News & Analysis as of

Dispute Resolution International Arbitration Contract Disputes

Foley Hoag LLP

Recent Highlights in Aviation and Defense Arbitration

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The last year has demonstrated the continued suitability of commercial and investment arbitration for dealing with complex, and simple, disputes in these crucial industries. Please see below our takeaways on some of the more...more

JAMS

Bridging Cultures, Avoiding Disputes: Why Construction Needs Partnering Dialogue More Than Ever

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Not long ago, I spoke with a general contractor on a multinational infrastructure project. “We had five nationalities on-site,” he said, “and six different ways of interpreting the same deadline.” He wasn’t exaggerating. ...more

Morrison & Foerster LLP

Enforcement of China’s Anti-Foreign Sanctions Law Strengthens Through Private Cause of Action and New Implementing Rules

In November 2024, in the first successful private cause of action under the Anti-Foreign Sanctions Law (AFSL), a Chinese court adjudicated a civil claim by a Chinese company against its overseas customer for failure to pay...more

Foley & Lardner LLP

M&A Disputes Set to Rise in Latin America: How Savvy Investors Are Protecting Themselves

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As deal activity shows signs of rebounding in 2025, investors are bracing for an increase in M&A-related disputes globally, and Latin America is no exception. It appears to be leading the trend....more

White & Case LLP

Efficiency And Effectiveness

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The behaviours that most negatively impact efficiency in arbitration include adversarial approaches by counsel (24%), lack of proactive case management by arbitrators (23%) and counsel over-lawyering (22%). Respondents called...more

K&L Gates LLP

Tariffs & Supply Chains: An English Law Perspective on Contractual Levers You May Have (or Want)

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These are challenging times for supply chains. In recent months, the US government has announced, reversed, delayed, adjusted, and enacted a series of tariffs on imports to the United States from a long list of countries;...more

Bracewell LLP

Reinforcing the Regime: Key Updates to Arbitration in England and Wales

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The Arbitration Act 2025 (the “Act”) received Royal Assent on 24 February 2025. Its stated aim is to amend the Arbitration Act 1996, which governs arbitral claims seated in England and Wales. It marks a gentle evolution of...more

A&O Shearman

The Mumbai Centre for International Arbitration Releases New Rules

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The Mumbai Centre for International Arbitration (MCIA) has released its 2025 Arbitration Rules, introducing major updates to streamline proceedings, enhance transparency, and align with global best practices. This post...more

Carlton Fields

Fifth Circuit Reverses Decision Denying Motion to Compel International Arbitration

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The Fifth Circuit Court of Appeals recently reversed a district court’s denial of a motion to compel arbitration, concluding that the contract between the parties evinced an intent to arbitrate even if the purported arbitral...more

Morgan Lewis

English High Court Upholds the Primacy of an Exclusive Jurisdiction Clause in a Subsequent Settlement Agreement

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The English High Court in Destin Trading v Saipem SA refused the defendant’s application for a stay of proceedings under Section 9 of the Arbitration Act 1996 on the basis that an exclusive dispute resolution clause in favour...more

JAMS

California’s Global Rise: Insights From International Arbitration Week

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How California is shaping the future of cross-border dispute resolution and bridging legal traditions - During California International Arbitration Week (CIAW), JAMS and other leading arbitration institutions from around...more

Mayer Brown

SEASON 2: Galactic Justice: Navigating the Frontiers of Space Law

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In the first episode of season 2 of our ‘Across the Pond’ podcast, Charles and Kwadwo are joined by colleague Rachael O’Grady, arbitration partner and head of Mayer Brown’s Space & Satellite Group, as well as being joined...more

Felicello Law PC

Is Arbitration Right for Your Legal Needs? Key Considerations Before Choosing Arbitration Over Litigation

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Arbitration is often viewed as a faster, more cost-effective alternative to litigation, but is it the right choice for every dispute? Should you include an arbitration clause in every contract? While it can offer...more

Felicello Law PC

Top 5 Pitfalls to Avoid in Arbitration Agreements

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Once you decide to arbitrate rather than litigate, the next crucial step is ensuring the arbitration agreement is well-drafted. While arbitration offers businesses a private, efficient, and flexible method for resolving...more

A&O Shearman

Horizontal agreements: Is arbitration part of the rules of the game?

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In a recent judgment, the High Court implied an agreement to arbitrate disputes between two parties with no direct contractual relations based on each of the parties’ express, independent agreement to comply with the rules of...more

Miller Canfield

Using International Arbitration to Resolve Retaliatory Tariff Disputes in Global Supply Chains

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As trade tensions rise, retaliatory tariffs are disrupting global supply chains—particularly in the automotive industry and other manufacturing sectors. These unexpected costs are sparking disputes over who should bear the...more

Latham & Watkins LLP

Hong Kong International Arbitration Centre Releases 2024 Annual Statistics

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The statistics show a robust demand for arbitration and reflect Hong Kong’s importance as an arbitral venue for resolving cross-border commercial disputes. On 20 February 2025, the Hong Kong International Arbitration...more

JAMS

The Power of Choice: How Flexibility in Arbitration Drives Better Outcomes

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Arbitration is often chosen as an alternative to litigation because it can be more efficient and cost-effective, as well as tailored to the needs of the parties. But to fully realize these benefits, flexibility is key. The...more

JAMS

Tariffs, Contracts and the Negotiation Imperative: Why the Old Playbook Won’t Work

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New tariffs and economic shocks are placing immense strain on business contracts and relationships. For companies entangled in long-term agreements, the instinctive reaction—litigating or engaging in a zero-sum renegotiation...more

Bradley Arant Boult Cummings LLP

5th Circuit Rules Intent to Arbitrate Trumps Defunct Forum

The Fifth Circuit ruled that Baker Hughes Saudi Arabia and Dynamic Industries, Inc., could be compelled to arbitration in a forum that no longer exists. In doing so, the court ruled that the parties’ “dominant purpose was to...more

Gray Reed

Arbitration Result Can Be “Good”, “Bad” or “Ugly”

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The message in RSM Production Corporation v. Gaz du Cameroun SA: According to the federal Fifth Circuit, an arbitration tribunal’s construction of a contract and the arbitration rules governing the dispute “hold, however...more

A&O Shearman

Swedish Court requests ruling from CJEU on sanctions legislation

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The Swedish Court of Appeal (Court) has requested a preliminary ruling from the Court of Justice of the European Union (CJEU) to clarify the effect and scope of Russia-related sanctions. The anticipated ruling by the CJEU...more

Carey Olsen

Specific performance in arbitration in the BVI: is there a binding award?

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In Global Mining and Gerald Metals ("Claimants") v China National Gold Group ("Respondents") BVIHCM 2023/0070, the Respondents were unsuccessful in their applications to set aside the BVI Court's order for registration and...more

A&O Shearman

Maritime misadventure: the case of the nominal damages

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Where two vessels were returned late by a charterer, only nominal damages were recoverable, since even if the vessels had been returned on time, the owners could not have chartered them out owing to obligations under...more

BCLP

The IBA Site Visit Protocol: A framework for Avoiding Disputes Within Disputes

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Site visits can play an important part in construction arbitration, allowing the tribunal to gain a clearer understanding of the works in dispute. However, agreeing the terms of a site visit can be a contentious process...more

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