Arbitration News
U.S. Supreme Court Reaffirms Support for Arbitration of Statutory Claims
01 February 2012
The U.S. Supreme Court, enforcing an arbitration clause, found that the “right to sue” language and the references to “court” and “action” in the federal Credit Repair Organizations Act were a “commonplace” means of referring to a cause of action... [Read more]
Court of Appeal affirms West Tankers pro-arbitration decision endorsing an arbitral award in the face of a possible inconsistent Italian judgment (26 January 2012)
27 January 2012
Court of Appeal affirms West Tankers pro-arbitration decision endorsing an arbitral award in the face of a possible inconsistent Italian judgment On 24 January 2012, the Court of Appeal handed down its keenly awaited decision in West Tankers Inc v... [Read more]
Mediation Costs Not Recoverable by FDCPA Plaintiff, 11th Circuit Rules
24 January 2012
A consumer who prevails in a lawsuit under the Fair Debt Collection Practices Act cannot recover the expenses of a court-ordered mediation, a federal appeals court has ruled. The January 10 decision by the 11th Circuit Court of Appeals in... [Read more]
NLRB Rules that Requiring Employees to Waive Class-Wide Arbitration Constitutes an Unfair Labor Practice
13 January 2012
Labor and Employment Alert... [Read more]
Family Dispute Arbitration Scheme Launches in February
09 January 2012
Divorcing couples who are unable to resolve financial matters by agreement will soon be able to use a new arbitration scheme as an alternative to litigation. Arbitration has long been a popular method for resolving commercial disputes and, for certain... [Read more]
Is it a bird? Is it a plane? Is it 'mediation privilege'?
05 January 2012
Parties entering into a mediation usually sign a mediation agreement in advance which will include detailed and express provisions regarding confidentiality and privilege... [Read more]
Rise in demand for mediation services
04 January 2012
More businesses are using mediation services to resolve their disputes instead of taking matters to Court, according to commercial litigation experts at Shakespeares. In doing so, they are minimising costs ...... [Read more]
CIArb's Costs of International Arbitration Survey 2011: the costs debate continues (Arbflash, December 2011)
21 December 2011
On 27 September 2011, the CIArb presented the results of its survey. The survey was conducted from November 2010 to June 2011 and included information on 254 arbitrations conducted between 1991 and 2010. Some of the findings were controversial, for... [Read more]
Ten Hallmarks of Effective Arbitration Agreements with Sovereigns and State Entities
20 December 2011
Arbitrating with sovereigns involves all of the issues inherent in proceedings between private entities plus a variety of specialized concerns. This article lists 10 of the most critical terms to ensure a level playing field in resolving a dispute with... [Read more]
Employment law reforms – what's on the cards?
09 December 2011
On 23 November 2011, Business Secretary Vince Cable announced the Government's radical proposals to reform employment law.... [Read more]
Orange County Business Journal Guest Article: Not All Arbitration Clauses Are Created Equal - Are you getting what you bargained for? 12/08/2011 Mark Erickson
09 December 2011
Haynes and Boone's Newsroom Orange County Business Journal Guest Article: Not All Arbitration Clauses Are Created Equal - Are you getting what you bargained for? 12/08/2011 Mark Erickson A common clause in today's commercial contracts is the "dispute resolution" clause... [Read more]
The International Chamber of Commerce Revises its Rules of Arbitration
01 December 2011
The International Chamber of Commerce (ICC) has launched a much anticipated revised version of its Rules of Arbitration. The revised Rules come into effect on 1 January 2012, replacing the current ICC Rules that have been in place since 1998.... [Read more]
International Arbitration in Australia: the need to centralise judicial power
10 November 2011
You may be trying to access this site from a secured browser on the server. Please enable scripts and reload this page. Turn on more accessible mode Turn off more accessible mode Skip Ribbon Commands Skip to main content This... [Read more]
U.S. Supreme Court Reiterates Strong Commitment to Enforcement of Arbitration Clauses
09 November 2011
In its unanimous November 7, 2011, per curiam decision in KPMG LLP v. Cocchi, the U.S. Supreme Court once again admonished state and federal courts that there is an “emphatic federal policy in favor of arbitral dispute resolution... [Read more]
Commercial Arbitration and the Canadian Justice System: Recent Decisions of the Supreme Court of Canada
09 November 2011
Commercial arbitration – both domestic and international – is an established and frequently employed dispute resolution mechanism in Canada, and one that is legislatively protected... [Read more]
"Appeal court decides standard of review arising from NAFTA arbitral awards," International Law Office , October 2011
29 October 2011
In this article, Soloman Lam comments on the decision released on October 4, 2011 by the Ontario Court of Appeal in Mexico v Cargill, Incorporated , 2011 ONCA 622. The court addressed the appropriate standard of review for jurisdictional challenges... [Read more]
Could the Supreme Court’s Enforcement of Arbitration in Concepcion Reverberate in the Securities Litigation Sphere?
27 October 2011
First published by Securities Litigation Report, September 2011 By Jennifer Poppe and Alithea Sullivan A recent U.S. Supreme Court decision may cause corporations to reconsider a possible way to avoid costly and often counter-productive securities class actions. In AT&T Mobility... [Read more]
Reinsurers win decade-long battle in High Court
06 October 2011
On 5 October 2011, the High Court brought to an end a reinsurance dispute which has spanned a decade.... [Read more]
The 2012 ICC Rules of Arbitration: New Rules, New Responsibilities
03 October 2011
The International Court of Arbitration of the International Chamber of Commerce (the "ICC") launched its long-awaited revised version of the Rules of Arbitration (the "Rules") on 12 September 2011. The Rules come into effect for arbitrations commenced on or after... [Read more]