News & Analysis as of

Commercial Arbitration

Tips for Effective Advocacy in Arbitration

by Holland & Hart LLP on

Parties to arbitration proceedings frequently comment that they appreciate the arbitration process because it is a faster, more efficient, and less costly way to resolve their business disputes. Unlike litigation, arbitration...more

OnRisk: Arbitration Provisions in Insurance Policies

by K&L Gates LLP on

In this episode of OnRisk, Carolyn Branthoover and Sarah Turpin talk about the increasing frequency of arbitration clauses in insurance policies, the enforceability of arbitration agreements in both the U.S. and in the UK,...more

LATIN AMERICA & THE CARIBBEAN: A Legal Guide for Business Investment and Expansion - Argentina

1. What role does the government of Argentina play in approving and regulating foreign direct investment? Argentina’s government has issued general regulations regarding foreign investment, and has, in general, allowed the...more

Oh, And One More Thing . . . Issuing A Subpoena For Documents Under 28 U.S.C. § 1782 Also Requires Personal Jurisdiction Over The...

Under 28 U.S.C. § 1782, “[t]he district court of the district in which a person resides or is found may order him to . . . produce a document for use in a proceeding in a foreign or international tribunal . . . .” Courts in...more

Closed List Arbitrator Appointments: A Case Study

by WilmerHale on

The Selection of international arbitrators is one of the most important aspects of the arbitral process. Established methods span from the selection of arbitrators by agreement between the parties to the selection by...more

International Arbitration Alert: International Arbitration Group Assists Fiji in Adoption of UNCITRAL Model Law on International...

by WilmerHale on

International Arbitration Group Assists Fiji in Adoption of UNCITRAL Model Law on International Commercial Arbitration - On 15 September 2017, the Parliament of the Republic of Fiji enacted the International Arbitration...more

What In-House Counsel Need To Know About Their Form Arbitration Clauses – Ten Foundation Questions

Most arbitrations, and all commercial arbitrations, are creations of contract, and courts are generally required to enforce an arbitration agreement as they would any other contract. Therefore, the terms of the arbitration...more

Ensuring appropriate confidentiality in arbitration: guidance for arbitrators and parties alike

by Dentons on

A recent case, Symbion Power LLC v. Venco Imtiaz Construction Co [2017] EWHC 348 (TCC), highlighted two issues which touch on confidentiality in arbitrations: (1) the confidentiality of communications from an arbitrator to a...more

Recover of Costs After Arbitration Pursuant to C.C.P. § 998

by Low, Ball & Lynch on

Alan Heimlich v. Shiraz M. Shivji - Court of Appeal, Sixth Appellate District (May 31, 2017) - Must a party that has served a statutory offer to compromise pursuant to Code of Civil Procedure Section 998 present it to...more

Bilateral Arbitration Treaties at the 50th Anniversary of UNCITRAL

by WilmerHale on

At the 50th anniversary of the United Nations Commission on International Trade Law (“UNCITRAL”) Congress, Gary Born, chair of Wilmer Cutler Pickering Hale and Dorr LLP's International Arbitration Group, discussed his...more

The Appeal in Teal: SCC Majority Restores Commercial Arbitrator's Award

by Bennett Jones LLP on

The Supreme Court has again restricted the scope of appeals from decisions of commercial arbitrators, this time upholding an arbitrator's award of compensation under a British Columbia statute by a close majority....more

Finality in commercial arbitration further affirmed by the Supreme Court of Canada

by Dentons on

Confirming its 2014 decision in Sattva Capital Corp. v. Creston Moly Corp.1 (Sattva), the Supreme Court of Canada (SCC), in another appeal from the Province of British Columbia, has held that there is limited jurisdiction for...more

Dispute resolution relief imminent for the African continent

by Hogan Lovells on

On 21 April 2017, the International Arbitration Bill (the Bill) was tabled in the South African Parliament for discussion. The Bill is intended to incorporate the Model Law of the United Nations Commission on International...more

The Appeal in Teal: Challenging Commercial Arbitration Awards in Canada

by Bennett Jones LLP on

How final is a final award in a commercial arbitration? The scope of appeal rights against commercial arbitration awards is again before the Supreme Court of Canada. Will this be the last word on the subject?...more

Arbitration Risks, Part Two: Inside the Arbitration Process

by Fish & Richardson on

Commercial arbitration has become more complex, time-consuming, and expensive – in other words, more like litigation. In Part One, we discussed the increasing skepticism among corporate counsel about the purported “better,...more

“Pedal to the Metal” International Arbitration: ICC Issues Expedited Procedure Rules

In an effort to streamline arbitration proceedings where possible, the International Court of Arbitration of the International Chamber of Commerce (“ICC”) announced on November 4, 2016 that it would issue new Expedited...more

Litigation and enforcement in Japan: overview

by Morrison & Foerster LLP on

MAIN DISPUTE RESOLUTION METHODS - 1. What are the main dispute resolution methods used in your jurisdiction to resolve large commercial disputes? Litigation Litigation is the most frequently used dispute...more

KCAB issues revised international arbitration rules

by White & Case LLP on

The 2016 revised International Arbitration Rules (the "2016 Rules") of KCAB introduce changes that are more in line with other major international arbitration rules. The 2016 Rules apply to KCAB arbitration proceedings...more

A welcome development: SCC announces revision to arbitration rules to include summary judgment procedures

by DLA Piper on

Introduction - The Arbitration Institution of the Stockholm Chamber of Commerce (SCC) has released a draft set of arbitration rules that are intended to take effect in the course of 2017. The draft SCC arbitration rules...more

Russia’s New Commercial Arbitration Reform—Key Points

by Morgan Lewis on

Russia recently enacted an important packet of laws that substantially alters the landscape for commercial arbitration in and involving Russia (both wholly domestic and international) and addresses in detail the current...more

Oregon Federal Court Finds Arbitration Agreement In CGL Policy Invalid

by Carlton Fields on

Plaintiff, Technical Security Integration, Inc., a Washington company, sold certain security and surveillance equipment and services. It hired Corey Tharp as a sales associate in Oregon, to tap his connections to that state’s...more

Reimagining Arbitration

by JAMS on

The rapid growth of commercial arbitration has not been without drawbacks. As counsel have become more sophisticated in dispute process design, arbitrations now often incorporate many elements of a court trial. Litigation...more

Washington State Newsletter - Winter 2014

by JAMS on

In This Issue: Discovery Special Masters Can Streamline the Discovery Process and How to Customize Commercial Arbitration. Excerpt from Discovery Special Masters Can Streamline the Discovery Process - The...more

Top Five Myths about Commercial Arbitration

by JAMS on

While the use of arbitration is on the rise, there are some persistent misconceptions about the process that may be deterring some from using this economical alternative to court trials. Here are a few of those myths along...more

JCAA Rules Revisited

by White & Case LLP on

New JCAA Rules of Commercial Arbitration recently have been released after a review and amendment process that began in July 2012. The JCAA Rules last were amended in 2008, and the new rules took effect on February 1, 2014....more

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