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Commercial Contracts Arbitration Contract Disputes

Holland & Knight LLP

Consejo de Estado unifica jurisprudencia sobre arbitrabilidad de actos administrativos

Holland & Knight LLP on

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

Bradley Arant Boult Cummings LLP

The Great Debate: Do You Arbitrate Commercial Disputes?

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

K&L Gates LLP

The Commercial Court of England and Wales Outlines Limitations under English law on the Doctrine of Separability in Respect to...

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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

BCLP

Important judgment on pre-conditions in arbitration clauses

BCLP on

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

JAMS

An AAPI Neutral’s Perspective on Culture and Contract Interpretation

JAMS on

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

BCLP

Singapore High Court’s ruling on overlapping arbitration and jurisdiction clauses

BCLP on

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

Bowditch & Dewey

As COVID-19 Surges, So Too Should the Use of Well-Crafted Contractual Arbitration Clauses

Bowditch & Dewey on

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

Latham & Watkins LLP

Complex Commercial Litigation Law Review – England & Wales

Latham & Watkins LLP on

Courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that govern litigation are robust and provide a clear framework for the cost-effective...more

K&L Gates LLP

Franchising Update

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While dispute resolution clauses may be straightforward for domestic franchise agreements as a result of the Franchising Code, dispute resolution clauses can be one of the most neglected provisions in international master...more

Pillsbury Winthrop Shaw Pittman LLP

About that English Law and Arbitration Clause: Consider enforcement implications before signing

As is frequently seen in international commercial contracts, parties with no operations or other relationship to England or the United Kingdom specify English law as controlling, with a clause providing for arbitration of...more

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