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Jones Day

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

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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

Faegre Drinker Biddle & Reath LLP

Anti-suit Injunctions, Enka v Chubb and the Arbitration Bill

The recent RusChemAlliance LLC cases in the English High Court considered the practical impact of EU sanctions on Russian entities and the interaction between English and French jurisprudence in international arbitration. The...more

A&O Shearman

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

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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

JAMS

[PODCAST] Top Considerations for Selecting International Arbitration Seats and the Rise of the U.S. as an International ADR Hub

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JAMS neutrals discuss how to navigate international arbitration in the states In this podcast, JAMS neutrals Laura C. Abrahamson, Esq. FCIArb, Robert Davidson, Esq., FCIArb, and Shelby Grubbs, J.D., FCIArb, discuss...more

White & Case LLP

Two courts confirm the logical limits of the validation principle

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Courts in Paris and The Hague have recently refused to enforce awards from the same arbitration. These decisions confirm the logical limits to the pro-arbitration principle that arbitrators and courts should seek to uphold...more

BCLP

The Arbitration Act 2024: an Aggregation of Marginal Gains

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The Law Commission of England and Wales has concluded its review of the Arbitration Act 1996. In our International Arbitration Survey 2022, we canvased views on the potential areas for reform of the Act....more

K&L Gates LLP

Arbitration World - June 2023

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Welcome to the 39th Edition of Arbitration World, a publication from K&L Gates’ International Arbitration practice group highlighting significant developments and issues in arbitration for executives and in-house counsel ...more

Bennett Jones LLP

Arbitration, Court and Interim Injunctions: The Tricky Issue of Jurisdiction

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The recent Court of King's Bench of Alberta decision in 2329716 Alberta Ltd v. Randhawa [Randhawa] considered whether the court has jurisdiction to hear an interim injunction where the contracting parties agreed to resolve...more

Stoel Rives -  Ahead of Schedule

Efforts Expected of a Contractor When Efforts Clauses Are in Dispute

Originally published by the Daily Journal of Commerce on May 18, 2023. You will often see in construction contracts terms directing the contractor to use “best efforts” or “reasonable efforts” or “commercially reasonable...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

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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

Reform of the English Arbitration Act 1996

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Summary Disposal: Towards More Efficient Arbitration - On 22 September 2022, the Law Commission of England & Wales published a consultation paper as part of its ongoing review of the Arbitration Act 1996 (the “Act”)....more

Cooley LLP

The High Court Shows Support for Arbitral Process

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In its instructive judgment in RQP v ZYX, the High Court of England and Wales has provided helpful commentary on two aspects of the arbitration process, namely: (i) the limited circumstances in which a tribunal may have...more

Conyers

The English Arbitration Act Consultation Paper: A BVI Lens

Conyers on

On 22 September 2022, the Law Commission published a consultation paper (the “Consultation Paper”) on the English Arbitration Act 1996 (the “English Arbitration Act”) which included a number of significant provisional...more

Cooley LLP

Court of Appeal Lifts Stay to Allow English Court to Determine the Validity of Arbitration Clause

Cooley LLP on

The Court of Appeal of England and Wales in Soleymani v Nifty Gateway LLC has set aside a stay to allow the English court to determine the validity of an arbitration clause contained in a contract between an English consumer...more

A&O Shearman

Reform of the Arbitration Act 1996—Section 44: The Courts’ Supportive Powers

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We explained in a previous post that the Law Commission of England & Wales is conducting a review of the Arbitration Act 1996 as part of its 14th programme of law reform....more

A&O Shearman

Reform of the Arbitration Act 1996: An Opportunity for Improvement?

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As part of its 14th programme of reform, the Law Commission of England & Wales has announced that it will review the Arbitration Act 1996. Over the past 25 years, the Act has played a key role in making London the most...more

Hogan Lovells

Enforcement of Emergency Awards – India takes a leap

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On 6 August 2021, the Indian Supreme Court ruled that awards of emergency arbitrators in India-seated arbitration would be enforceable in India. This has attracted international attention in relation to the recognition of the...more

Kennedys

Bermuda: International Arbitration 2021

Kennedys on

1 Arbitration Agreements - 1.1 What, if any, are the legal requirements of an arbitration agreement under the laws of your jurisdiction? Other than requiring that arbitration agreements be in writing, Bermuda’s...more

Akin Gump Strauss Hauer & Feld LLP

The Importance of Pre-Arbitral Steps: The Latest English High Court Approach

The Fundamental Problem - International arbitration is facing continued (if not increased) problems stemming from multitier arbitration clauses. What should happen when one party has not complied with a pre-arbitral step...more

Carlton Fields

Court Denies Motion To Compel Arbitration and To Appoint Arbitrators Where Parties Had Agreed To Arbitrate and There Was No...

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In a case where both the plaintiffs and the defendant agreed the matter should be arbitrated, the Southern District of Ohio refused to compel arbitration and denied the plaintiffs’ motion for the appointment of arbitrators....more

Akin Gump Strauss Hauer & Feld LLP

The Law of an Arbitration Agreement: Is it the law of the seat or the law of the underlying contract?

If there is no express law of the arbitration agreement, the law with which that agreement has its closest and most real connection is either the law of the underlying contract or the law of the seat of the arbitration. The...more

WilmerHale

International Comparative Legal Guide to International Arbitration 2019 - Chapter Thirty Two: England & Wales

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What, if any, are the legal requirements of an arbitration agreement under the laws of your jurisdiction? There are no formal requirements for an arbitration agreement to be valid. However, the Arbitration Act 1996 (the...more

Bradley Arant Boult Cummings LLP

Silence Isn’t Always Golden—Sometimes It Lands You in Class Arbitration

As this blog has previously discussed, the availability of class arbitration has been significantly restricted after a series of U.S. Supreme Court decisions. However, we have also noted that express preclusion of class...more

WilmerHale

US Supreme Court Rejects “Wholly Groundless” Exception to Rule That Arbitrators Must Decide Arbitrability When Contract Delegates...

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On January 8, 2019, the US Supreme Court held in Henry Schein, Inc. v. Archer & White Sales, Inc., 586 U.S. --- (Jan. 8, 2019), that when a contract delegates to arbitrators the question whether a dispute is subject to...more

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