Life sciences globalization fuels new developments in international arbitration
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
As the popularity and pace of international arbitration has continued to grow, parties engaged in such arbitration outside the United States have increasingly relied on 28 U.S.C. § 1782 (Section 1782) to obtain discovery in...more
Peter Morton and Tim Fox of K&L Gates discuss the practical implications of recent English case law on the question of which law will govern agreements to arbitrate, including for those drafting an arbitration clause in a...more
Whilst the Arbitration Act 1996 (the Act) may be 25 years old this year, the key aims behind the Act, including that of upholding the finality of the award, continue to be reinforced by the courts. Last week the Courts and...more
Under 28 U.S.C. § 1782, a District Court may compel a resident individual or company to provide discovery for use “in a proceeding in a foreign or international tribunal.” There is presently a circuit court split over what...more
The United States District Court for the District of South Carolina recently ruled in Sunland Logistics Solutions Inc. v. Zhejiang Wanfeng Auto Wheel Co., Ltd. that an arbitration clause naming a non-existent arbitral forum...more
2021 marked a new chapter for arbitration in Ecuador: after re-joining the International Centre for Settlement of Investment Disputes Convention in June, Ecuadorian Executive Decree No. 165 in August introduced Regulations to...more
On December 10, 2021, the U.S. Supreme Court granted certiorari in two cases to determine whether district courts can compel discovery proceedings in private foreign arbitrations. The two consolidated cases are ZF Automotive...more
On 2 April 2021, Ethiopia enacted a new arbitration law, known as the Arbitration and Conciliation Working Procedure, Proclamation Number 1237/2021 (the "Proclamation"), to apply to commercial domestic arbitrations and...more
In review of the 2020 statistics from various arbitral institutions, the clear message is that international businesses have had a taste of virtual arbitrations and they like it. Record-breaking caseloads (and amounts in...more