Webinar | Negotiating with Goliath: How Startup GCs Can Navigate Power Differentials in Contracting
The Impact of War on Commercial Contracts and the Global Supply Chain
Law School Toolbox Podcast Episode 267: Listen and Learn -- UCC 2-207 ("The Battle of the Forms")
Williams Mullen's COVID-19 Comeback Plan: Streamlining Your Commercial Contract Negotiations
Bar Exam Toolbox Podcast Episode 98: Listen and Learn -- The "Battle of the Forms" under UCC 2-207
Bar Exam Toolbox Podcast Episode 71: Tackling an MEE Contracts Essay Question
The Benefits of Commercial Item Contracting
The decision confirms that an arbitration agreement will be upheld in the face of insolvency proceedings only if it can be shown that the petition debt is genuinely disputed on substantial grounds....more
As the Olympic torch rapidly approaches Paris, multiple stakeholders prepare for two weeks of intense competition. Individual athletes and nations seek glory on the playing field; financially interested third...more
Following efforts by the Australian and Chinese governments to improve bilateral relations and restore trade in sectors significantly affected by COVID-19-era geopolitical tensions, we have seen a renewed interest in...more
It's commonplace for commercial contracts to contain arbitration clauses. But should they? The answer to this question depends on several factors, such as anticipated cost, the importance of confidentiality, the importance of...more
In AAA, BBB, CCC v DDD (HCCT 39/2023) [2024] HKCFI 513 (date of decision: 16 February 2024), the Hong Kong Court of First Instance (“the Court”) provides much welcomed guidance on the situation where there is a group of...more
La Sección Tercera del Consejo de Estado de Colombia resolvió recientemente el recurso extraordinario de anulación en contra del laudo del 11 de julio de 2022, proferido por el tribunal arbitral constituido para resolver las...more
Two days before the United States Supreme Court ruled in Bissonnette v. LePage Bakeries Park St., LLC, that the Federal Arbitration Act’s (FAA) transportation worker exemption (meaning the FAA would not apply) extends beyond...more
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
In December 2023, a five-judge bench of the Indian Supreme Court issued its much-awaited decision on the “group of companies” doctrine in Cox and Kings v. SAP India Pvt. Ltd. & Anr. (“Cox and Kings”), confirming that the...more
In the crypto world, does it really matter where you are? Is there a sunny offshore paradise perspective on the click of a button and a fintech trade? The answer lies as usual in how to unravel a problem should it arise. Both...more
Arbitration continues to be a growing preference for dispute resolution. Mandatory arbitration provisions are found in a variety of commercial contracts, especially in consumer agreements. In fact, it has been reported in a...more
In a per curiam opinion issued February 8, 2023 in Cnty. of Passaic v. Horizon Healthcare Servs., Inc., No. A-0952-21, 2023 N.J. Super. LEXIS 10, at *3 (App. Div. Feb. 8, 2023), the New Jersey Appellate Division held that an...more
What You Need to Know: •The New Jersey Appellate Division has issued a decision that fundamentally reshapes the interpretation of arbitration clauses in commercial contracts. •The ruling carves out an exception to the New...more
On November 10, 2022, the Supreme Court of Canada (the "SCC") released its long-awaited decision in Peace River Hydro Partners v Petrowest Corp., 2022 SCC 41 (“Peace River”), which addresses the interaction between insolvency...more
In a civil case, is it wiser for a business to try to persuade the counterparty to agree from the outset to arbitration—or potentially to place it's very solvency in the unpredictable hands of a judge and jury? Originally...more
The United States-Mexico-Canada Agreement (USMCA) went into effect on July 1, 2020, replacing the North American Free Trade Agreement (NAFTA). Access to investment arbitration in the USMCA is subject to more restrictive...more
The Commercial Court of England and Wales has outlined limitations of the doctrine of “separability,” i.e., the notion that an arbitration agreement within a commercial contract is distinct from the main contract itself, in a...more
Many modern commercial contracts contain dispute resolution clauses which submit disputes to arbitration. It is common for parties to agree to a set of pre-conditions or escalation mechanisms which have to be complied with...more
Something interesting has happened to me in the past year or so: I started seeing many more cases where two or more parties were Asian, a term I will use to mean both “Asian-American” and “from Asia.” Some have been...more
Consent is a foundational requirement of any arbitration. This consent is embodied in the arbitration agreement. Typically, therefore, it is only the signatories to an arbitration agreement that are bound by the agreement to...more
A dispute resolution clause specifies the process, usually by way of litigation or arbitration, through which parties wish to resolve a dispute between them. A dispute resolution clause must be drafted with essential clarity...more
Importance of contract, claim and dispute management - Rapid urbanisation and growing demand mean that the construction industry is one of the largest industry sectors in the world, consistently poised to outpace the world...more
The discontinuation of LIBOR in 2022 may pose a risk to arbitration proceedings. Preparation is key to a smooth transition. Key Points: ..LIBOR, which is widely used in financial transactions and is embedded in many...more
Virtually every aspect of our lives has been disrupted in one way or another as a result of the COVID-19 pandemic and the ensuing economic collapse. While certain of these disruptions have been difficult to predict, at least...more
The COVID-19 pandemic is continuing to cause major global disruption to the activities of development stage and other life sciences companies due to, among other factors, limited or no access to clinical trial sites, reduced...more