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Cross-Border Arbitration

JAMS

Making Arbitration More Efficient Is the Responsibility of All Participants

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The arbitral procedure shall provide a fair and efficient process for resolving a dispute, and it should be conducted in a manner that avoids unnecessary delays and expenses. However, users of both domestic and international...more

Hogan Lovells

Recent New York decision highlights that courts can recognize a foreign judgment even without personal jurisdiction

Hogan Lovells on

In Cargill Financial Services Int’l, Inc. v. Barshchovskiy (S.D.N.Y. Feb. 18, 2025), the U.S. District Court for the Southern District of New York clarified that recognition of a foreign monetary judgment by a New York court...more

JAMS

How Advocates and Arbitrators May Use Psychology to Improve Panel Selection and Decision-Making

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Since 2017, when I edited The Roles of Psychology in International Arbitration, articles on psychology have become a standard feature of edited collections on arbitration and in talks on psychology at arbitration conferences....more

JAMS

The Complexities of Construction Dispute Resolution, Part I: Statutory Adjudication

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While disputes can occur in any type of commercial transaction, construction contains a unique mix of “ingredients” that increase the likelihood that disputes will arise. Whereas most commercial transactions involve only a...more

JAMS

AI’s Double-Edged Role in Dispute Resolution

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Recently practitioners, scholars and enthusiasts of alternative dispute resolution gathered—virtually and in person—at a JAMS Resolution Center to examine one of the most pressing and intriguing questions in the field: What...more

JAMS

Global Perspectives on Employment Disputes: Key Lessons From Cross-Border Cases

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Navigating employment disputes across borders presents unique challenges for employers and employees alike. Legal frameworks, cultural sensitivities and ethical considerations can vary greatly from one jurisdiction to...more

Morrison & Foerster LLP

Singapore International Commercial Court Approves First Cross-Border Pre-Packaged Scheme of Arrangement

Over the Summer, the Singapore International Commercial Court (“SICC”) issued a landmark decision in In Re No Va Land Investment Group Corp [2024] SGHC(I) 17, authored by International Judge (and MoFo alum) James Michael...more

JAMS

Dr. Anton Maurer’s Guide to the Minefields of the Public Policy Exception to the Enforcement of International Arbitral Awards

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Dr. Anton Maurer’s career as an international lawyer in or with respect to more than 65 countries has led to his recognition as a trusted neutral in jurisdictions such as China, Switzerland, India, England, Brazil, Korea,...more

K&L Gates LLP

Australia-China Cross-Border Commercial Disputes – Where Should They be Resolved?

K&L Gates LLP on

Following efforts by the Australian and Chinese governments to improve bilateral relations and restore trade in sectors significantly affected by COVID-19-era geopolitical tensions, we have seen a renewed interest in...more

JAMS

Rising Global Demand for International Dispute Resolution: Trends and Perspectives

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JAMS has released its second annual global caseload statistics report. This report captures the volume and types of international matters handled in 2023, reflecting the growing demand for alternative dispute resolution (ADR)...more

Cranfill Sumner LLP

No Second Bite at the Arbitration Apple: How the Fourth Circuit Appeals Court Steadfastly Affirms the Recognition & Enforcement of...

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Companies that are successfully expanding their business beyond the United States or aiming to grow their business globally may find that understanding the world of international arbitration can be a valuable tool for...more

JAMS

Six Tips to Successfully Implement Dispute Resolution Boards Nationally and Internationally

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In the demanding realm of construction, where time and money are paramount, dispute resolution boards (DRBs) stand out as a unique and underused asset. The key to unlocking their full potential lies in dispelling common...more

JAMS

Challenges and the path forward for disputes in aviation

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The International Air Transport Authority (IATA) is a Montreal-based trade organization incorporating 317 airlines from over 120 countries. Its member operations comprise about 82% of available global commercial seat miles....more

ArentFox Schiff

Supreme Court Holds That the FAA’s Transportation Exemption Applies to all Employees Involved in Interstate Transportation

ArentFox Schiff on

Enacted in 1925, the Federal Arbitration Act (FAA) reflects the nation’s policy favoring arbitration agreements. Employers routinely rely on the FAA to compel aggrieved employees to press their disputes before an arbitrator,...more

Holland & Knight LLP

Food Delivery Drivers' Misclassification Suit May Be Exempt from Arbitration

Holland & Knight LLP on

The U.S. Supreme Court decided Bissonnette, et al. v. LePage Bakeries Park St., LLC, et al. on April 12, 2024. In a unanimous decision written by Chief Justice John Roberts, the Court held that a transportation worker need...more

JAMS

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

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In this podcast, JAMS neutrals Laura C. Abrahamson, Esq. FCIArb, Robert Davidson, Esq., FCIArb, and Shelby Grubbs, J.D., FCIArb, discuss selecting a seat for international arbitration proceedings, the current regulatory...more

Mayer Brown

Cross-Border Transfer of Evidence from Mainland China under International Commercial Dispute Resolution Scenarios

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Cross-border transfer of evidence in litigation or arbitration proceedings is no longer innocuous in today’s world, with countries frequently at odds with each other over data security regulations. This was unexpected a...more

A&O Shearman

From Absolute Immunity to Restrictive Immunity - The implication of the Foreign State Immunity Law on cross-border disputes in the...

A&O Shearman on

The long-standing practice to adopt the principle of absolute foreign state immunity by the People’s Republic of China (the PRC) and Hong Kong is coming to an end as the PRC’s Foreign State Immunity Law (the FSIL) is coming...more

White & Case LLP

Investing in India

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What a difference a decade can make! Since the publication of our first report, "Navigating India: Lessons for Foreign Investors," in 2013, India has undergone a remarkable transformation. The country’s population grew by 100...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

Bracewell LLP

Preserving NAFTA Legacy Rights Requires Immediate Action

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Investors from the United States, Mexico or Canada in the territory of one of the other two investment hosting states, who may have been adversely affected by the host government’s measures, need to act by the end of March...more

A&O Shearman

Hong Kong and Singapore Expand Arbitration Funding Options

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Hong Kong and Singapore, the Asia Pacific’s leading seats of international arbitration, have both implemented reforms enabling parties to enter into outcome related fee structures (ORFSs) with their lawyers for arbitrations...more

Hogan Lovells

Cross-border enforcement of judgments in Hong Kong and the PRC – a new dawn? Talking Point Asia – November 2022

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A wide-ranging mechanism allowing for reciprocal enforcement of judgments in mainland China and Hong Kong has come one stage closer with the gazetting on 4 November 2022 of the Mainland Judgments in Civil and Commercial...more

Cranfill Sumner LLP

Can My Arbitrator Mediate or Help Settle My Case?

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A recent trend in discussions in the international arbitration industry involves the arbitrator’s role in suggesting settlement to the parties or even mediating the dispute. In some civil law countries, the practice of having...more

White & Case LLP

Do BITs and bytes bite? Investment treaty arbitration for technology disputes

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Cross-border disputes involving technology companies are increasing with the proliferation of new government regulations in the areas of data protection, cybersecurity, online content, foreign investment controls, taxation,...more

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