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Consumer Rights Can Render an Otherwise Valid Arbitration Award Unenforceable

A warning to all consumer-facing businesses: the UK’s Court of Appeal has upheld the enforcement of a US$64 million Hong Kong-seated arbitration award against a Mrs Zhang, rejecting her argument that she was protected by the...more

New Arbitration Law in Luxembourg

On 23 March 2023, the Luxembourg Parliament voted to modernize and update the arbitration law, applicable to arbitrations seated in Luxembourg. The long-awaited new law entered into force on 25 April 2023 (the New Arbitration...more

4/27/2023  /  Arbitration , Asset Management , EU , Luxembourg

The Law Commission Review of the Arbitration Act 1996

Introduction - The Law Commission of England and Wales has published a Consultation Paper (the Paper) setting out its provisional proposals to update the Arbitration Act 1996 (the Act), applicable to arbitrations seated in...more

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

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

HUB Talks: Practical Implications of Recent English Decisions on the Governing Law of an Agreement to Arbitrate

Peter Morton and Tim Fox of K&L Gates discuss the practical implications of recent English case law on the question of which law will govern agreements to arbitrate, including for those drafting an arbitration clause in a...more

Arbitration World - November 2021

FROM THE EDITORS - In this edition of Arbitration World, we include our usual update on developments in international arbitration, including reports on recent cases and changes in arbitration laws from regions around the...more

Litigation Minute: Drafting International Arbitration Provisions for Cross-Border Manufacturing Contracts

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Potential future disputes are a reality in all cross-border manufacturing agreements––whether for the sale or purchase of goods or services, or corporate transactions––even for the...more

English Court Dismisses Jurisdiction Challenge to ICC Arbitration Award for Alleged Failure to Comply With an "Escalation" Clause,...

Introduction - In Republic of Sierra Leone v SL Mining Ltd [2021] EWHC 286 (Comm) the English Commercial Court dismissed a challenge to an ICC arbitration award made under section 67 of the Arbitration Act 1996 (the “Act”). ...more

Conflicting Dispute Resolution Provisions: English Court Stays its own Proceedings in Favour of International Arbitration in...

SUMMARY - In Helice Leasing S.A.S. v PT Garuda Indonesia (Persero) TBK [2021] EWHC 99 (Comm), the English Commercial Court has interpreted conflicting dispute resolution provisions and ordered a stay of court proceedings in...more

Commercial Court Rejects Frustration Argument in Aviation Leasing Dispute

SUMMARY - The English Commercial Court has emphasized the difficulties airline operators and aviation lessees could face in seeking to rely on the common law doctrine of “frustration” in order to avoid their payment...more

2/10/2021  /  Aircraft , Airlines , Aviation Industry , Lessee , UK

Governing Law of Arbitration Agreements: Welcome Clarity?

The English Court of Appeal has provided some helpful guidance as to the relevant test for determining the law applicable to arbitration agreements (as distinct from (i) the governing law of the relevant contract, and (ii)...more

Compelled to Testify: Court of Appeal Confirms Power to Order Non Party Witness to Give Evidence in a New York-Seated Arbitration

The English Court of Appeal recently held in A and B v C, D and E that Section 44 (2)(a) of the Arbitration Act 1996 (the "Act") can be used to compel a UK-based witness to give evidence in a foreign-seated arbitration,...more

5/19/2020  /  International Arbitration , UK

Arbitration World - April 2020

FROM THE EDITORS - Welcome to the 37th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic...more

Cleared to Land: Aviation Newsletter

Happy new year and welcome to our latest edition of K&L Gates’ Cleared to Land published jointly by our Aviation and Banking & Asset Finance practice groups to keep you updated on significant developments and issues relating...more

Arbitration World

FROM THE EDITORS: Welcome to the 36th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration...more

Arbitration World

Welcome to this 35th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and...more

Arbitration World - July 2014

Welcome to the 27th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and...more

Resolving Islamic Finance Disputes

The number of Sharia-compliant products and transactions has grown enormously over the past decade. Many of the contracts that underpin Islamic finance transactions are governed by English law or the law of another country,...more

Arbitration World

From the Editors - Welcome to the 23rd edition of Arbitration World, a publication from K&L Gates' International Arbitration Group that highlights significant developments and issues in international and domestic...more

7/31/2013  /  Arbitration
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