News & Analysis as of

Dispute Resolution Arbitration Commercial Contracts

Miles Mediation & Arbitration

Patience, Process and Persistence — Using Sequential Mediator’s Proposals in Commercial Contractual Negotiations

The goal of mediation is not always compromise. Rather, the goal of mediation is agreement, and compromise is only one tool to achieving that goal. Another tool is a change of perspective, of viewpoint, to confirm your...more

WilmerHale

Take Your Marks, Get Set...Arbitrate? Resolving Disputes at the Paris Olympic Games

WilmerHale on

As the Olympic torch rapidly approaches Paris, multiple stakeholders prepare for two weeks of intense competition. Individual athletes and nations seek glory on the playing field; financially interested third...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

WilmerHale

Cox and Kings v. SAP India Pvt. Ltd. & Anr.: The Indian Supreme Court Revisits and Retains the Group of Companies Doctrine

WilmerHale on

In December 2023, a five-judge bench of the Indian Supreme Court issued its much-awaited decision on the “group of companies” doctrine in Cox and Kings v. SAP India Pvt. Ltd. & Anr. (“Cox and Kings”), confirming that the...more

Conyers

B2B, B2C, BVI – Crypto Disputes in the Caribbean

Conyers on

In the crypto world, does it really matter where you are? Is there a sunny offshore paradise perspective on the click of a button and a fintech trade? The answer lies as usual in how to unravel a problem should it arise. Both...more

Bradley Arant Boult Cummings LLP

When Is a Waiver of the Right to Arbitrate a Waiver?

Arbitration continues to be a growing preference for dispute resolution. Mandatory arbitration provisions are found in a variety of commercial contracts, especially in consumer agreements. In fact, it has been reported in a...more

Bradley Arant Boult Cummings LLP

The Great Debate: Do You Arbitrate Commercial Disputes?

In a civil case, is it wiser for a business to try to persuade the counterparty to agree from the outset to arbitration—or potentially to place it's very solvency in the unpredictable hands of a judge and jury? Originally...more

Holland & Knight LLP

USMCA Deadline to File Legacy Investment Arbitrations Approaches

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The United States-Mexico-Canada Agreement (USMCA) went into effect on July 1, 2020, replacing the North American Free Trade Agreement (NAFTA). Access to investment arbitration in the USMCA is subject to more restrictive...more

BCLP

Important judgment on pre-conditions in arbitration clauses

BCLP on

Many modern commercial contracts contain dispute resolution clauses which submit disputes to arbitration. It is common for parties to agree to a set of pre-conditions or escalation mechanisms which have to be complied with...more

JAMS

An AAPI Neutral’s Perspective on Culture and Contract Interpretation

JAMS on

Something interesting has happened to me in the past year or so: I started seeing many more cases where two or more parties were Asian, a term I will use to mean both “Asian-American” and “from Asia.” Some have been...more

WilmerHale

The Group of Companies Doctrine - Assessing the Indian Approach

WilmerHale on

Consent is a foundational requirement of any arbitration. This consent is embodied in the arbitration agreement. Typically, therefore, it is only the signatories to an arbitration agreement that are bound by the agreement to...more

JAMS

JAMS Clause Workbook - A Guide to Drafting Dispute Resolution Clauses for Commercial Contracts

JAMS on

In today’s competitive marketplace, most companies either cannot afford or do not wish to incur the time, expense and adverse business consequences of traditional litigation. Unfortunately, in every business relationship...more

Foley & Lardner LLP

India Modernizes its Arbitration System: U.S. Companies Should Consider Arbitration Clauses in Indian Commercial Contracts

Foley & Lardner LLP on

The Indian court system has gained an unfortunate reputation for being notoriously slow, cumbersome, unpredictable, and unreliable, which makes solving commercial disputes in India a challenging ordeal. India ranks near the...more

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