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Arbitration Admissibility

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
King & Spalding

Arbitrating Premature Claims: An Issue of Admissibility

King & Spalding on

The question of whether a party’s failure to comply with a mandatory step in a multi-tiered dispute resolution clause is an issue of “admissibility” or “jurisdiction” was a hot topic in the international arbitration sphere...more

Hogan Lovells

Rising to the top – Hong Kong Court of Appeal rules that escalation clauses compliance queries are best left to arbitrators -...

Hogan Lovells on

The Hong Kong Court of Appeal has confirmed that arguments over "escalation clauses" – multi tiered dispute resolution provisions which require negotiation or mediation before formal proceedings can be commenced – should be...more

McGlinchey Stafford

When do the AAA Rules Govern Arbitrability? - Commercial Law Bulletin April 25 2022

McGlinchey Stafford on

Ohio- Excess Sale Proceeds Royal Oaks Landmark, LLC v. Royal Oak Cal, LLC, 12th Dist. Clermont No. CA2021-06-025, 2022-Ohio-1144- In this appeal, the Twelfth Appellate District affirmed the trial court’s decision,...more

Hogan Lovells

Master of the Rules – Hong Kong court confirms that arbitral tribunal governs its own procedural rules

Hogan Lovells on

In T v B (Arbitration) [2022] 1 HKLRD 279 the Hong Kong court confirmed that an arbitral tribunal is the "master of its own procedural rules", and that compliance with preconditions to arbitration goes to admissibility, not...more

BCLP

Hong Kong court rules that non-compliance with pre-arbitration conditions goes to admissibility, not jurisdiction

BCLP on

In the anonymised case of T v B [2021] HKCFI 3645, the High Court of Hong Kong ruled that a challenge concerning the non-compliance with a condition precedent for commencing arbitration (“pre-arbitration condition”) is a...more

Vinson & Elkins LLP

Towards a Practical Framework for Mass Claims Under Investment Treaty Arbitration

Vinson & Elkins LLP on

The globalization of business streams has led to the rise of groups of potential claimants with similar cross-border claims, such as claims related to products or services offered on a global basis, mass disasters or economic...more

Jones Day

"Not a Cat’s Chance in Hell": English Court Clarifies Approach to Escalation Clauses

Jones Day on

The Situation: On 15 February 2021, the English High Court handed down a key judgment in Republic of Sierra Leone v. SL Mining Ltd on the issue of whether non-compliance with a clause containing a pre-arbitration procedural...more

Latham & Watkins LLP

Commercial Court: Compliance With Arbitral Preconditions a Question of Admissibility

Latham & Watkins LLP on

The decision clarifies the circumstances under which an arbitral award might be challenged. A recent decision by the English Commercial Court indicates that failure to comply with a precondition to arbitration (such as an...more

WilmerHale

Republic of Sierra Leone v SL Mining Ltd: The English Commercial Court Rules On The Effect Of Non-Compliance With A Multi-Tier...

WilmerHale on

On 15 February 2021, the English Commercial Court in Republic of Sierra Leone v. SL Mining Ltd [2021] EWHC 286 (Comm) ruled on the effect of non-compliance with a multi-tier dispute resolution provision. The decision settles...more

Carlton Fields

SDNY Grants 28 U.S.C. § 1782 Application for Discovery in Dispute Involving Republic of Lithuania

Carlton Fields on

The applicant sought to require documents and deposition testimony from an individual located in, and a corporation headquartered in, New York for use in an international arbitration initiated against the Republic of...more

JAMS

JAMS Global Construction Solutions -- Winter 2013

JAMS on

In This Issue: Using Integrated Project Delivery to Avoid Construction Conflict and Disputes; Admissibility of Nonbinding Written Dispute Board Recommendations; Be an Expert with Experts and Notices & Events. ...more

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