The Supreme Court’s decision to grant certiorari in Wendy Smith et al. v. Keith Spizzirri et al. shines a spotlight on a pivotal issue within the realm of arbitration dispute resolution. This case underscores a significant...more
The choice of arbitration institution can arise at any point in an investment cycle: from finalising initial agreements at fund or portfolio company level, or on an ad hoc basis when a dispute arises....more
On May 17, 2022, the London Court of International Arbitration (LCIA) released its Annual Casework Report, which provides an insight into the LCIA’s caseload in 2021. This follows statistics released by the International...more
The Swiss Rules of International Arbitration (hereinafter “Swiss Rules”) apply to all relevant proceedings in which the Notice of Arbitration was filed after 1 June 2021. They replace the 2012 version of the Swiss Rules and...more
Perhaps now more than ever, recent technological developments have facilitated cross-border contracting, especially for companies undertaking complex infrastructure construction projects or entering into energy-related...more
The Swiss Arbitration Centre (formerly known as the Swiss Chambers’ Arbitration Institution (SCAI)) has released revised arbitration rules, which are effective as of 1 June 2021 and apply to arbitration proceedings commenced...more
Although parties rarely consider dispute resolution provisions in any great detail at the contractual negotiation stage of a transaction, they should. Time spent on considering these issues at the outset will ultimately prove...more
Welcome to Morrison & Foerster’s quarterly newsletter on dispute resolution. In this newsletter, we address recent developments in arbitrations, investigations, and commercial and intellectual property litigation that may...more
The International Chamber of Commerce (the ICC) has hit the ground running in the new year with its 2021 Arbitration Rules (the 2021 Rules), which came into force on and apply to cases filed from 1 January 2021. The 2021...more
The United Kingdom (UK) Supreme Court has handed down its much-anticipated judgment in Halliburton Company v. Chubb Bermuda Insurance Ltd [2020] UKSC 48 in respect of Haliburton's application to remove an arbitrator for...more
In Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, the UK Supreme Court dismissed Halliburton’s appeal concerning its application to remove an arbitrator for apparent bias on the facts. However, it also...more
In Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, the Supreme Court recognised for the first time that there is an ongoing, statutory duty in English law, which requires arbitrators to disclose facts or...more
The leading international arbitration institutions, including the London Court of International Arbitration (“LCIA”) and the International Court of Arbitration (“ICC”), are revising their arbitration rules to improve...more
On 27 November 2020, the U.K. Supreme Court in Halliburton Company v Chubb Bermuda Insurance Ltd (formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 ruled on the approach under English law to determining whether an...more
Welcome to the inaugural edition of Morrison & Foerster’s quarterly newsletter on recent developments in arbitrations, investigations, and commercial and intellectual property litigation that may affect Japanese companies. ...more
Despite one of the perceived advantages of arbitration being the absence of overly detailed rules and strictures, there is an increasing trend amongst the more well-known arbitration institutions to keep tweaking their rules...more
COVID-19 has caused widespread disruption in the global economy and has created new obstacles in the usual course of dispute resolution. While most arbitration institutions continue to facilitate and adjudicate cases, they...more
The English Supreme Court (Lord Reed, Lord Hodge, Lady Black, Lord Lloyd-Jones, and Lady Arden) has finished hearing two days of submissions in the Halliburton Company v Chubb Bermuda Insurance Limited appeal. The core...more
Over the past decade, the growing number of mergers and acquisitions of engineering and construction (E&C) firms has consolidated the construction industry, creating an increasingly global market with more multinational...more
New “Expedited Procedure” aims to fast-track lower value disputes. On 4 November 2016, the International Chamber of Commerce (ICC) released amendments to its Arbitration Rules (the 2016 Rules), which will come into...more
A recent Supreme Court decision raises issues over the extent of court intervention in the arbitration process and reminds us of the importance of carefully selecting institutional rules so as to avoid (if necessary) the...more
UNCITRAL’s Rules on Transparency in Treaty-based Investor-State Arbitration (the Transparency Rules) present challenges to manage the costs of compliance while avoiding the consequences of non-compliance. Transparency in...more
LCIA’s analysis includes a comparison of its arbitration costs against corresponding amounts for ICC, SIAC, and HKIAC proceedings. On 3 November, the London Court of International Arbitration (LCIA) published a...more
Please join BakerHostetler’s International Disputes practice team on Thursday, October 29, 2015, from 7:30 - 9:00 a.m. CDT (WEBINAR will start at 8:00 a.m. CDT), for the first program in a series of in-depth presentations and...more
It has long been the accepted norm in international arbitration that an arbitral tribunal has the jurisdiction to order interim measures relating to the subject matter of the dispute. It also has been long accepted that a...more