News & Analysis as of

Tribunals

Supreme Court of Canada clarifies when regulatory bodies may be relied on to fulfill the Crown’s duty to consult Aboriginal...

by Dentons on

As the Supreme Court of Canada (SCC) explained in Haida and Carrier Sekani, it is open to legislatures to empower regulatory bodies to play a role in fulfilling the Crown’s duty to consult Aboriginal peoples. Carrier Sekani...more

Health Alert (Australia) 31 July 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 24 July 2017 - Medical Board of Australia v Soo [2017] SAHPT 10 - In this proceeding, the respondent, a physiotherapist, was alleged to have...more

The National Energy Board's Role in Crown Consultation

by Bennett Jones LLP on

On July 26, 2017, the Supreme Court released two seminal decisions that clarify the role of administrative tribunals, such as the National Energy Board ("NEB"), in fulfilling the Crown’s duty to consult with Indigenous...more

SCC Confirms the Role of Regulatory Tribunals in Aboriginal Consultation

On July 26, 2017, the Supreme Court of Canada (SCC) released two decisions on the role of the National Energy Board (NEB) and other regulatory tribunals in aboriginal consultation: Clyde River (Hamlet) v. Petroleum...more

MoFo New York Tax Insights - Volume 8, Issue 6

by Morrison & Foerster LLP on

Judge Dismisses $2.4 Billion False Claims Act Suit Brought Against Citigroup - A New York State Supreme Court Judge has dismissed a qui tam False Claims Act (“FCA”) suit brought by Eric Rasmusen, an economics professor at...more

ICSID Tribunal Upholds a State’s Right to Investigate Criminality in Arbitral Proceedings

by Latham & Watkins LLP on

An ICSID tribunal has unanimously rejected a claimant’s attempt to temporarily suspend a State-initiated criminal investigation involving two of its witnesses. In Italba Corporation v Uruguay[1] Italba Corporation (Italba)...more

New specialized IP Tribunals unveiled in economic powerhouses Wuhan, Nanjing, Suzhou and Chengdu

by Hogan Lovells on

Following the largely successful establishment of the specialized IP Courts in Beijing, Shanghai and Guangzhou, the Chinese Supreme People’s Court has recently also given the green light for the establishment of specialized...more

Summary procedures in international arbitration - pros and cons

by Dentons on

Traditionally, arbitration has been hailed by some as a faster, cheaper, and therefore preferable method of dispute resolution than, for example, court litigation. However, in matters where less is at stake, costs can often...more

MoFo New York Tax Insights - Volume 8, Issue 4

by Morrison & Foerster LLP on

ALJ Finds CEO Changed Domicile from New York City to Texas - A New York State Administrative Law Judge has held that the CEO of Match.com (“Match”) changed his domicile from New York to Texas for New York State and City...more

New Qatar Arbitration Law - March 2017

by Hogan Lovells on

On 16 February 2017, Qatar adopted a new arbitration law (Law No. 2 of 2017) promulgating the Law of Arbitration in Civil and Commercial Matters (the "Qatar Arbitration Law"). This supersedes the arbitration chapter contained...more

When Can Judicial Review of a Tribunal's Decision Include a Tribunal's Other Decisions?

by Bennett Jones LLP on

When can a court review a tribunal's decisions, other than the decision under review, in determining whether the decision should be subject to a remedy on judicial review? This question arises from the recent Supreme Court of...more

Health Alert (Australia) February 13, 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth. Federal Court 3 February 2017 - Australian Nursing and Midwifery Federation v Royal Children's...more

Investment Treaty Arbitration: How Multinationals Can Structure Their Investments to Obtain Treaty Protection

by King & Spalding on

In a previous article, we explained how a U.S.-based company that had established a subsidiary abroad could benefit from protections against unfair conduct of a foreign State that are found in most bilateral investment...more

DIFC Courts: Still a conduit jurisdiction?

by Dentons on

A recent decision by the Judicial Tribunal casts doubt on the DIFC Courts' ability to act as a conduit jurisdiction. A summary of that decision is set out in this article....more

The DIFC Courts - a conduit jurisdiction no more

by Hogan Lovells on

As we predicted in our Annual Seminar on Recent Developments in the UAE Dispute Resolution Landscape, back in November 2016, the use of the DIFC Courts as a "conduit jurisdiction" has been called into question....more

Arbitration Award In International Coal Shipping Dispute Upheld As Within Tribunal’s Authority

by Carlton Fields on

An arbitration tribunal awarded damages to Sino East after Kailuan International wrongfully terminated a coal shipping contract after the delivery was delayed. The two Hong Kong-based companies’ agreement for Sino East to...more

International Arbitration Newsletter - October 2016

by Latham & Watkins LLP on

London has long enjoyed a reputation as one of the most popular and trusted arbitral seats in the world. The use of arbitration in England is long-standing and a legislative framework recognizing and seeking to encourage the...more

MoFo New York Tax Insights - Volume 7, Issue 10

by Morrison & Foerster LLP on

Recent unpublished NYC Department of Finance Letter Rulings - We have obtained under the Freedom of Information Law several Finance Letter Rulings of interest, most involving the New York City real property transfer tax,...more

Qatar Market Update - September 2016

by Dentons on

An arbitrator's pet peeves - As budget cuts take effect, a slow-down in construction projects has been evident in Qatar. Another significant trend emerging is that it is becoming even more difficult to secure payment...more

Keeping to the straight and narrow: Justice is not served when tribunals stray beyond their remit - A case study of JVL Agro...

by Dentons on

In JVL Agro Industries Ltd v Agritrade International Pte Ltd [2016] SGHC 126, the High Court set aside an international arbitration award because the tribunal had breached natural justice by dismissing JVL’s claim on an issue...more

The Validity of Arbitration Clauses in Concession Agreements

by White & Case LLP on

This alert provides an overview of the recent position of Russian courts in relation to validity of the arbitration clause in the concession agreement. In particular, the Commercial Court of the North-West Circuit in its...more

MoFo New York Tax Insights - Volume 7, Issue 8

by Morrison & Foerster LLP on

ALJ holds that a Retailer Must File on a Combined Basis with a Related Intellectual Property Licensing Company - A New York State Administrative Law Judge has held that a retailer must file combined corporate franchise...more

Federal Court of Appeal: Government Failed to Adequately Consult with First Nations on Northern Gateway

by Bennett Jones LLP on

On June 23, 2016, the Federal Court of Appeal delivered the Northern Gateway Project another procedural setback in its decision on Gitxaala Nation v Canada (2016 FCA 187). In a 2-to-1 split decision, the court overturned the...more

Court Refuses to Grant Declaratory Relief in an Arbitration

by Latham & Watkins LLP on

A recent Commercial Court case emphasises the limitations on court intervention in arbitration, and demonstrates that parties must think carefully about when and how to raise jurisdictional issues. In HC Trading Malta...more

Changes to the resolution of domestic building disputes in Victoria

by DLA Piper on

The Building Legislation Amendment (Consumer Protection) Act 2016 (BLA Act) will come into operation on 1 July 2017 changing the way domestic building disputes are handled under the Domestic Building Contracts Act 1995 (DBC...more

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