In a recent case before the Singapore Court of Appeal, the court affirmed the High Court of Singapore’s finding of a breach of the fair hearing rule, but disagreed that remission was an appropriate remedy and set aside the...more
Last month, the English Commercial Court (the Court) considered a challenge to an arbitral award under Section 69 of the Arbitration Act 1996 (the Act). The decision provided important clarifications on the Court’s approach...more
The use of arbitration to resolve trust disputes is gaining momentum in offshore jurisdictions and the Cayman Islands is poised to emerge as a progressive forum for trust arbitration. Following the enactment of the...more
The enforcement of foreign arbitral awards in the United States has become an increasingly complex area of law, particularly as recent appellate decisions have introduced new challenges and considerations for creditors...more
Arbitration has long been viewed as a faster, more efficient alternative to litigation. But anyone involved in construction disputes today knows that is not always the case. ...more
The U.S. Court of Appeals for the District of Columbia Circuit rejected India’s motion to dismiss, based on sovereign immunity, a $174 million arbitration award in a dispute with German telecommunications provider Deutsche...more
The Republic of Equatorial Guinea achieved a rare outcome in successfully convincing the U.S. Court of Appeals for the D.C. Circuit to vacate the lower court’s enforcement of an arbitration award. Equatorial Guinea was...more
According to the Advocate General, the principle of effective judicial protection means that awards stemming from mandatory arbitration proceedings, such as the awards made by the Court of Arbitration for Sport (CAS), must be...more
The High Court’s recent judgement in Tecnicas Reunidas Saudia for Services & Contracting Co. Ltd v Petroleum Chemicals and Mining Company Limited [2025] EWHC 1785 (Comm) provides a rare example of a successful challenge to an...more
In Tecnicas Renuidas Saudia for Services & Contracting Co. Ltd v Petroleum Chemicals and Mining Company Limited [2025] EWHC 1785 (Comm) (Tecnicas and PCMC, respectively), a dispute arose from a subcontract between Tecnicas...more
The United States Court of Appeals for the Second Circuit recently weighed in on the proper role of American federal courts in adjudicating the validity of arbitration awards made in foreign countries. In Molecular Dynamics,...more
In Docs of CT LLC v. Biotek Services LLC, the Supreme Court of Georgia considered an appeal brought by Docs of CT LLC, seeking to vacate an arbitration award on the grounds that “the arbitrator exhibited partiality and...more
The Fifth Circuit and the Federal District Court of Connecticut have issued conflicting decisions on whether service providers may sue to enforce arbitration awards under the No Surprises Rules in the Consolidated...more
For commercial parties globally, England has long been heralded as a leader for dispute resolution, particularly in arbitration. To maintain its competitive position, in 2022, the Law Commission of England and Wales conducted...more
A recent case in the Singapore Court of Appeal raised a significant legal question regarding whether a nonparticipating party to an arbitration can challenge an arbitral award on the grounds that the arbitrator had failed to...more
In a case of first impression, the Eleventh Circuit Court of Appeals, on June 21, 2023, in NuVasive Inc. v. Absolute Medical LLC, held that the three-month time limit for challenging arbitration awards under the Federal...more
On Friday 18 March 2022, the High Court of Australia (High Court) granted special leave to appeal the decision of the full Federal Court of Australia (Full Federal Court) in Kingdom of Spain v Infrastructure Services...more
Under a collective bargaining agreement that ran from 2014 to 2017 between the Newspaper Guild of Pittsburgh and PG Publishing, the publisher of the Pittsburgh Post-Gazette, PG was required to cover a portion of increases to...more
In a recent English judgment, Vale SA and others v Steinmetz and others [2021] EWCA Civ 1987, which concerned the effect that an arbitral award had upon a proprietary claim against a non-party to the arbitration, the Court of...more
Many modern commercial contracts contain dispute resolution clauses which submit disputes to arbitration. It is common for parties to agree to a set of pre-conditions or escalation mechanisms which have to be complied with...more
On 19 April 2021, the Judicial Committee of the Privy Council (“Privy Council”) rendered its decision in RAV Bahamas and another v Therapy Beach Club Incorporated (Bahamas) on the requirement under Section 90 of the Bahamas...more
Shenzhen Honeycomb System Co Ltd v HCT Technologies (Hong Kong) Co Limited (HCCT 20/2019, [2020] HKCFI 3175, 31 December 2020) confirms the Hong Kong court’s pro-arbitration and pro-enforcement approach. The case involved...more
In its restraint, SCOTUS has shown us the mischief that arbitrators may do if parties are lax in setting boundaries in their agreement to arbitrate. By declining to grant certiorari regarding the Second Circuit’s most recent...more
The Bullet Point: An Ohio Commercial Law Bulletin Is My Cure Offer under the Consumer Sales Practices Act Timely? September 14, 2020 Timing of Cure Offer Norman v. Kellie Auto Sales, Inc., 10th Dist. Franklin No....more
Standard Security Life Insurance Company of New York and Madison National Life Insurance Co. entered into an administrative services agreement with FCE Benefit Administrators Inc. under which FCE administered insurance...more