The Power of Visuals in International Arbitration – IMS Insights Podcast Episode 63
Hodgson Russ's Tim Noonon on the Groundbreaking New York Residency Tax Case Gaied v. NYS Tax Appeals Tribunal
Welcome to the June edition of the UK Tax Round Up. This month features the latest Court of Appeal decision in a trilogy of recent cases regarding the loan relationship “unallowable purpose” test, an Upper Tribunal decision...more
In a recent decision, the Upper Tribunal dismissed an appeal by the UK Information Commissioner, finding that Experian’s data processing practices had in fact been lawful. The appeal focussed on whether Experian had...more
Section 1782 of Title 28 of the United States Code permits a federal district court, “upon the application of any interested person,” to order a person within its jurisdiction “to produce a document or other thing for use in...more
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
The Rogers Communications Inc. deal to buy Shaw Communications Inc. after Shaw sells its Freedom Mobile business to Videotron Ltd. will increase competition, Canada's Competition Tribunal found....more
The Canadian Commissioner of Competition’s appeal from a decision of the Competition Tribunal allowing the Rogers-Shaw-Videotron deal to go ahead is likely to fail. On New Year’s Eve, the Competition Tribunal dismissed the...more
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
Welcome to the August edition of the UK Tax Round Up. August turned out to be not such a quiet month on the UK tax front. We have seen several important and technical case law decisions, some of which we discuss below, and...more
What did the Court decide? The United States Supreme Court resolved a split among the federal appeals courts on the question of whether private international arbitration tribunals can be considered to be either “foreign”...more
The decision to certify as to when the works under construction contracts in the United Kingdom (“UK”) have reached ‘Practical Completion’ (“PC”) can often cause difficulties for the Contract Administrator (“CA”), as the...more
On 12 October 2021, the Competition Tribunal (“Tribunal”) handed down its judgment on the merits of the first private action in Hong Kong for a contravention of a competition rule (“contravention”). This case concerns an...more
On 12 October 2021, the Competition Tribunal (“Tribunal”) handed down its judgment on the merits of the first private action in Hong Kong seeking remedies against the contravening party for a contravention of a competition...more
In our recent post, we have discussed the split in the federal appeals courts over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), which...more
Just as the jurisprudential pendulum appeared to be swinging smoothly in one direction, the Second Circuit declined to get on board and instead pushed back to the future on July 8, 2020 in holding that federal courts may not...more
It is well-recognised that an advantage of London-seated arbitration is the limited grounds on which an arbitration award may be challenged or appealed in the English courts. ...more
There has been considerable debate about what qualifies as a “tribunal” under 28 U.S.C. § 1782(a), which enables courts to order discovery from a party or non-party for use in a proceeding before “a foreign or international...more
To protect enforceability, an arbitral award must conform to the fundamental principles of public policy in the seat of arbitration. The arbitral tribunal’s “clear and convincing evidence” standard of proving corruption...more
Two recent U.S. federal appellate court decisions addressing a U.S. statute often used to obtain discovery for use in international arbitration will have a significant impact on the conduct of cross-border dispute resolution....more
A rare example of the English High Court varying an arbitral award. In Dakshu Patel v. Kesha Patel [2019] EWHC 298 (Ch), the English High Court upheld an appeal under section 69 of the Arbitration Act 1996 (the Act)...more
In an increasingly regulated world, governments have established a litany of administrative tribunals to oversee and administer complex regulatory schemes. Often, applying their specialized expertise, such tribunals...more
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