Life sciences globalization fuels new developments in international arbitration
Mainland China's Supreme People's Court (SPC) recently released a series of typical cases showcasing a favourable trend in enforcing Hong Kong arbitral awards....more
Perhaps you represent a U.S. company that is entering into a contract with an overseas entity, or vice versa. You are contemplating whether the contract should provide for arbitration or litigation in the event of a dispute....more
The plans to modernize German arbitration law have moved forward in the form of the government bill (Regierungsentwurf) submitted to the German Parliament (Bundestag) on October 9, 2024 (available here). The Bundestag is due...more
L’équipe Financement de Projet du bureau de Paris vous propose de retrouver l’actualité récente française et européenne concernant le droit des contrats publics et le droit de la commande publique, notamment dans le domaine...more
Mainland China has embarked on a process of aligning its arbitration practice more to international norms, notably through the introduction of ad hoc arbitration. This form of arbitration is widely recognised for its...more
When parties plan to resolve disputes by arbitration, there are several key considerations regarding procedure. In the third of a multi-part series, we look at two key features to consider when drafting (and applying) your...more
As federal courts increasingly scrutinize Article III standing, class action defendants sometimes find themselves winning substantive battles but ultimately losing the standing war. That recently happened in a class action...more
Is your unfavorable arbitration award confidential? Probably, but only if you don't contest it. There has been a recent trend by members of the plaintiffs' bar to use the Federal Arbitration Act's confirmation process to...more
On February 28, 2024, the Delaware Court of Chancery “reluctantly” confirmed an arbitrator’s award, leaving many in the private equity community surprised. This decision led to MP Seller Holdings LLC (Seller), seller of a $40...more
The Supreme Court of the Russian Federation on 26 July 2024 issued a ruling (the 26 July Ruling) which effectively restricts enforcement of international arbitration awards against Russian parties rendered by arbitrators from...more
In recent years, technology advancement has introduced new methods for contract formation. In particular, the rise of blockchain technology has led to the emergence of “smart contracts”, which are digital contracts which...more
Over two years ago, the United States Supreme Court divested the federal courts of jurisdiction over all but a few disputes concerning the confirmation or vacation of arbitration awards. Since then, the federal appellate...more
Arbitration is a popular mode of alternative dispute resolution in Hong Kong, used increasingly in cross-border commercial disputes and among international parties. In 2023, the Hong Kong International Arbitration Centre...more
In a highly anticipated ruling published last month, the U.S. Court of Appeals for the D.C. Circuit ruled in NextEra Energy v. Spain that U.S. district courts have jurisdiction to enforce arbitral awards issued in intra-EU...more
In SYL v GIF [2024] HKCFI 1324 (date of judgment: 20 May 2024), the Hong Kong Court of First Instance (“the Court”) set aside an Interim Award made by the arbitral tribunal (“Tribunal”) in an HKIAC-administered arbitration....more
Decisions rendered in an arbitration proceeding are usually final, meaning they are not appealable. Frequently, this is highlighted as one of arbitration’s advantages. Many—if not most—agreements to arbitrate expressly...more
The U.S. District Court for the Southern District of New York denied a petition to vacate a $65 million arbitration award based on the petitioner’s argument that the arbitrator’s decision was in “manifest disregard of the...more
The D.C. Circuit has approved a backdoor challenge to the validity of an international arbitration award, finding that a challenge to counsel's authority to enforce an award can never be forfeited....more
In CMBICDHAW Investments Limited v CDH Fund V Limited Partnership & others [2024] HKCA 516 (judgment date: 10 July 2024), the Hong Kong Court of Appeal (CA) addressed an appeal regarding the Court of First Instance’s (CFI)...more
Since its implementation in 1995, the Arbitration Law of China (the “Current Arbitration Law”) has not undergone significant revisions, despite the substantial development in international arbitration practices. However, in...more
The Russian Supreme Court has denied the enforcement of an arbitral award issued by a tribunal seated in London, on the grounds that the arbitrators’ nationalities were “unfriendly”. This is the latest example of Russian...more
Ascension Data & Analytics LLC terminated its contract with Pairprep Inc. for data extraction services after an alleged data breach involving Pairprep’s servers and Pairprep’s alleged “failure to extract reliable data.”...more
Dans l’affaire Clayton v. Canada (Attorney General), la Cour d’appel de l’Ontario (la « CAO ») a rejeté une tentative de faire annuler une sentence arbitrale pour des motifs liés à la compétence du tribunal arbitral et à...more
Contracts with “prevailing party” provisions offer the tantalizing, coveted prospect of the winner recovering attorneys’ fees from the loser in legal disputes over the contract’s enforcement....more
When parties plan to resolve disputes by arbitration, there are several key considerations regarding procedure. In the second of a multi-part series, we look at two key features to consider when drafting (and applying) your...more