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Arbitration Tribunals

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 -
Latham & Watkins LLP

Chambers Global Practice Guides: International Arbitration 2024 - Hong Kong

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Arbitration is a popular mode of alternative dispute resolution in Hong Kong, used increasingly in cross-border commercial disputes and among international parties. In 2023, the Hong Kong International Arbitration Centre...more

BCLP

HK Court Overrules Arbitrator’s Decision regarding Compatibility of Arbitration Agreements: Interpretation of “mutatis mutandis” -...

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In SYL v GIF [2024] HKCFI 1324 (date of judgment: 20 May 2024), the Hong Kong Court of First Instance (“the Court”) set aside an Interim Award made by the arbitral tribunal (“Tribunal”) in an HKIAC-administered arbitration....more

BCLP

HK Court Dismissed Application to Set Aside Arbitration Award: Has Arbitration and Litigation Become “a Game of Buying Time and...

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In CNG v G & G (HCCT 29/2023) [2024] HKCFI 575 (date of reasons for decision: 27 February 2024), the Hong Kong Court of First Instance (“the Court”) dismissed an application to set aside an arbitration award, reiterating...more

Latham & Watkins LLP

HKIAC’s 2024 Administered Arbitration Rules Come Into Force

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The 2024 Rules significantly improve Hong Kong’s arbitration framework, aiming to increase the efficiency of proceedings and clarify the tribunal’s powers. The Hong Kong International Arbitration Centre’s (HKIAC’s) newly...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

BCLP

The Hong Kong Court Dismisses Challenge to Remove Arbitrators on Ground of Apparent Bias

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In P v D [2024] HKCFI 1123 (judgment date: 30 April 2024), the Hong Kong Court of First Instance dismissed an application, pursuant to section 26 of the Arbitration Ordinance, by the challenging party (“P”) to remove two...more

Mayer Brown

Singapore Court of Appeal Considers Effect of New Arbitration Agreement on Pending Arbitration

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Last week, in CNA v. CNB and another [2024] SGCA(I) 2, the Singapore Court of Appeal published its grounds for dismissing an appeal against a decision of the Singapore International Commercial Court (SICC) which declined to...more

Morrison & Foerster LLP

HKIAC’s Updated Administered Arbitration Rules Come into Effect on 1 June 2024

The Hong Kong International Arbitration Centre (HKIAC) has released updated administered arbitration rules that come into effect 1 June 2024. The updated 2024 Administered Arbitration Rules (the “2024 Rules”) are a much...more

Morrison & Foerster LLP

SIAC’s 2023 Statistics Demonstrate Continued Expansion of its Global Reach and Steadfast Confidence in its Capabilities

On April 29, 2024, the Singapore International Arbitration Centre (SIAC) released its 2023 Annual Report. In this client alert, we outline SIAC’s key statistics for 2023, highlighting SIAC’s growth and the confidence that...more

Cooley LLP

Court Proceedings Stayed in Favour of Arbitration to Which Respondents Were Not Party

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In NTT Limited & Others v. Goodall, the Commercial Court of England and Wales stayed litigation proceedings in favour of arbitration proceedings that would involve only three of the seven claimants. The case is a good example...more

Jones Day

U.S. District Court Upholds Two Arbitral Awards Against Lima

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The recent District of Columbia District Court's decision against Lima demonstrates deference to arbitral tribunals....more

WilmerHale

Draft Bill for the Modernization of German Arbitration Law

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Germany is in the process of renewing its arbitration law, which in its current version dates from 1997. In April 2023, the German Federal Ministry of Justice (the “Ministry”) published a Key Issues Paper, identifying...more

A&O Shearman

What are the benefits of the planned modernisation of German Arbitration law for practitioners and users?

A&O Shearman on

German arbitration law is to be reformed to current needs and thus intended to be made more attractive overall. To this end, the German Federal Ministry of Justice on 1 February 2024 published a draft bill for an act to...more

Faegre Drinker Biddle & Reath LLP

The Czech Republic v Diag Human SE and Josef Stava: Permission to Appeal Refused

In a recent decision, the Court of Appeal refused an application for permission to appeal a decision of the High Court concerning section 70(7) of the Arbitration Act 1996 (Act). This section states that the court has...more

WilmerHale

Chambers Global Practice Guides - International Arbitration 2023 - England & Wales

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In 2023, the international arbitration landscape is dominated by macroeconomic factors. The inflationary pressures combined with price volatility and the use of sanctions by governments following Russia’s invasion of Ukraine...more

Vinson & Elkins LLP

Arbitration Act Reforms and the Governing Law of Arbitration Agreements – A Welcome Clarification?

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On 6 September 2023, the Law Commission of England and Wales published its final report recommending some limited reforms to the Arbitration Act 1996 (“the Arbitration Act”).1 This final report follows a lengthy review...more

Jones Day

Enforcement of Procedural Timelines in Arbitrations in Singapore

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A recent Singapore International Commercial Court ("SICC") decision considered the extent to which an arbitral tribunal can exclude evidence after a specified date. It is often said that arbitral tribunals are the masters...more

IMS Legal Strategies

The Power of Visuals in International Arbitration – IMS Insights Podcast Episode 63

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Partner at Quinn Emanuel Mark McNeill and former legal and commercial director at Cairn Energy Duncan Holland join IMS | Z-Axis Global Consultant and Advisor Cindy Buxton to discuss the power of visuals in international...more

Foley & Lardner LLP

Early Dispositive Applications May Reduce Arbitration Time and Costs

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Several arbitral forums have begun adopting rules explicitly allowing for early dispositive applications that allow parties to petition the tribunal for the resolution of claims and issues during the early stages of a...more

White & Case LLP

Singapore upholds the confidential nature of a Tribunal’s deliberations

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It is well accepted that an arbitral tribunal's deliberations are confidential. But is this principle absolute? More specifically, will a tribunal be ordered to disclose its deliberations if an arbitrator claims that his or...more

Faegre Drinker Biddle & Reath LLP

Law Commission of England & Wales Publishes Second Consultation Paper on the Arbitration Act 1996

In autumn last year, the Law Commission of England and Wales published its review of the U.K. Arbitration Act 1996 (the First Paper). We outlined some of the Law Commission’s proposals in the First Paper in our update from...more

Conyers

The English Arbitration Act Consultation Paper: A BVI Lens

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On 22 September 2022, the Law Commission published a consultation paper (the “Consultation Paper”) on the English Arbitration Act 1996 (the “English Arbitration Act”) which included a number of significant provisional...more

Vinson & Elkins LLP

The Law Commission's Proposed Revisions to the Arbitration Act 1996

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On 22 September 2022, the Law Commission of England and Wales (the “Commission”) published its Consultation Paper (the “Consultation Paper”) detailing a suite of proposed revisions to the Arbitration Act 1996 (the “Act”)....more

King & Spalding

Arbitrating Premature Claims: An Issue of Admissibility

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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

King & Spalding

US Supreme Court Rules Section 1782 Discovery is Unavailable for Use in Private Foreign Commercial Arbitrations and Certain...

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On June 13, 2022, in a unanimous consolidated decision authored by Justice Amy Coney Barrett, the U.S. Supreme Court ruled that the scope of 28 U.S.C. § 1782(a) (Section 1782), which authorizes federal courts to order...more

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