCITRAL Rules / New SIAC Rules 2010 / New draft legislation to reform Spanish arbitration law / New IBA Rules on the taking of evidence in international arbitration / Contractual provisions in relation to service will bind the...
Confidentiality in mediations – A work in progress
Mediation News / 22 July 2010
Mediators often tell the parties at mediation that the mediation process is private and confidential. This may be reinforced by a mediation agreement, usually prepared by a mediator and executed by the parties that describe the mediation as “confidential”. What...
Confidentiality in mediations – A work in progress
Mediation News / 22 July 2010
Mediators often tell the parties at mediation that the mediation process is private and confidential. This may be reinforced by a mediation agreement, usually prepared by a mediator and executed by the parties that describe the mediation as “confidential”. What...
The Bureau of Consumer Financial Protection: Broad Authority to Regulate Arbitration Agreements
Arbitration News / 22 July 2010
On July 15, 2010, after months of deliberation, Congress passed a comprehensive financial reform bill, the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). President Obama is expected to sign the bill into law this week. The Dodd-Frank...
Commercial Dispute Resolution Briefing - Issue 26
Arbitration News / 22 July 2010
Includes: Arbitration / Breach of confidence / Contract / Damages / Directors’ liability / Fraud / Freezing orders / Information technology / Jurisdiction / News....
Arbflash - July 2010
Arbitration News / 22 July 2010
Contents: New UNCITRAL Rules / New SIAC Rules 2010 / New draft legislation to reform Spanish arbitration law / New IBA Rules on the taking of evidence in international arbitration / Contractual provisions in relation to service will bind the...
Denial of natural justice defeats adjudication determination
Adjudication News / 21 July 2010
Adjudication proceedings under the Building and Construction Industry Payments Act 2004 (Act) have frequently been described as a 'pressure cooker' environment for all participants, including the adjudicators. The recent decision of David & Gai Spankie & Northern Investments Holdings Pty...
Denial of natural justice defeats adjudication determination
Adjudication News / 21 July 2010
Adjudication proceedings under the Building and Construction Industry Payments Act 2004 (Act) have frequently been described as a 'pressure cooker' environment for all participants, including the adjudicators. The recent decision of David & Gai Spankie & Northern Investments Holdings Pty...
Denial of natural justice defeats adjudication determination
Adjudication News / 21 July 2010
Adjudication proceedings under the Building and Construction Industry Payments Act 2004 (Act) have frequently been described as a 'pressure cooker' environment for all participants, including the adjudicators. The recent decision of David & Gai Spankie & Northern Investments Holdings Pty...
Waiving right to seek stay of court proceedings in favour of arbitration
Arbitration News / 20 July 2010
The High Court in Bilta (UK) Ltd v Nazir [2010] EWHC 1086 (Ch) has ruled that, provided a party has expressly reserved its rights, an application for an extension of time to serve a defence will not amount to a...
Waiving right to seek stay of court proceedings in favour of arbitration
Arbitration News / 20 July 2010
The High Court in Bilta (UK) Ltd v Nazir [2010] EWHC 1086 (Ch) has ruled that, provided a party has expressly reserved its rights, an application for an extension of time to serve a defence will not amount to a...
Waiving right to seek stay of court proceedings in favour of arbitration
Arbitration News / 20 July 2010
The High Court in Bilta (UK) Ltd v Nazir [2010] EWHC 1086 (Ch) has ruled that, provided a party has expressly reserved its rights, an application for an extension of time to serve a defence will not amount to a...
The Impact of German Insolvency Proceedings on International Arbitration
Arbitration News / 20 July 2010
The impact of insolvency proceedings on arbitral proceedings is becoming an increasingly important consideration for parties. Two scenarios can be generally envisioned: (i) a company files for insolvency while it is engaged in arbitral proceedings; or (ii) arbitral proceedings are...
Arbitration and Insolvency Law in Dubai: Is There a Link?
Arbitration News / 20 July 2010
Dubai currently has no effective insolvency law. Try to imagine it: How would creditors recover their entitlements? Does it lead to more arbitration activity? Does it explain why the Dubai International Arbitration Centre received more than 300 new cases last...
When International Arbitrations and US Bankruptcies Collide
Arbitration News / 20 July 2010
The question of what happens to an international arbitration when a party files for bankruptcy in the United States is arising with increasing frequency. In the United States, the public policy interests that underlie both bankruptcy and arbitration legislation sometimes...
New ICSID Annulment Decision Exposes Possible Gap in United States Investment Treaty Protection
Arbitration News / 20 July 2010
A recent arbitral decision by an annulment panel of the Washington, D.C.-based International Centre for Settlement of Investment Disputes (ICSID) exposes possible shortcomings in the protection afforded to investors under numerous bilateral investment treaties (BITs) and Free Trade Agreements (FTAs)...
When International Arbitrations and US Bankruptcies Collide
Arbitration News / 20 July 2010
The question of what happens to an international arbitration when a party files for bankruptcy in the United States is arising with increasing frequency. In the United States, the public policy interests that underlie both bankruptcy and arbitration legislation sometimes...
The Impact of German Insolvency Proceedings on International Arbitration
Arbitration News / 20 July 2010
The impact of insolvency proceedings on arbitral proceedings is becoming an increasingly important consideration for parties. Two scenarios can be generally envisioned: (i) a company files for insolvency while it is engaged in arbitral proceedings; or (ii) arbitral proceedings are...
Arbitration and Insolvency Law in Dubai: Is There a Link?
Arbitration News / 20 July 2010
Dubai currently has no effective insolvency law. Try to imagine it: How would creditors recover their entitlements? Does it lead to more arbitration activity? Does it explain why the Dubai International Arbitration Centre received more than 300 new cases last...
New ICSID Annulment Decision Exposes Possible Gap in United States Investment Treaty Protection
Arbitration News / 20 July 2010
A recent arbitral decision by an annulment panel of the Washington, D.C.-based International Centre for Settlement of Investment Disputes (ICSID) exposes possible shortcomings in the protection afforded to investors under numerous bilateral investment treaties (BITs) and Free Trade Agreements (FTAs)...
When International Arbitrations and US Bankruptcies Collide
Arbitration News / 20 July 2010
The question of what happens to an international arbitration when a party files for bankruptcy in the United States is arising with increasing frequency. In the United States, the public policy interests that underlie both bankruptcy and arbitration legislation sometimes...
The Impact of German Insolvency Proceedings on International Arbitration
Arbitration News / 20 July 2010
The impact of insolvency proceedings on arbitral proceedings is becoming an increasingly important consideration for parties. Two scenarios can be generally envisioned: (i) a company files for insolvency while it is engaged in arbitral proceedings; or (ii) arbitral proceedings are...
Arbitration and Insolvency Law in Dubai: Is There a Link?
Arbitration News / 20 July 2010
Dubai currently has no effective insolvency law. Try to imagine it: How would creditors recover their entitlements? Does it lead to more arbitration activity? Does it explain why the Dubai International Arbitration Centre received more than 300 new cases last...
New ICSID Annulment Decision Exposes Possible Gap in United States Investment Treaty Protection
Arbitration News / 20 July 2010
A recent arbitral decision by an annulment panel of the Washington, D.C.-based International Centre for Settlement of Investment Disputes (ICSID) exposes possible shortcomings in the protection afforded to investors under numerous bilateral investment treaties (BITs) and Free Trade Agreements (FTAs)...
Risks of Internal Mediation
Mediation News / 20 July 2010
In Sakar v West London Health NHS Trust [2010] IRLR 508 the Court of Appeal reinstates the Employment Tribunal’s ruling that it was unfair to dismiss a consultant psychiatrist following complaints of harassment and distressing conduct when those complaints had...
35 Years After Their Adoption, UNCITRAL Arbitration Rules Are Revised
Arbitration News / 19 July 2010
PDF Version NEW UNCITRAL ARBITRATION RULES - The United Nations Commission on International Trade Law ("UNCITRAL") announced on July 12, 2010, the publication of revised arbitration rules. These new rules will replace the 1976 version and come into full force...
35 Years After Their Adoption, UNCITRAL Arbitration Rules Are Revised
Arbitration News / 19 July 2010
PDF Version NEW UNCITRAL ARBITRATION RULES - The United Nations Commission on International Trade Law ("UNCITRAL") announced on July 12, 2010, the publication of revised arbitration rules. These new rules will replace the 1976 version and come into full force...
35 Years After Their Adoption, UNCITRAL Arbitration Rules Are Revised
Arbitration News / 19 July 2010
The United Nations Commission on International Trade Law ("UNCITRAL") announced on July 12, 2010, the publication of revised arbitration rules. These new rules will replace the 1976 version and come into full force and effect on August 15, 2010....
Standard Arbitration Clauses for the AAA ICDR and ICC
Arbitration News / 17 July 2010
A selection of standard recommended arbitration clauses of the American Arbitration Association (AAA), International Centre for Dispute Resolution (ICDR) and International Chamber of Commerce (ICC). These Standard Clauses have integrated notes with important explanations and drafting tips....
Standard Arbitration Clauses for the AAA ICDR and ICC
Arbitration News / 17 July 2010
A selection of standard recommended arbitration clauses of the American Arbitration Association (AAA), International Centre for Dispute Resolution (ICDR) and International Chamber of Commerce (ICC). These Standard Clauses have integrated notes with important explanations and drafting tips....
Standard Arbitration Clauses for the AAA ICDR and ICC
Arbitration News / 17 July 2010
A selection of standard recommended arbitration clauses of the American Arbitration Association (AAA), International Centre for Dispute Resolution (ICDR) and International Chamber of Commerce (ICC). These Standard Clauses have integrated notes with important explanations and drafting tips....
Commercial Litigation Bulletin - Juluy 2010
Arbitration News / 16 July 2010
Inside: Enforcement of Foreign Arbitral Awards in Canada / Ontario Court of Appeal Rejects New Defence to Enforcement of Foreign Judgments....
Commercial Litigation Bulletin - Juluy 2010
Arbitration News / 16 July 2010
Inside: Enforcement of Foreign Arbitral Awards in Canada / Ontario Court of Appeal Rejects New Defence to Enforcement of Foreign Judgments....
Commercial Litigation Bulletin - Juluy 2010
Arbitration News / 16 July 2010
Inside: Enforcement of Foreign Arbitral Awards in Canada / Ontario Court of Appeal Rejects New Defence to Enforcement of Foreign Judgments....
Unresolved Questions in the Wake of the U.S. Supreme Court’s Class Arbitration Ruling in Stolt-Nielsen v. AnimalFeeds International
Arbitration News / 15 July 2010
The article focuses on the Supreme Court’s decision in Stolt-Nielsen v. AnimalFeeds Int;l., which ruled on when class action procedures can be used in arbitration. The article discusses Justice Ruth Bader Ginsburg’s dissenting opinion which could, according to Mr. Crotty,...
Unresolved Questions in the Wake of the U.S. Supreme Court’s Class Arbitration Ruling in Stolt-Nielsen v. AnimalFeeds International
Arbitration News / 15 July 2010
The article focuses on the Supreme Court’s decision in Stolt-Nielsen v. AnimalFeeds Int;l., which ruled on when class action procedures can be used in arbitration. The article discusses Justice Ruth Bader Ginsburg’s dissenting opinion which could, according to Mr. Crotty,...
Unresolved Questions in the Wake of the U.S. Supreme Court’s Class Arbitration Ruling in Stolt-Nielsen v. AnimalFeeds International
Arbitration News / 15 July 2010
The article focuses on the Supreme Court’s decision in Stolt-Nielsen v. AnimalFeeds Int;l., which ruled on when class action procedures can be used in arbitration. The article discusses Justice Ruth Bader Ginsburg’s dissenting opinion which could, according to Mr. Crotty,...
High Court On How To Write Arbitration Agreements
Arbitration News / 15 July 2010
The U.S. Supreme Court recently provided important guidance on drafting arbitration clauses. The court held in Rent-A-Center West Inc. v. Jackson that arbitrators, not courts, will decide whether an arbitration agreement is void as unconscionable if the arbitration agreement is...
The supervening insolvency of a successful party in adjudication
Adjudication News / 13 July 2010
In England and Wales, it is well established law that the Courts have discretion to issue a stay in adjudication enforcement proceedings where there is evidence of the supervening insolvency of the successful party. The situation in Scotland concerning supervening...
The supervening insolvency of a successful party in adjudication
Adjudication News / 13 July 2010
In England and Wales, it is well established law that the Courts have discretion to issue a stay in adjudication enforcement proceedings where there is evidence of the supervening insolvency of the successful party. The situation in Scotland concerning supervening...
The supervening insolvency of a successful party in adjudication
Adjudication News / 13 July 2010
In England and Wales, it is well established law that the Courts have discretion to issue a stay in adjudication enforcement proceedings where there is evidence of the supervening insolvency of the successful party. The situation in Scotland concerning supervening...
A brief case law update
Arbitration News / 12 July 2010
Recent case law confirms that, to be a "construction contract", all contract terms must be in writing, provides guidance on the construction of a condition precedent, considers whether time was of the essence in a payment provision, and rules on...
A brief case law update
Arbitration News / 12 July 2010
Recent case law confirms that, to be a "construction contract", all contract terms must be in writing, provides guidance on the construction of a condition precedent, considers whether time was of the essence in a payment provision, and rules on...
A brief case law update
Arbitration News / 12 July 2010
Recent case law confirms that, to be a “construction contract”, all contract terms must be in writing, provides guidance on the construction of a condition precedent, considers whether time was of the essence in a payment provision, and rules on...
Measure - Summer 2010
Arbitration News / 08 July 2010
Includes: Investing in Emerging Markets After the Fall / Islamic Finance: Financing Shipbuilding by Shari’ah-Compliant Investors / Arbitration: Enforcement of Foreign Arbitral Awards / Energy: LNG in the Global Energy Market / Construction: Risks of Road Tunneling Projects....
Wide definition of "employee" under discrimination legislation includes arbitrators
Arbitration News / 08 July 2010
The Court of Appeal has held that arbitrators are employees for the purposes of religion and belief discrimination and that a clause requiring arbitrators to be members of the Ismaili community was discriminatory and therefore void (Nurdin Jivraj v Sadruddin...
Changes to SIAC Arbitration Rules
Arbitration News / 08 July 2010
The Singapore International Arbitration Centrehas released a revision of its SIAC Arbitration Rules (SIAC Rules), which took effect on 1 July 2010....
Wide definition of "employee" under discrimination legislation includes arbitrators
Arbitration News / 08 July 2010
The Court of Appeal has held that arbitrators are employees for the purposes of religion and belief discrimination and that a clause requiring arbitrators to be members of the Ismaili community was discriminatory and therefore void (Nurdin Jivraj v Sadruddin...
Measure - Summer 2010
Arbitration News / 08 July 2010
Includes: Investing in Emerging Markets After the Fall / Islamic Finance: Financing Shipbuilding by Shari’ah-Compliant Investors / Arbitration: Enforcement of Foreign Arbitral Awards / Energy: LNG in the Global Energy Market / Construction: Risks of Road Tunneling Projects....
Changes to SIAC Arbitration Rules
Arbitration News / 08 July 2010
The Singapore International Arbitration Centrehas released a revision of its SIAC Arbitration Rules (SIAC Rules), which took effect on 1 July 2010....
Wide definition of "employee" under discrimination legislation includes arbitrators
Arbitration News / 08 July 2010
The Court of Appeal has held that arbitrators are employees for the purposes of religion and belief discrimination and that a clause requiring arbitrators to be members of the Ismaili community was discriminatory and therefore void (Nurdin Jivraj v Sadruddin...
Measure - Summer 2010
Arbitration News / 08 July 2010
Includes: Investing in Emerging Markets After the Fall / Islamic Finance: Financing Shipbuilding by Shari’ah-Compliant Investors / Arbitration: Enforcement of Foreign Arbitral Awards / Energy: LNG in the Global Energy Market / Construction: Risks of Road Tunneling Projects....
Changes to SIAC Arbitration Rules
Arbitration News / 08 July 2010
The Singapore International Arbitration Centre (SIAC) has released a revision of its SIAC Arbitration Rules (SIAC Rules). This is the first major revision of the SIAC Rules since 2007. The revised SIAC Rules took effect on 1 July 2010 and...
Asia Dispute Resolution briefing - Issue 1
Arbitration News / 02 July 2010
Includes: What is the correct forum? Exclusive jurisdiction clauses and their applicability to third parties / E is not for easy / Enforcement of Hong Kong arbitral awards in the PRC / Class actions in Hong Kong / CJR and...
Australian International Arbitration Reform
Arbitration News / 02 July 2010
Asian and overseas economies continue to provide growth for Australian businesses resulting in an increasing number of commercial agreements with international parties. Providing a fair, cost-effective, efficient dispute resolution process to Australian and overseas entities on cross-border transactions is imperative...
TheArbiter - June 2010
Arbitration News / 02 July 2010
In this issue: Spotlight on Turkey / A Review of the Immunity of Expert Witnesses / LCIA India: New Arbitration Rules Signal a New Start for Institutional Commercial Arbitration in India / Reform of the UK’s Anti-Bribery Laws Through the...
ECJ Case C 40/08 Asturcom – EU Unfair Terms Law Confirmed as a Matter of Public Policy
Arbitration News / 02 July 2010
"In the 2006 Mostaza Claro case, the European Court of Justice (“ECJ”) held that Directive 93/13 on unfair terms in consumer contracts provides a defence against arbitral awards in an action for annulment, even when the consumer failed to plead...
State Courts and Document Production
Arbitration News / 02 July 2010
The participants in an international arbitration – parties, arbitrators and counsel – have traditionally sought a relationship with State courts that is not unlike the relationship desired by teenage children (and more than a few adult children) with their parents:...
Asia Dispute Resolution briefing - Issue 1
Arbitration News / 02 July 2010
Includes: What is the correct forum? Exclusive jurisdiction clauses and their applicability to third parties / E is not for easy / Enforcement of Hong Kong arbitral awards in the PRC / Class actions in Hong Kong / CJR and...
ECJ Case C 40/08 Asturcom – EU Unfair Terms Law Confirmed as a Matter of Public Policy
Arbitration News / 02 July 2010
"In the 2006 Mostaza Claro case, the European Court of Justice (“ECJ”) held that Directive 93/13 on unfair terms in consumer contracts provides a defence against arbitral awards in an action for annulment, even when the consumer failed to plead...
Australian International Arbitration Reform
Arbitration News / 02 July 2010
Asian and overseas economies continue to provide growth for Australian businesses resulting in an increasing number of commercial agreements with international parties. Providing a fair, cost-effective, efficient dispute resolution process to Australian and overseas entities on cross-border transactions is imperative...
TheArbiter - June 2010
Arbitration News / 02 July 2010
In this issue: Spotlight on Turkey / A Review of the Immunity of Expert Witnesses / LCIA India: New Arbitration Rules Signal a New Start for Institutional Commercial Arbitration in India / Reform of the UK’s Anti-Bribery Laws Through the...
State Courts and Document Production
Arbitration News / 02 July 2010
The participants in an international arbitration – parties, arbitrators and counsel – have traditionally sought a relationship with State courts that is not unlike the relationship desired by teenage children (and more than a few adult children) with their parents:...
Asia Dispute Resolution briefing - Issue 1
Arbitration News / 02 July 2010
Includes: What is the correct forum? Exclusive jurisdiction clauses and their applicability to third parties / E is not for easy / Enforcement of Hong Kong arbitral awards in the PRC / Class actions in Hong Kong / CJR and...
ECJ Case C 40/08 Asturcom – EU Unfair Terms Law Confirmed as a Matter of Public Policy
Arbitration News / 02 July 2010
"In the 2006 Mostaza Claro case, the European Court of Justice (“ECJ”) held that Directive 93/13 on unfair terms in consumer contracts provides a defence against arbitral awards in an action for annulment, even when the consumer failed to plead...
Australian International Arbitration Reform
Arbitration News / 02 July 2010
Asian and overseas economies continue to provide growth for Australian businesses resulting in an increasing number of commercial agreements with international parties. Providing a fair, cost-effective, efficient dispute resolution process to Australian and overseas entities on cross-border transactions is imperative...
TheArbiter - June 2010
Arbitration News / 02 July 2010
In this issue: Spotlight on Turkey / A Review of the Immunity of Expert Witnesses / LCIA India: New Arbitration Rules Signal a New Start for Institutional Commercial Arbitration in India / Reform of the UK’s Anti-Bribery Laws Through the...
State Courts and Document Production
Arbitration News / 02 July 2010
The participants in an international arbitration – parties, arbitrators and counsel – have traditionally sought a relationship with State courts that is not unlike the relationship desired by teenage children (and more than a few adult children) with their parents:...
10 TOP TIPS TO AVOIDING CONSTRUCTION PAYMENT DISPUTES - BigNews.biz (press release)
Adjudication News / 01 July 2010
Ensure that the Adjudication Clause does not say that you will have to pay the other party's and the Adjudicator's costs, whoever wins. ......
To what extent are Adjudication Determinations under the Building and Construction Industry Security of Payments Act 1999 (NSW) subject to review by the Court?
Adjudication News / 01 July 2010
Since our article in April 2010, there have been some further developments on the question of the ability of parties to seek the Supreme Court’s assistance to set aside unfavourable determinations made under the Building and Construction Industry Security of...
To what extent are Adjudication Determinations under the Building and Construction Industry Security of Payments Act 1999 (NSW) subject to review by the Court?
Adjudication News / 01 July 2010
Since our article in April 2010, there have been some further developments on the question of the ability of parties to seek the Supreme Court’s assistance to set aside unfavourable determinations made under the Building and Construction Industry Security of...
To what extent are Adjudication Determinations under the Building and Construction Industry Security of Payments Act 1999 (NSW) subject to review by the Court?
Adjudication News / 01 July 2010
Since our article in April 2010, there have been some further developments on the question of the ability of parties to seek the Supreme Court’s assistance to set aside unfavourable determinations made under the Building and Construction Industry Security of...
Adjudication - Be careful what you wish for!
Adjudication News / 01 July 2010
It has been a common practice for the last 12 years for the Referring Party to carefully choose the terms of reference for the adjudicator so that the matter referred is the most advantageous to the Referring Party and most...