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Alternative Dispute Resolution (ADR) Transportation General Business

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:

Arbitration Award In International Coal Shipping Dispute Upheld As Within Tribunal’s Authority

by Carlton Fields on

An arbitration tribunal awarded damages to Sino East after Kailuan International wrongfully terminated a coal shipping contract after the delivery was delayed. The two Hong Kong-based companies’ agreement for Sino East to...more

Uber and IC Misclassification in New York: The Other Shoe May Be Dropping

by Pepper Hamilton LLP on

The New York Times today reported that the New York State Department of Labor has found two Uber drivers as eligible for unemployment benefits after having rejected the company’s argument that the drivers are independent...more

Court Compels Non-Signatory Affiliates, But Not Broker, To Arbitrate Premium Payment Dispute

by Carlton Fields on

National Union Fire Insurance Company of Pittsburgh brought a petition in a New York federal court, to compel nine related companies to arbitrate a payment dispute relating to certain policies of insurance issued to the...more

Competition & Regulation Update: Open Season on Access – Implications of Declaration of the Port of Newcastle

by DLA Piper on

On 31 May 2016, the Australian Competition Tribunal granted Glencore’s appeal and declared a service involving the use of the shipping channel at the Port of Newcastle. The Tribunal’s reasons radically alter the application...more

Shelltime 4 – who bears risk of arrest?

by Reed Smith on

In ST Shipping & Transport Pte Ltd -v- Space Shipping Ltd (“CV STEALTH”), the Commercial Court (“the Court”) heard an application arising out of an Arbitrator’s Award in respect of a dispute under a charterparty on an amended...more

Judgment in Maritime Arbitration Matter

by Hassan Elhais on

Legal Principle - Even if a Bill of Lading does not expressly contain an arbitration clause it might refer disputes to arbitration through the charterparty which may include an arbitration clause. The reference to...more

Recent amendments to the Lloyd’s Standard Salvage and Arbitration (LSSA) Clauses

by Reed Smith on

The Lloyd’s Standard Salvage and Arbitration (“LSSA”) Clauses have recently been recently amended to account for problems arising from previous salvage arbitrations and to further reduce the costs of arbitration....more

New Jersey Legislature Looking At Changes to Consumer Contract Disputes

by Genova Burns LLC on

The New Jersey Assembly’s Consumer Affairs Committee recently advanced several bills that would increase consumer protections in arbitration disputes. If passed into law, these bills would change the landscape for consumer...more

When is a "contract for the sale of goods" not a contract of sale of goods?

by Reed Smith on

A recent decision in the English Commercial Court has potentially significant ramifications for the shipping and trading industry. This decision will be of interest to...more

High Court rules on inconsistency in charterparty arbitration clauses and applicable curial law

by Reed Smith on

Reed Smith (Lianjun Li and Min Li of the Hong Kong office, Nick Shaw and Halani Lloyd of the London office) recently represented the successful Charterers in Shagang South-Asia (Hong Kong) Trading Co. Ltd v Daewoo Logistics...more

Arbitration Clauses In Employment Contracts

by Archer Norris PLC on

The Federal Arbitration Act requires courts to enforce clauses in commercial contracts that require arbitration of disputes. The U.S. Supreme Court has ruled that transportation workers engaged in interstate commerce are...more

Singapore High Court once again confirms its support of arbitral proceedings and the principle of Kompetenz-Kompetenz

by Reed Smith on

Introduction - On 19 December 2013 the Singapore High Court handed down an important judgment in The Titan Unity [2013] SGHCR 28. The judgment is significant as it reaffirms the commitment and support of the Singapore...more

Case note: Griffon Shipping LLC V Firodi Shipping Ltd. [2013] EWHC 593

by Reed Smith on

An important decision for the ship sale and purchase market has confirmed that buyers entering into a standard form Memorandum of Agreement (MOA) (on Norwegian Sale Form (NSF) 1993 terms and similar, e.g., the 2012 terms) do...more

Foreign Arbitration Agreements in Australian Voyage Charterparties Void

by Nathan Cecil on

In a recent decision the Federal Court of Australia held that foreign arbitration agreements in voyage charterparties for the carriage of goods from Australia are void. As a result, the Court refused to enforce two London...more

Application of the word "about" – When does under-consumption start?

by Reed Smith on

The Gaz Energy No.2 On 21 June 2012, the High Court handed down its decision on a time charter performance case where the issue was whether, in circumstances where the vessel has performed within the consumption...more

Reed Smith Shipping Group Monthly Bulletin - August 2011

by Reed Smith on

In This Issue: ARBITRATION ... 3 - The Commercial Court considers the exceptional circumstances in which the English court may grant an injunction restraining an arbitration with a foreign seat ... 3 -...more

Reed Smith Shipping Group Monthly Bulletin - May 2011

by Reed Smith on

In This Issue: ARBITRATION...3 Commercial Court confirms that the court’s power under s.66 Arbitration Act 1996 to enforce an arbitration award extends to declaratory awards...3 Court of Appeal considers...more

RS Shipping Bulletin - April 2011

by Reed Smith on

In This Issues: 1 ARBITRATION . . . 3 1 . 1 COURT OF APPEAL ALLOWS SERVICE OF AN ARBITRATION CLAIM FORM ON THIRD PARTIES OUT OF THE JURISDICTION . . . 3 2 CONTRACT . . . 4 2 . 1 ADMIRALTY COURT RULES...more

RS Shipping Bulletin - March 2011

by Reed Smith on

1 ARBITRATION . . . 3 1 . 1 THE FAILURE OF THE MAJORITY OF A TRIBUNAL TO SPECIFICALLY ADDRESS THE CONCERNS OF THE DISSENTING MEMBER WAS NOT A SERIOUS IRREGULARITY UNDER S.68 ARBITRATION ACT 1996 . . . . 3 2...more

RS Shipping Bulletin - January 14, 2011

by Reed Smith on

Covered in this issue 1 ARBITRATION . . .3 1 . 1 COMMERCIAL COURT CONSIDERS THE CIRCUMSTANCES IN WHICH IT MAY GRANT SECURITY WHERE A PARTY IS CHALLENGING THE JURISDICTION OF THE TRIBUNAL . . . 3 1 . 2 HIGH COURT...more

RS Shipping Bulletin - January 13, 2011

by Reed Smith on

Covered In This Issue 1 ARBITRATION . . .3 1 . 1 HIGH COURT CONSIDERS THE STANDARD OF PROOF REQUIRED IN AN APPLICATION TO APPOINT AN ARBITRATOR UNDER SECTION 18 ARBITRATION ACT 1996 . . .3 1 . 2 BY ENDORSING A COA AS...more

RS Shipping Bulletin November 2010

by Reed Smith on

In This Issue 1 ARBITRATION ...3 1.1 COURT OF APPEAL CONFIRMS THAT SECTION 72 ARBITRATION ACT 1996 IS NOT RESTRICTED TO PROCEEDINGS CONCERNING THE TRIBUNAL’S SUBSTANTIVE JURISDICTION ...3 1.2 ONLY THE AWARD AND...more

Reed Smith Shipping Bulletin - May 2010

by Reed Smith on

In This Issue: 1 ARBITRATION...3 1.1 WHAT AMOUNTS TO TAKING A STEP IN PROCEEDINGS FOR THE PURPOSES OF SECTION (9)3 OF THE ARBITRATION ACT...3 1.2 ICSID TRIBUNAL HAS JUSRISDICTION OVER INVESTMENTS RELATING TO A...more

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