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Foreign Arbitration Clauses

Skadden, Arps, Slate, Meagher & Flom LLP

HK International Arbitration Centre Gives Guidance on Mechanisms for Related Arbitrations and Disputes Arising Out of the Same...

查看中文 On 20 January 2025, the Hong Kong International Arbitration Centre (HKIAC) published a “Practice Note On Compatibility of Arbitration Clauses under the HKIAC Administered Arbitration Rules” (Practice Note). The Practice...more

K&L Gates LLP

Arbitration World: International Arbitration in the Baltic States–Part 1

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The first episode in our two-part Baltic States series, Ian Meredith is joined by speakers from Ellex Valiunas - Vilija Vaitkute Pavan, Dr. Tadas Varapnickas, and Simona Budreikaitė - who offer an overview of international...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

Carey Olsen

Freezing injunctions in the BVI: a recent development from England

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The recent English Court of Appeal decision in Dos Santos v Unitel SA [2024] EWCA Civ 1109 provides welcome clarification as to the test for obtaining a freezing injunction. The English Court of Appeal found that an...more

Walkers

Less Appeals? Cayman Islands Court of Appeal clarifies the test for leave to appeal to the Privy Council

Walkers on

In a recent case the Cayman Islands Court of Appeal has refused to grant leave to appeal to the Judicial Committee of the Privy Council in respect of an injunction ordered in support of a foreign arbitration....more

Conyers

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

Conyers on

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

Jones Day

Indian Supreme Court Sets Aside Arbitral Award for "Grave Miscarriage of Justice"

Jones Day on

The Indian Supreme Court invokes curative jurisdiction to set aside US$960 million award to avoid a "grave miscarriage of justice," seven years after the award creditor received a favorable award in India and three years...more

Walkers

Cayman Court of Appeal confirms jurisdiction to grant injunctions in support of foreign-seated arbitration

Walkers on

On 28 March 2024 the Cayman Islands Court of Appeal dismissed an appeal by Minsheng Vocational Education Company Limited against an injunction enjoining Minsheng from purporting to enforce certain share charges. This is...more

Akin Gump Strauss Hauer & Feld LLP

ArbitrateAD Rules Match Pace Set in Regional Centres

The Abu Dhabi International Arbitration Centre (ArbitrateAD) replaced the Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC) effective 1 February 2024. ArbitrateAD’s aim is to be “the world’s leading catalyst...more

A&O Shearman

Proposed Amendments to HKIAC Rules put the Emergency into Emergency Arbitration

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On 23 January 2024, the HKIAC announced a Public Consultation on Proposed Amendments to the 2018 HKIAC Administered Arbitration Rules. The HKIAC’s proposed amendments include enhancements to the mechanism by which a single...more

White & Case LLP

Hong Kong arbitration clauses offer advantage to Taiwanese companies doing business in China

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Responding to growing geopolitical tensions between Taiwan and mainland China (PRC), Taiwanese businesses are considering ways to diversify their operations away from their largest trading partner. In 2022, China accounted...more

Conyers

What’s “the matter”? The UK Supreme Court’s decision on the scope of arbitration clauses

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The UK Supreme Court in a recent decision has clarified the approach to be taken in determining when a matter ought to be referred to arbitration under an arbitration clause, and when such a matter falls outside of an...more

Carlton Fields

SDNY Confirms Arbitration Award Under New York Convention

Carlton Fields on

In Exclusive Trim Inc. v. Kastamonu Romania, S.A., the U.S. District Court for the Southern District of New York granted a petition to confirm and enforce a foreign arbitration award issued in an arbitration held before the...more

K&L Gates LLP

Arbitration World: A Spelling Error in Vienna

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In this episode, Declan Gallivan (Senior Disputes Associate in London) speaks with Florian Haugeneder (Founder and Partner of Austrian law firm KNOETZL) to discuss a simple spelling mistake which ultimately led to an...more

Faegre Drinker Biddle & Reath LLP

Spotlight on Investor-State Dispute Settlement at UNCITRAL’s Annual Meeting

Background - Last week, during its 56th annual commission session in Vienna, the United Nations Committee on International Trade Law (UNCITRAL) adopted several legal texts to reform ISDS procedures. As the principal legal...more

A&O Shearman

New Model Clause for Parties to Designate the SICC as Supervisory Court for Singapore-Seated Arbitrations

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The Singapore International Commercial Court (SICC) recently introduced a new model clause allowing parties to expressly designate the SICC as having jurisdiction over court proceedings relating to Singapore-seated...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

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

Shutts & Bowen LLP

Russian law says “no” to foreign arbitration proceedings against sanctioned Russian individuals and companies

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On June 8, 2020, Russia enacted Federal Law No. 171-FZ1 (the “Law on Protection from Sanctions”). Under this new statute, a person or entity that is the subject of Russian sanctions can apply to a Russian court for an...more

Snell & Wilmer

U.S. Supreme Court Closes the Door on Foreign Arbitration Discovery in the U.S.

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On June 13, the U.S. Supreme Court resolved a split among U.S. Circuit Courts of Appeal by holding that only an adjudicative body imbued with governmental authority is deemed a foreign or international tribunal under 28...more

Bracewell LLP

Supreme Court Resolves Circuit Split Over 28 U.S.C. § 1782

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On Monday, the Supreme Court resolved a circuit split and issued a long-awaited decision holding that broad U.S.-style discovery under 28 U.S.C. § 1782 is not available in private foreign arbitrations. In the past decade,...more

King & Spalding

US Supreme Court Rules Section 1782 Discovery is Unavailable for Use in Private Foreign Commercial Arbitrations and Certain...

King & Spalding on

On June 13, 2022, in a unanimous consolidated decision authored by Justice Amy Coney Barrett, the U.S. Supreme Court ruled that the scope of 28 U.S.C. § 1782(a) (Section 1782), which authorizes federal courts to order...more

K&L Gates LLP

HUB Talks: Arbitration World: International Arbitration Clauses in Insurance Policies: Are They Valid in States With...

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In this episode, partners Chris Valente and Jackie Celender, along with associates Michael Creta and Peter Ayers, discuss the impact that state anti-arbitration insurance statutes have on the enforceability of international...more

Hogan Lovells

Cheque–mate – Hong Kong Court of Appeal refuses stay to arbitration on dishonoured cheque

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The Hong Kong Court of Appeal has refused to stay to arbitration a court action brought on a dishonoured cheque because of an arbitration clause in the underlying loan agreement between the parties. The court noted there...more

Cranfill Sumner LLP

Part III: Round 2! BOGO – AlixPartners LLP v The Fund for Protection of Investor Rights in Foreign States

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As noted in our prior posts, the U.S. Supreme Court is set to hear the oral arguments in the case of ZF Automotive US, Inc., et al. v. Luxshare, Ltd. on March 23, 2022. There is also another case, AlixPartners LLP v. The Fund...more

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