Tribunals

News & Analysis as of

Be Global - July 2015

The UK Government has now published its plans for when radical new transparency in supply chain reporting comes into effect, brought in by the Modern Slavery Act. As from October 2015, assuming timings are kept in the...more

“Zero tolerance” policy on drugs in workplace upheld by human rights tribunal where employee did not have “marijuana card”

An employee who smoked marijuana on the job without legal and medical authorization was not discriminated against when dismissed under his employer’s “zero tolerance” policy, the British Columbia Human Rights Tribunal has...more

Australian Court Follows International Best Practice in Enforcing Commercial Arbitration Award

Australian courts have now overwhelmingly adopted a pro-enforcement approach to commercial arbitral awards, both international and domestic. Two recent decisions of the Supreme Court of New South Wales in Colin Joss & Co...more

ICSID Tribunal Orders Claimants to Disclose Details of Third-Party Funder

In what appears to be the first decision of its kind, an ICSID tribunal in the case of Muhammet Çap & Sehil Insaat Endustri ve Ticaret Ltd. Sti. v. Turkmenistan has ordered the claimants in the proceedings to disclose the...more

What You Need to Know About TTIP

TTIP (the Transatlantic Trade and Investment Partnership) is a comprehensive trade and investment agreement currently being negotiated between the EU and the US. The main aims of the proposed agreement are to increase trade...more

Arbitration Agreements And Foreign Laws That Do Not Give Effect To Mandatory Principles Of EU Law

The decision in Accentuate Ltd v ASIGRA Inc (Accentuate) relates to the alleged wrongful termination by the defendant (licensor) of an agreement with the claimant (distributor) for the distribution of software products (the...more

Arbitration Agreements And Foreign Laws That Do Not Give Effect To Mandatory Principles Of EU Law

The decision in Accentuate Ltd v ASIGRA Inc (Accentuate) relates to the alleged wrongful termination by the defendant (licensor) of an agreement with the claimant (distributor) for the distribution of software products (the...more

Arbitration Agreements And Foreign Laws That Do Not Give Effect To Mandatory Principles Of EU Law

The decision in Accentuate Ltd v ASIGRA Inc (Accentuate) relates to the alleged wrongful termination by the defendant (licensor) of an agreement with the claimant (distributor) for the distribution of software products (the...more

Arbitration Agreements And Foreign Laws That Do Not Give Effect To Mandatory Principles Of EU Law

The decision in Accentuate Ltd v ASIGRA Inc (Accentuate) relates to the alleged wrongful termination by the defendant (licensor) of an agreement with the claimant (distributor) for the distribution of software products (the...more

Is It All Now Transparent? UK Supreme Court Case on Delaware LLCs Leaves Open Questions on Entity Classification for UK Tax...

The UK Supreme Court delivered an unexpected final judgment on 1 July 2015 in the long-running case of Anson v Commissioners for Her Majesty’s Revenue & Customs [2015] UKSC 44. Reversing the decisions of the Upper Tribunal...more

Resolving Inconsistent Jurisdiction Clauses And Limits To Fiona Trust Presumption

In Trust Risk Group SpA v AmTrust Europe Ltd [2015] EWCA Civ 437, 30 April 2015, the Court of Appeal held that when resolving competing jurisdiction clauses in two different agreements where one is entered into at a later...more

Arbitrability of Intra-Company Disputes – an Offshore Perspective

Arbitrability is a question of considerable importance – it is the question of whether a particular issue in dispute is capable of being resolved by arbitration as opposed to litigation – and is therefore a question of...more

ICSID tribunals address allegations of investor misconduct

Assertions of investor misconduct, ranging from allegations of abusive restructuring to outright corruption in procuring an investment, are evolving into an important part of the catalog of state defenses in investment...more

Inconsistent Administrative Tribunal Decisions: The Alberta Court of Appeal Weighs In

Conflicting interpretations of the same statute by an administrative tribunal are unlikely to be reasonable, let alone correct, the Alberta Court of Appeal recently held in Altus Group Limited v Calgary (City), 2015 ABCA 86...more

UK: Copyright – Copyright Tribunal’s functions to be transferred to Scottish Tribunal

On 22nd the Government published the Command Paper “Scotland in the UK”,  implementing the Smith Commission’s recommendation (subject to consultation) that the Copyright Tribunal’s functions should be transferred to a...more

Federal Court Issues Subpoenas For Use In Foreign Arbitration

A federal judge in New Jersey recently granted an ex parte application for issuance of subpoenas for use in a London arbitration. The court’s basis for the ruling was 28 U.S.C.A. § 1782, the federal statute titled “Assistance...more

The Top 10 "Tips and Traps" for Tribunal Member Conduct

...I created The Top 10 “Tips and Traps” for Tribunal Member Conduct. While some of the tips may seem like common sense, on many occasions problems arise due to the failure by both new and experienced Hearing Tribunal members...more

New York Federal Court Holds That Arbitrator’s Undisclosed Serious Health Condition Is Not Ground for Vacatur

There are several differences between court litigation and international arbitration, but two in particular stand out. First, whereas the losing party at trial can bring an appeal, the losing party in an arbitration can only...more

Doing Business in Canada

This Guide provides non-Canadians with an introduction to the laws and regulations that affect the conduct of business in Canada and, in particular, in the province of Ontario. In some cases, this Guide also identifies issues...more

England and Wales: Tribunal Fees...One Year On

What are they? Since 29 July 2013, a prospective claimant must pay a fee before they can issue a claim in the employment tribunal. The claimant must also pay a further (and much higher) fee at a second stage, usually...more

Hodgson Russ's Tim Noonon on the Groundbreaking New York Residency Tax Case Gaied v. NYS Tax Appeals Tribunal [Video]

New York’s highest court recently issued a groundbreaking decision on the state’s residency rules — one of the first times that court has addressed this important New York tax issue. The case, Gaied v. New York State Tax...more

The International Comparative Legal Guide to International Arbitration 2014: A practical cross-border insight into international...

Bermuda - 1 Arbitration Agreements: 1.1 What, if any, are the legal requirements of an arbitration agreement under the laws of Bermuda? Other than requiring that it must be in writing, Bermuda’s...more

Is VCAT a 'court' Under the Uniform Commercial Arbitration Act?

Under s 8 of the Uniform Commercial Arbitration Act (CAA)1 a 'court' is required to stay proceedings before it if the parties have already agreed to have their dispute referred to arbitration. Recently, the Victorian Court of...more

Annulment of Damages Awards when a Patent Subsequently Found Invalid or Partially Invalid by a Different Tribunal.

Recent cases on each side of the Atlantic have highlighted the issues that can occur when consideration of validity is separated from that of infringement and a final determination of infringement is reached by one tribunal...more

A Digest of the China (Shanghai) Pilot Free Trade Zone Arbitration Rules: A More Liberal Development of Arbitration Practice in...

After splitting from the China International Economic and Trade Arbitration Commission (the CIETAC) through the notable “CIETAC split” event in 2012, the Shanghai International Economic and Trade Arbitration Commission (the...more

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