Arbitration News
Construction and Engineering London Legal Update
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... [Read more]
Vietnam: New Arbitration law set to stem court disputes - Legal Business Online
28 July 2010
A new law on arbitration due to take effect in January 2011 is set to change the flow of dispute settlements ...... [Read more]
Alternative Dispute Resolution
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... [Read more]
Goa to become intl arbitration destination: Moily - Times of India
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, ...... [Read more]
Arbitration
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... [Read more]
Arbflash - July 2010
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... [Read more]
Commercial Dispute Resolution Briefing - Issue 26
22 July 2010
Includes: Arbitration / Breach of confidence / Contract / Damages / Directors’ liability / Fraud / Freezing orders / Information technology / Jurisdiction / News.... [Read more]
The Bureau of Consumer Financial Protection: Broad Authority to Regulate Arbitration Agreements
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... [Read more]
Waiving right to seek stay of court proceedings in favour of arbitration
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... [Read more]
New ICSID Annulment Decision Exposes Possible Gap in United States Investment Treaty Protection
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)... [Read more]
Arbitration and Insolvency Law in Dubai: Is There a Link?
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... [Read more]
The Impact of German Insolvency Proceedings on International Arbitration
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... [Read more]
When International Arbitrations and US Bankruptcies Collide
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... [Read more]
35 Years After Their Adoption, UNCITRAL Arbitration Rules Are Revised
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.... [Read more]
Standard Arbitration Clauses for the AAA ICDR and ICC
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.... [Read more]
Commercial Litigation Bulletin - Juluy 2010
16 July 2010
Inside: Enforcement of Foreign Arbitral Awards in Canada / Ontario Court of Appeal Rejects New Defence to Enforcement of Foreign Judgments.... [Read more]
High Court On How To Write Arbitration Agreements
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... [Read more]
Unresolved Questions in the Wake of the U.S. Supreme Court’s Class Arbitration Ruling in Stolt-Nielsen v. AnimalFeeds International
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,... [Read more]
A brief case law update
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... [Read more]
Changes to SIAC Arbitration Rules
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... [Read more]