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Arbitration Arbitration Procedural Rules

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 -
Carlton Fields

Oregon District Court Denies Motion to Compel Arbitration, Finds It Involves Procedural Questions Best Left to Arbitrators

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In Sacramento Drilling Inc. v National Casualty Co., the U.S. District Court for the District of Oregon addressed an amended motion to compel arbitration brought by defendant National Casualty Co. seeking to limit arbitration...more

Vinson & Elkins LLP

Guide to Arbitral Institutions and the Seat of Arbitration in London

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When parties plan to resolve disputes by arbitration, there are several key considerations regarding procedure. In the first of a multi-part series, we look at two key features to consider when drafting (and applying) your...more

Troutman Pepper

JAMS Issues New Mass Arbitration Procedures

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On May 2, JAMS announced its new Mass Arbitration Procedures and Guidelines and Mass Arbitration Procedures Fee Schedule (together, the Procedures), with the express goal to “facilitate the fair, expeditious and efficient...more

Ballard Spahr LLP

JAMS adopts mass arbitration procedures and guidelines

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After several years of refusing to adopt special rules applicable in mass arbitration proceedings, JAMS announced that it has issued Mass Arbitration Procedures and Guidelines and a Mass Arbitration Procedures Fee Schedule...more

Miles Mediation & Arbitration

Arbitrating at Miles: Miles’ Arbitrators Weigh in on Trends and How to Prepare for Your Hearing

Over the past year, Miles Mediation & Arbitration has revamped and expanded its Arbitration Division to make arbitrations more convenient and cost-effective for the parties involved. Miles now has nearly four dozen...more

Latham & Watkins LLP

UK Arbitration Act 2.0: Government Announces Targeted Reforms

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The Arbitration Bill’s changes clarify important aspects of English arbitral law, reinforcing London’s position as a leader in international arbitration. On 21 November 2023, the UK government unveiled its long-awaited plans...more

A&O Shearman

Reform of the Arbitration Act 1996: Law Commission’s Final Report and Amendment Bill

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On 6 September 2023, the Law Commission of England & Wales published its final report on potential reforms to the English Arbitration Act 1996 (the “Act”). The report recommends making changes in six key areas, as well as a...more

ArentFox Schiff

Emphasizing Efficiency, Supreme Court Requires District Courts To Stay Proceedings During Interlocutory Appeal on Arbitrability

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In a 5-4 decision, the US Supreme Court sided with defendants seeking to compel arbitration of claims filed against them in federal court. Announcing a new rule, the Court in Coinbase v. Bielski held that when a district...more

Shumaker, Loop & Kendrick, LLP

"Arbitration Agreements in Residential Construction Contracts," ActionLine Spring 2023

Since July 2019, Florida has seen an influx of over 550,000 new residents, driven in large part by economic migration from other states. This population growth has been accompanied, at least until the third quarter of 2022,...more

Orrick, Herrington & Sutcliffe LLP

Singapore's New Approach to Determining Arbitrability

While it might seem to a commercial negotiator to be a point of pedantic detail in drafting an arbitration clause, the recent decision of Anupam Mittal v. Westbridge Ventures emphasises the importance for commercial parties...more

White & Case LLP

Determining arbitrability of disputes in Singapore: the “composite” approach

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Traditionally, there has been a lack of clarity across jurisdictions over what law applies to determine whether a dispute is arbitrable. The Singapore Court of Appeal has now set out a novel "composite" approach, considering...more

Morrison & Foerster LLP

Singapore Court of Appeal Rules That the Law of the Arbitration Agreement Determines Arbitrability at the Pre-Award Stage

In Anupam Mittal v Westbridge Ventures II Investment Holdings, [2023] SGCA 1, the Singapore Court of Appeal (“SGCA”) held that the law governing the arbitration agreement governs arbitrability at the pre-award stage, and...more

Morgan Lewis

UK Law Commission Publishes Consultation Paper for Review of Arbitration Act 1996

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The UK Law Commission is currently undertaking a review of the Arbitration Act 1996, the principal legislation governing arbitrations in England, Wales, and Northern Ireland, to ensure it is as “clear, modern, and efficient...more

A&O Shearman

Law Commission Releases Consultation Paper on Its Review of the Arbitration Act 1996

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In January 2022, the Law Commission of England & Wales launched a review of the Arbitration Act 1996 (the Act) as part of its 14th programme of law reform. We shared our initial thoughts on the Commission’s review earlier...more

Felicello Law PC

Avoiding a Punitive Damages Award in Private Arbitration

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New York law is a great boon when it comes to private arbitration. The law is well-developed (and in fact served as the basis for the Federal Arbitration Act); New York is home to a plethora of experienced professional...more

Morgan Lewis

Singapore Court of Appeal Affirms the Importance of Pleadings in Arbitration Proceedings

Morgan Lewis on

The latest case of PhoenixFin Pte Ltd. and others v. Convexity Ltd. is the culmination of a series of Court of Appeal of Singapore cases setting out the significance of pleadings in arbitration. The court held that pleadings...more

Fox Rothschild LLP

Applicability of Statute of Repose Is An Issue Of Procedural Arbitrability To Be Decided By Arbitrator

Fox Rothschild LLP on

In Rummel Klepper & Kahl, LLP v. Delaware River & Bay Authority, C.A. No. 2020-0458-PAF (Del. Ch. Jan. 3, 2022), the Court of Chancery considered Defendant’s motion to dismiss and to compel arbitration. The Plaintiff and...more

Ervin Cohen & Jessup LLP

Senate Bill 762: Another Tall Hurdle for Employers Seeking Arbitration

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Since the turn of the century, the judicial and legislative branches in California have added barrier after barrier to employers who have consciously sought arbitration; an oft-stated “preferred” method of resolution. The...more

Hogan Lovells

25 years of the Arbitration Act: Time for reform?

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2021 marks the 25th anniversary of the Arbitration Act 1996. Since it came into force, the Arbitration Act has been hailed for making London an attractive destination for international arbitration. However, as competing...more

Vinson & Elkins LLP

Challenges And Opportunities Of Virtual Hearings In International Arbitration

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Arbitral institutions have adopted new measures so that they can continue to manage arbitration proceedings during the COVID-19 pandemic. Several leading arbitral institutions have adopted electronic filings only and...more

Carlton Fields

Court Affirms FINRA Arbitration Award to Charles Schwab, Finding No Evident Partiality or Other Arbitrator Misconduct

Carlton Fields on

Thomas Sanduski petitioned to vacate a Financial Industry Regulatory Authority arbitration award of $418,518 to Charles Schwab, claiming that one of the arbitrators was partial to Charles Schwab and that the panel was guilty...more

Hogan Lovells

Revised LCIA Arbitration Rules 2020 to take effect 1 October 2020

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The LCIA Arbitration Rules 2020 (the 2020 Rules) will take effect on 1 October 2020, replacing the existing LCIA Arbitration Rules 2014 (the 2014 Rules). ...more

Bennett Jones LLP

Long-Awaited Amendments to LCIA Arbitration Rules to Result in Streamlined, Tech-Friendly Arbitrations

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On August 11, 2020, following input from external users, the London Court of International Arbitration (LCIA) issued a significant update to its 2020 LCIA Arbitration Rules. Among other things, the 2020 LCIA Rules include...more

Haynsworth Sinkler Boyd, P.A.

South Carolina Court Of Appeals Reverses Trial Court Ruling Permitting Class Action Arbitration Against Automobile Dealer

Automobile dealers and other businesses often employ arbitration agreements in contracts with their customers. One recurring question about these arbitration agreements is whether they permit class action arbitration or...more

White & Case LLP

LCIA Introduces New Arbitration Rules for New Era

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On 11 August 2020, the LCIA Court formally adopted its new arbitration rules (the "2020 Rules"). The 2020 Rules will come into force on 1 October 2020 and shall apply to any LCIA arbitration commenced from that date...more

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