News & Analysis as of

Arbitration Dispute Resolution Clauses

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
BCLP

HK Court Overrules Arbitrator’s Decision in Jurisdictional Challenge

BCLP on

In AAA, BBB, CCC v DDD (HCCT 39/2023) [2024] HKCFI 513 (date of decision: 16 February 2024), the Hong Kong Court of First Instance (“the Court”) provides much welcomed guidance on the situation where there is a group of...more

Stoel Rives LLP

What to Consider When Analyzing Dispute Resolution Provisions

Stoel Rives LLP on

Many owners, contractors, and design professionals take a “boilerplate” approach to dispute resolution provisions and don’t consider the risks specific to the project at issue. Parties also often wait until an actual dispute...more

JAMS

Arbitrating With Nonsignatories: Celebrity Edition

JAMS on

Kim Kardashian and Tiger Woods are international celebrities, and they have something else in common. Both have been involved in disputes regarding arbitrating with nonsignatories to an arbitration agreement. The idea of...more

Holland & Knight LLP

USMCA Deadline to File Legacy Investment Arbitrations Approaches

Holland & Knight LLP on

The United States-Mexico-Canada Agreement (USMCA) went into effect on July 1, 2020, replacing the North American Free Trade Agreement (NAFTA). Access to investment arbitration in the USMCA is subject to more restrictive...more

Robinson+Cole Manufacturing Law Blog

Manufacturing Contracts: Considerations for Dispute Resolution Clauses

Over the years, I have written a lot about manufacturing disputes and how to resolve them short of litigation. The first step often is looking at what the parties have agreed to in any applicable contracts about how to...more

BCLP

Split dispute resolution clauses: a recent example

BCLP on

In a recent judgment (Construction Company v Guarantor [2021] HKCFI 2558, judgment date: 17 August 2021), a Hong Kong court upheld a U.S. arbitral award made pursuant to a split dispute resolution clause. In dismissing the...more

BCLP

Interpretation of Arbitration Clauses: Does “may” arbitrate actually mean you “must” arbitrate? Are “no arbitration until...

BCLP on

Where an arbitration clause provides that parties “may” submit their disputes to arbitration, does this mean that arbitration is mandatory or merely permissive? What is the effect of a proviso in an arbitration clause which...more

Goodwin

Litigation Insights - July 2021

Goodwin on

FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

Hudson Cook, LLP

Dealership's Finance Manager Had Duty to Inform Buyer of Inconspicuous Arbitration Clause in Purchase Agreement Due to False...

Hudson Cook, LLP on

The buyer and a dealership signed a purchase agreement containing a dispute resolution clause ("DRC"). The DRC, in the middle of the purchase agreement, was the only provision in red ink, was in a smaller font and called for...more

White & Case LLP

Sanctions-related amendments to the Russian Commercial Procedure Code

White & Case LLP on

This overview summarises the recent amendments to the Russian Commercial Procedure Code (“Commercial Procedure Code”) relating to disputes involving sanctioned persons. The new law, which comes into effect on 19 June 2020,...more

Dechert LLP

The USMCA nears entry into force with significant consequences for cross-border North American investors

Dechert LLP on

On January 29, President Donald Trump signed the United States-Mexico-Canada Agreement (USMCA) into law, completing the ratification procedure within the United States. The USMCA is now expected to come into force in the...more

Hogan Lovells

Life sciences globalization fuels new developments in international arbitration

Hogan Lovells on

As they expand into new markets, companies are increasingly turning to international arbitration as a way to circumvent foreign court systems and speed up dispute resolution. The rapid pace of globalization is leading major...more

Latham & Watkins LLP

Court Rules That Procedural Law Is Synonymous With the Law of the Seat Arbitration

Latham & Watkins LLP on

A recent decision of the English Commercial Court (Shagang South -Asia (Hong Kong) Trading Co Ltd v Daewoo Logistics [2015] EWHC 194 (Comm)) addresses a potential ambiguity in poorly drafted dispute resolution clauses. In...more

Zelle  LLP

A Primer on Insurance Dispute Resolution in China

Zelle LLP on

We previously discussed in a June 10, 2015, guest article the basics of insurance underwriting and claim handling in China. In this article, we give an overview of the legal framework and relevant key issues in insurance...more

Latham & Watkins LLP

What Makes a Multi-tiered Dispute Resolution Clause Enforceable?

Latham & Watkins LLP on

A recent High Court decision serves as a reminder that multi-tiered dispute resolution clauses are not necessarily enforceable, and provides insight into key drafting points. Overview - Multi-tiered dispute...more

Bennett Jones LLP

Doing Business in Canada: Dispute Resolution

Bennett Jones LLP on

Dispute resolution in Canada follows procedures in line with other leading western legal systems, including those of the United Kingdom and the United States. The independence and impartiality of the Canadian judiciary is...more

16 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide