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Update and Discussion on Legal and Practical Issues
Enacted in 1925, the Federal Arbitration Act (FAA) reflects the nation’s policy favoring arbitration agreements. Employers routinely rely on the FAA to compel aggrieved employees to press their disputes before an arbitrator,...more
The U.S. Supreme Court decided Bissonnette, et al. v. LePage Bakeries Park St., LLC, et al. on April 12, 2024. In a unanimous decision written by Chief Justice John Roberts, the Court held that a transportation worker need...more
Hong Kong and Singapore, the Asia Pacific’s leading seats of international arbitration, have both implemented reforms enabling parties to enter into outcome related fee structures (ORFSs) with their lawyers for arbitrations...more
A recent trend in discussions in the international arbitration industry involves the arbitrator’s role in suggesting settlement to the parties or even mediating the dispute. In some civil law countries, the practice of having...more
Hong Kong and Singapore, the Asia Pacific’s leading seats of international arbitration, are both implementing reforms to enable parties to enter into outcome related fee structures (“ORFSs”) with their lawyers for...more
Mealey’s International Arbitration Report recently asked industry experts and leaders for their thoughts on what impact the novel coronavirus will have on international arbitration. We would like to thank the following...more
As Japan enters the new Reiwa imperial era, it is time to refresh the aged stereotypes of Japanese companies (hereafter referred to as "Japan Inc") and their approach to international arbitration and cross-border...more
While traditionally resolved through litigation, parties are now increasingly referring their disputes concerning an intellectual property right (IPR) to arbitration, especially in cases where there is a cross border element....more
The Situation: In a recent application to set aside a Singapore arbitral award, the Singapore High Court considered whether a tribunal could order one of the parties to disclose certain documents only to the other party's...more
International arbitration in Asia has seen a dramatic surge in popularity in recent times. It has grown up alongside an increase in cross-border investment within and from outside Asia. There are three key reasons for this...more
Planning for future disputes is essential to managing the risk of any transaction — but it is ever more so for private equity managers, who are increasingly investing in foreign assets and in industries exposed to sovereign...more