News & Analysis as of

Dispute Resolution Appeals

BCLP

HK Court of Appeal Set Aside Arbitral Award for the Absence of Underlying Disputes: No Dispute, No Jurisdiction

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In CMBICDHAW Investments Limited v CDH Fund V Limited Partnership & others [2024] HKCA 516 (judgment date: 10 July 2024), the Hong Kong Court of Appeal (CA) addressed an appeal regarding the Court of First Instance’s (CFI)...more

Proskauer - Health Care Law Brief

No Surprises Here!  Fifth Circuit Upholds Health Care Provider Challenge to No Surprises Act Regulations

In a recent win for health care providers, the United States Court of Appeals for the Fifth Circuit has affirmed a lower court’s decision to vacate key portions of regulations issued by the U.S. Departments of Treasury,...more

Blake, Cassels & Graydon LLP

Alberta : Demande de modifications aux règles régissant les appels de décisions de juges des requêtes

Dans l’affaire Lesenko v. Wild Rose Ready Mix Ltd. (l’« affaire Lesenko »), la Cour du Banc du Roi de l’Alberta (la « CBRA ») a envoyé un message clair au Comité des règles de procédure et à la Cour d’appel de l’Alberta (la «...more

Conyers

Winding Up Proceedings Prevail: Privy Council Confirms No Stay of Liquidation in Favour of Arbitration

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The Privy Council has recently upheld a BVI judgment refusing stay of a winding up petition in favour of arbitration. The recent Sian Participation Corp (In Liquidation) v Halimeda International Ltd1 Privy Council decision...more

McDermott Will & Emery

Healthcare Regulatory Check-Up Newsletter | May 2024 Recap

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This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for May 2024. We discuss several notable cases and enforcement resolutions, including the US Court of Appeals for the District of...more

Blake, Cassels & Graydon LLP

Time for a Change: Alberta Court Calls for New Rules for Appeals of Applications Judges

The Court of King's Bench, in Lesenko v. Wild Rose Ready Mix Ltd. (Lesenko), has sent a clear message to the Rules of Court Committee and the Alberta Court of Appeal about the desire for new standard of review rules for...more

Mintz - Arbitration, Mediation, ADR...

Just as "Shall" Means "Shall", "Stay" Means "Stay"

To stay or to go (from the docket)? For decades, federal courts of appeal have disagreed on a fundamental procedural question: when a dispute filed in federal district court is subject to arbitration, should the court dismiss...more

Snell & Wilmer

SCOTUS Resolves Circuit Split Regarding Staying or Dismissing Lawsuits in the Face of Arbitration Agreements

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On May 16, 2024, the U.S. Supreme Court unanimously held that where a district court is presented with a motion to stay and/or dismiss on the basis of an arbitration agreement, the plain language of the Federal Arbitration...more

Walkers

The importance of Alternative Dispute Resolution – Churchill v Merthyr Tydfil County Borough Council

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In England & Wales proceedings are subject to a series of "Pre-Action Protocols" which set out the steps a Court would expect parties to take prior to commencing proceedings. The Pre-Action Conduct and Protocols applies to...more

Conyers

The Effect of Non-Disclosure in Unfair Prejudice Claims

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A successful party to a buy-out order made in the course of unfair prejudice proceedings can find themselves in a difficult position, at the hands of an uncooperative respondent. Commonly, the Court will try liability and...more

BakerHostetler

To NAD or Not to NAD: How Being a Challenger in a Self-Regulatory Dispute May Land You in Federal Court

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We get asked all the time to lay out the pros and the cons of different ways a company can challenge a competitor’s false advertising. And no surprise -- we are big fans of the National Advertising Division (NAD) process,...more

Conyers

Modified Universalism in the Context of Officeholder Sanction Applications

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Russell Crumpler & Christopher Farmer (as Joint Liquidators of Three Arrows Capital Ltd (in Liquidation)) v Three Arrows Capital Ltd (in Liquidation) and BVIHC (Com) 2022/0119 (unreported 26 July 2023) The BVI liquidation...more

Hogan Lovells

Dousing the flames - fire service contractor wins appeal against removal from register

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A fire service contractor in Hong Kong has partially succeeded in its appeal against the order of the Fire Service Installation Contractors Disciplinary Board temporarily removing it from the Register of Fire Service...more

Conyers

Update to the Adler High Court Decision: The UK’s Court of Appeal Overturns the High Court’s Approval of the Adler Restructuring...

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Following the English High Court’s written reasons for sanctioning the Adler Group restructuring plan on 21 April 2023, the English Court of Appeal has overturned the High Court’s decision and sent a strong message regarding...more

Adams and Reese LLP

Don’t Hold Your Fire: How to Oppose Dispositive Motions

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Suppose you’re about to be attacked by a bear. There you are, enjoying nature and minding your own business when you spot the hairy beast lumbering toward you. You have three shells left in your shotgun, but you feel...more

A&O Shearman

SGCA sets a limit on debtors invoking arbitration clauses to resist winding up applications

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In Founder Group (Hong Kong) Ltd v Singapore JHC Co Pte Ltd (2023), the Court of Appeal set limits on a debtor’s ability to resist a winding up application by pointing to an arbitration clause in the underlying agreement....more

Conyers

Frozen Crypto Assets and a Dissolved Company: The EC Court of Appeal’s Application of Convoy Collateral

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In its seminal decision in Broad Idea International v Convoy Collateral [2021] UKPC 24 (“Convoy”), a case which had its genesis in the BVI Commercial Court, the Privy Council delivered a ground-breaking exposition of the law...more

Cooley LLP

Court of Appeal Holds That Courts Can Order Parties to Engage in Dispute Resolution

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The Court of Appeal’s hotly anticipated decision in James Churchill v. Merthyr Tydfil County Borough Council has been handed down. It holds that courts have the power to stay proceedings for, or order, parties to engage in a...more

Snell & Wilmer

Arbitration May Be Available Without An Express Direct Agreement in Utah

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Construction transactions are characterized by many contracts involving multiple parties. While the terms of the parties’ individual contracts generally govern their relationships, parties should be aware that, intentionally...more

Davidoff Hutcher & Citron LLP

Is NYs Civil Rights Law a Backstop to MSGs Efforts to Ban Adverse Counsel?

Over the past several months, Madison Square Garden Entertainment Corp. (“MSG”) has garnered significant attention – and derision – for its decision to ban all of the lawyers from any law firm that represents a client adverse...more

A&O Shearman

Pensions in Dispute - November 2023

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Welcome to our quarterly pensions litigation briefing, designed to help pensions managers identify key risks in scheme administration and trustees update their knowledge and understanding. This briefing highlights recent...more

Pillsbury Winthrop Shaw Pittman LLP

ASBCA’s FY 2023 Annual Report: Contractor Appeals Are Way Down but Dispositive Motion Activity Is Way Up

The Armed Services Board of Contract Appeals’ 2023 annual report reveals the lowest number of docketed appeals in 40 years, while at the same time the Board deals with the largest number of motions for summary judgment in...more

Conyers

Cayman Islands Shareholder Remedies: Stays in Favour of Arbitration

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On 20 September 2023, the Privy Council delivered the much-anticipated judgment in FamilyMart China Holding Co Ltd v Ting Chuan (Cayman Islands) Holding Corporation [2023] UKPC 33, on appeal from the Cayman Islands Court of...more

Conyers

Trina Solar: A Warning Regarding Reliance on Merger Price and Deficient Disclosure in s238 Proceedings

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The successful appeal by dissenting shareholders in Trina Solar provides key insights into the importance of establishing a robust merger process, the company’s burden to make all relevant information available in appraisal...more

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Related to the US and Latin America

US Case Law Update - The U.S. Supreme Court and appellate courts have issued several recent decisions on important topics related to arbitration and the ability to enforce awards and judgments in the United States....more

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