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Commercial Arbitration International Arbitration

Bennett Jones LLP

How (Not) to Inadvertently Waive Your Right to Arbitrate

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The recent Ontario Court of Appeal decision in RH20 North America Inc v Bergmann, 2024 ONCA 445 serves as useful reminder that a party can inadvertently waive its right to arbitrate a dispute if the party takes a step in the...more

Bennett Jones LLP

Alberta Court Articulates Important Exceptions to the Kompetenz-Kompetenz Principle and the Scope of Arbitration Clauses

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A recent decision of the Alberta Court of King’s Bench in Orica Canada Inc v ARVOS GmbH, 2024 ABKB 97 [Orica] has attracted considerable attention among members of the arbitration bar. In it, the Court of King’s Bench...more

Skadden, Arps, Slate, Meagher & Flom LLP

Arbitrator Ethics and the Panama Canal Case: the Eleventh Circuit Rejects an “Evident Partiality” Challenge to an Arbitration...

Users of commercial arbitration — particularly those that employ the top institutional rules, such as those of the ICC or ICDR-AAA — have a number of basic expectations. They want their dispute to be decided by competent,...more

Bradley Arant Boult Cummings LLP

Louisiana District Court Denies Motion to Compel Arbitration Pursuant to DIFC-LCIA

A U.S. federal district court refused to compel arbitration in a contractual dispute concerning the supply of materials, products, and services for an oil and gas project being performed by defendants in Saudi Arabia. The...more

Pillsbury Winthrop Shaw Pittman LLP

Making Japan a More Attractive Center for International Arbitration

Since 2017, Japan has been actively working to promote international arbitration. The updates to the Arbitration Act of Japan should help boost the country’s popularity as an arbitration seat....more

JAMS

How International Commercial Arbitration Can Be More Efficient, Speedier, and Less Costly

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International commercial arbitration is often and accurately criticized for being too slow and expensive. However, delays and exorbitant costs in these cases are not inevitable; they are the result of intentional but...more

Bennett Jones LLP

Arbitration Angle - 2023 Edition - Reflecting On A Year Of Decisions And Looking Ahead

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UN Member States Adopt Code of Conduct for Arbitrators in Investor-State Disputes - At its 56th annual session held in Vienna in July 2023, the United Nations Commission on International Trade Law (UNCITRAL) formally...more

WilmerHale

Chambers Global Practice Guides - International Arbitration 2023 - England & Wales

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In 2023, the international arbitration landscape is dominated by macroeconomic factors. The inflationary pressures combined with price volatility and the use of sanctions by governments following Russia’s invasion of Ukraine...more

WilmerHale

Chambers Global Practice Guides - International Arbitration 2023 - Global Overview

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In 2023, the international arbitration landscape is dominated by macroeconomic factors. The inflationary pressures combined with price volatility and the use of sanctions by governments following Russia’s invasion of Ukraine...more

White & Case LLP

Qatar Financial Centre: Court Clarifies its Jurisdiction in relation to Arbitrations seated in Qatar

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A recent court case by the Civil and Commercial Court of the Qatar Financial Centre clarified the Court's jurisdiction to support arbitrations seated in Qatar. Parties not established in the Qatar Financial Centre must agree...more

Orrick, Herrington & Sutcliffe LLP

New Saudi Center for Commercial Arbitration Rules

With Revamped Rules, the Saudi Center for Commercial Arbitration Announces Not Only Its Commitment to Vision 2030 but Also Its Commitment to Aligning Itself with International Best Practices for Administering Institutions...more

K&L Gates LLP

The Saudi Center for Commercial Arbitration Adopts New Arbitration Rules

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The Saudi Center for Commercial Arbitration (SCCA) recently issued a new and updated set of arbitration rules (SCCA Rules 2023). Overall, the product is an enhanced, modern set of rules that aim to allow for more efficient...more

Bennett Jones LLP

An Arguable Case May Be All You Need to Go to Arbitration in Ontario

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In the recent Ontario Court of Appeal decision in Husky Food Importers & Distributors Ltd. v. JH Whittaker & Sons Limited, 2023 ONCA 260, the Court addressed the question of what standard of proof a party would need to meet...more

Hogan Lovells

Saudi Center for Commercial Arbitration publishes updated arbitration rules

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Saudi Arabia has taken a number of steps over recent years to modernize its arbitration laws, as well as establishing the Saudi Center for Commercial Arbitration (the "SCCA") in 2016. This is part of the Kingdom's vision of...more

Akin Gump Strauss Hauer & Feld LLP

New Rules for the SCCA—The Changes and How they Compare

The stated aim of the Saudi Center for Commercial Arbitration (SCCA) is to become the Middle East’s preferred centre for alternative dispute resolution by 2030. This week, the SCCA launched its revised Arbitration Rules,...more

Bennett Jones LLP

Ontario Court of Appeal Provides Clarity Regarding Appeals of Domestic Arbitral Awards

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Commercial arbitration is widely perceived as a pathway to obtaining a final and binding decision (styled as an "award") that is not subject to appeal. However, this is not always the case in Canada. The degree of finality of...more

Shutts & Bowen LLP

Discovery Access Under 1782 and ICSID Arbitrations

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Last June, the Supreme Court brought much needed clarity for parties in commercial arbitrations seeking discovery assistance in the U.S. under Section 1782, by holding that such discovery assistance does not extend to...more

Hogan Lovells

The Italian Arbitration Law Turns Around: The 2022 Reform and International Arbitration

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This post is aimed at illustrating the main features of the recently approved reform of the Italian arbitration law, implemented by means of Legislative Decree no. 149 of 10 October 2022 and applicable to proceedings started...more

A&O Shearman

Indonesia’s Revocation Of Mining Permits: What Foreign Investors Need To Know

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On September 26, 2022, the Indonesian Minister of Investment provided an update on the review process being undertaken by the Ministry of Investment in respect of its revocation of over 2,000 mining permits in August 2022....more

Sheppard Mullin Richter & Hampton LLP

The Supreme Court Rules That § 1782 Does Not Apply to Private Arbitrations

On June 13, 2022, the Supreme Court issued its highly anticipated decision on the issue of whether 28 U.S.C. § 1782 permits district courts to order discovery for use in international commercial arbitration or ad hoc...more

Bradley Arant Boult Cummings LLP

United States Supreme Court Closes the Door to U.S. Discovery in International Commercial Arbitration

What did the Court decide? The United States Supreme Court resolved a split among the federal appeals courts on the question of whether private international arbitration tribunals can be considered to be either “foreign”...more

Hogan Lovells

Les amendements au Règlement du CIRDI sont entrés en vigueur le 1er juillet 2022

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Adopté par le Conseil administratif du CIRDI le 21 mars 2022, le nouveau Règlement du CIRDI (le « Règlement ») est entré en vigueur le 1er juillet 2022, avec l’objectif d’"une rationalisation des procédures pour permettre un...more

Hogan Lovells

Application to set aside arbitral award on the mainland not a ground for refusal of enforcement in Hong Kong

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In Lin Chin Hsiung v Lin Hsiu Fen [2022] HKCFI 1270, the Honourable Madam Justice Mimmie Chan dismissed the respondent's application to set aside an enforcement order to enforce an arbitral award issued by the Shanghai...more

Morgan Lewis

US Supreme Court Restricts Use of US Courts to Aid in Discovery for International Arbitrations

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Parties seeking to use the US court system to facilitate discovery in foreign commercial and investor-state arbitrations may no longer have that option. ...more

Eversheds Sutherland (US) LLP

Powerful US discovery tool still allowed for international litigation but not commercial arbitration

On June 13, 2022, the US Supreme Court decided ZF Automotive US, Inc. v. Luxshare, Ltd., No. 21-401, holding that Section 1782 requires a “foreign or international tribunal” be a tribunal imbued with governmental authority....more

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