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Arbitrators Arbitration Agreements Arbitration Awards

Carlton Fields

Vacation of Arbitration Award for Manifest Disregard of the Law Is “Exceedingly Rare,” Requires “Egregious Impropriety”

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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

A&O Shearman

Russian Supreme Court denies enforcement of award based on the allegedly unfriendly nationalities of arbitrators

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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

Bennett Jones LLP

Dancing the Two-Step to Appeal an Arbitration Award in Alberta

Bennett Jones LLP on

In its recent decision in Quanta Canada Holdings II ULC v Bremar Construction Ltd, 2024 ABKB 317, the Alberta Court of King's Bench (the Court) established a principled framework for considering an application for permission...more

Vinson & Elkins LLP

Guide to Arbitral Institutions and the Seat of Arbitration in London

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When parties plan to resolve disputes by arbitration, there are several key considerations regarding procedure. In the first of a multi-part series, we look at two key features to consider when drafting (and applying) your...more

Orrick, Herrington & Sutcliffe LLP

Arbitrations with Third-Parties: 5 Things to Know About New Rules from the German Arbitration Institution (DIS)

The German Arbitration Institute (DIS) has adopted new rules to involve third parties in arbitration proceedings. The Supplementary Rules for Third-Party Notices (DIS-TPNR) took effect in March. At present, common...more

Carlton Fields

South Carolina Supreme Court Vacates Award, Finds Arbitration Panel Manifestly Disregarded Statutory Law

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National Golf Management LLC sold 13 golf courses to a buyer represented by broker Andrew Waldo. NGM was represented in a previous transaction by Michael Cousins. Although Cousins had no written representation agreement with...more

Miles Mediation & Arbitration

[Event] 2024 Arbitration Training Institute - June 6th - 7th, Atlanta, GA

Presented by nationally recognized experts, the Institute features comprehensive sessions on every stage of the arbitral process examined from the vantage point of neutrals, advocates, and in-house counsel. Substantive...more

Jones Day

Indian Supreme Court Sets Aside Arbitral Award for "Grave Miscarriage of Justice"

Jones Day on

The Indian Supreme Court invokes curative jurisdiction to set aside US$960 million award to avoid a "grave miscarriage of justice," seven years after the award creditor received a favorable award in India and three years...more

Troutman Pepper

JAMS Issues New Mass Arbitration Procedures

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On May 2, JAMS announced its new Mass Arbitration Procedures and Guidelines and Mass Arbitration Procedures Fee Schedule (together, the Procedures), with the express goal to “facilitate the fair, expeditious and efficient...more

Hogan Lovells

Arbitration Highlights in the Year of the Dragon

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In the year of the dragon, attention turns to the enforcement of arbitral awards. We look at five different Hong Kong decisions where enforcement or set aside has been the central issue often involving arguments of public...more

A&O Shearman

Proposed Amendments to HKIAC Rules put the Emergency into Emergency Arbitration

A&O Shearman on

On 23 January 2024, the HKIAC announced a Public Consultation on Proposed Amendments to the 2018 HKIAC Administered Arbitration Rules. The HKIAC’s proposed amendments include enhancements to the mechanism by which a single...more

A&O Shearman

Devas v. Antrix: Ninth Circuit Requires Minimum Contacts for Personal Jurisdiction over Foreign States

A&O Shearman on

The Ninth Circuit’s February 6, 2024, decision denying rehearing en banc of Devas v. Antrix and upholding its earlier ruling to overturn the enforcement of a $1.3 billion arbitration award diverges significantly from the...more

A&O Shearman

What are the benefits of the planned modernisation of German Arbitration law for practitioners and users?

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German arbitration law is to be reformed to current needs and thus intended to be made more attractive overall. To this end, the German Federal Ministry of Justice on 1 February 2024 published a draft bill for an act to...more

Hogan Lovells

Reinforcing Madrid as an attractive seat for international arbitration: CIAM approves new Rules for 2024

Hogan Lovells on

MIAC approves new Rules for 2024, with the main objective of streamlining and expediting the arbitral procedure to adapt it to the needs of international arbitration. The reform includes measures such as the creation of a...more

Fox Rothschild LLP

Understanding the Differences in the Enforcement of Arbitration Awards and Expert Determinations

Fox Rothschild LLP on

Is there a difference in enforcement between an arbitration award and an expert determination pursuant to a contract? The answer is yes, according to a recent ruling by the 3rd Circuit U.S. Court of Appeals that includes...more

Cooley LLP

The Benefits and Perils of Expedited Arbitration Clauses

Cooley LLP on

Companies often complain that international arbitration can be as long of a process as litigation. Therefore, they inquire about faster ways of resolving disputes, such as resorting to expedited arbitration. Many arbitration...more

Troutman Pepper

Eleventh Circuit Joins Others on Applicability of Domestic FAA Grounds to Vacate Nondomestic Arbitration Awards

Troutman Pepper on

Earlier this year the Eleventh Circuit Court of Appeals joined the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth, and D.C. circuits in the much-anticipated en banc decision of Corporacion AIC, SA v. Hidroelectrica Santa...more

Cooley LLP

High Court Rules Arbitral Awards Don’t Deprive English Court of Jurisdiction in Crypto Consumer Claim

Cooley LLP on

In Chechetkin v. Payward Ltd and Others, the High Court of England and Wales ruled that the existence of an arbitration clause in an agreement between the parties should not prevent the court from hearing the UK consumer’s...more

Tucker Arensberg, P.C.

Commonwealth Court Reinstates Arbitrator’s Decision Reducing a Discharge to a 180 Day Suspension Without Pay

Grievant was employed for 17 years as an automotive technology instructor at the Clarion County Career Center, a vocational-technical school. His discharge arose out of a complaint by a student that the Grievant’s conduct...more

Cooley LLP

1996 Arbitration Act Review Continues: Law Commission Publishes Second Consultation Paper

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The Law Commission has published a second consultation paper as part of its ongoing review of the Arbitration Act 1996. An initial consultation paper containing proposals for reform was published in September 2022....more

Latham & Watkins LLP

Hong Kong Court Sets Aside Arbitral Awards Under Exceptional Circumstances

Latham & Watkins LLP on

Two recent decisions illustrate what constitutes exceptional circumstances justifying the rare intervention of Hong Kong courts in arbitration matters. Hong Kong is internationally renowned as a pro-arbitration...more

A&O Shearman

New Model Clause for Parties to Designate the SICC as Supervisory Court for Singapore-Seated Arbitrations

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The Singapore International Commercial Court (SICC) recently introduced a new model clause allowing parties to expressly designate the SICC as having jurisdiction over court proceedings relating to Singapore-seated...more

Carlton Fields

Wyoming Supreme Court Affirms Finding That Arbitrator’s Determinations Did Not Exceed Authority And Were Not Manifest Errors of...

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Defendant Fork Road, LLC, is the owner of a floor of an office building, which it purchased several years earlier. Plaintiff Mountain Business Center, LLC (MBC) was a tenant in the building at the time of Fork Road’s...more

Carlton Fields

Second Circuit Rejects Application of the Functus Officio Doctrine and Affirms District Court’s Order Denying Petition To Vacate...

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In Smarter Tools, Inc., v. Chongqing Seni Import & Export Trade Co., Ltd., et al., the Second Circuit affirmed the district court’s order denying Smarter Tools, Inc.’s (STI) petition to vacate an arbitration award and...more

Carlton Fields

Delaware Supreme Court Finds Validity of Contract Containing Arbitration Clause to Be Decided By Arbitrator

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In a December 2022 decision, the Delaware Supreme Court considered whether the validity of an arbitration agreement is an issue to be decided by the court or by an arbitrator....more

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