Adjudicatory Process

News & Analysis as of

Singapore: The Second Persero Case*

A judgment of July 16, 2014 of the Singapore High Court enforcing a “binding” but not “final” decision of a dispute adjudication board under the FIDIC Conditions of Contract for Construction 1999 (the so-called “Red Book”)...more

Adjudicate or Rule Make? That May Not Be A Question For The Courts

Professor Stephen Bainbridge yesterday passed along Henry G. Manne’s criticism of the SEC’s use of adjudication in lieu of rulemaking. For those who haven’t taken my Administrative Law class, there are actually two types of...more

New York Adopts Rule Allowing Parties to Agree to 'Accelerated Adjudication' of Lawsuits in the Commercial Division of New York...

The New York state court has adopted a rule that will allow parties to agree to have a Commercial Division lawsuit heard on an expedited basis. The rule permits parties to agree in a contract that any lawsuit arising out of...more

New Court Ruling Permits Adjudication Claims under a Collateral Warranty

For decades, contractors and consultants have been giving collateral warranties to relevant third parties on UK construction projects. However, in a recent unexpected development, in the case of Parkwood Leisure Limited v...more

International Trade Commission Takes Steps to Promote Early Adjudication of Dispositive Issues

On June 24, 2013, the International Trade Commission (“ITC”) announced a pilot program for early adjudication of potentially-dispositive issues in investigations. The pilot program is part of ongoing efforts by the ITC to...more

New FIDIC Guidance: Should a party to a FIDIC contract be able to enforce a ‘binding’ DAB decision before the decision has become...

On 1 April 2013, FIDIC issued guidance on how to deal with a contracting party who has failed to comply with a ‘binding’ decision of a Dispute Adjudication Board - The standard FIDIC form of contract contains a tiered...more

U.S. International Trade Commission Publishes Rules of General Application and Adjudication and Enforcement Effective May 20, 2013

On April 19, 2013, the U.S. International Trade Commission (“Commission”) published final Rules of General Application and Adjudication and Enforcement (78 Fed. Reg. 23474-82), which become effective on May 20, 2013. The...more

H-2B Adjudication Resumed

As previously reported, on March 22, 2013, USCIS temporarily suspended adjudication of most H-2B petitions while the government considered appropriate action in response to the Court Order in Comite de Apoyo a los...more

Consenting Adults: D.C. Circuit Tells Press To Stay Out Of SEC-AIG Relationship

What happens between a mature multinational insurance corporation and its regulator is nobody’s business, or so says the United States Court of Appeals for the D.C. Circuit, which issued an opinion in SEC v. AIG on February...more

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