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Jurisdiction Tribunals

Latham & Watkins LLP

Chambers Global Practice Guides: International Arbitration 2024 - Hong Kong

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Arbitration is a popular mode of alternative dispute resolution in Hong Kong, used increasingly in cross-border commercial disputes and among international parties. In 2023, the Hong Kong International Arbitration Centre...more

BCLP

HK Court Dismissed Application to Set Aside Arbitration Award: Has Arbitration and Litigation Become “a Game of Buying Time and...

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In CNG v G & G (HCCT 29/2023) [2024] HKCFI 575 (date of reasons for decision: 27 February 2024), the Hong Kong Court of First Instance (“the Court”) dismissed an application to set aside an arbitration award, reiterating...more

Mayer Brown

Singapore Court of Appeal Considers Effect of New Arbitration Agreement on Pending Arbitration

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Last week, in CNA v. CNB and another [2024] SGCA(I) 2, the Singapore Court of Appeal published its grounds for dismissing an appeal against a decision of the Singapore International Commercial Court (SICC) which declined to...more

WilmerHale

Draft Bill for the Modernization of German Arbitration Law

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Germany is in the process of renewing its arbitration law, which in its current version dates from 1997. In April 2023, the German Federal Ministry of Justice (the “Ministry”) published a Key Issues Paper, identifying...more

Harris Beach PLLC

Second Circuit weighs in on discovery "for use" in foreign litigation

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Section 1782 of Title 28 of the United States Code permits a federal district court, “upon the application of any interested person,” to order a person within its jurisdiction “to produce a document or other thing for use in...more

Walkers

Courting Clarity: Grand Court confirms jurisdiction to determine winding up petitions notwithstanding requirement to refer...

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On 20 November 2023, the Grand Court of the Cayman Islands (the "Grand Court") issued its ruling on a preliminary issue in In the matter of Re BPGIC Holdings Limited; namely whether a winding up petition should be stayed or...more

WilmerHale

Chambers Global Practice Guides - International Arbitration 2023 - England & Wales

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In 2023, the international arbitration landscape is dominated by macroeconomic factors. The inflationary pressures combined with price volatility and the use of sanctions by governments following Russia’s invasion of Ukraine...more

Vinson & Elkins LLP

Arbitration Act Reforms and the Governing Law of Arbitration Agreements – A Welcome Clarification?

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On 6 September 2023, the Law Commission of England and Wales published its final report recommending some limited reforms to the Arbitration Act 1996 (“the Arbitration Act”).1 This final report follows a lengthy review...more

BCLP

Upper Tribunal Clarifies Limits on FCA’s Powers to Impose Single Firm Redress Schemes

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On 21 June 2023, the Upper Tribunal handed down its judgment in BlueCrest Capital Management (UK) LLP v The Financial Conduct Authority [2023] UKUT 00140 (TCC). The case considers both the Upper Tribunal’s jurisdiction to...more

Harris Beach PLLC

U.S. Supreme Court Scrutiny of Government Agency Tribunals

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A unanimous decision by the U.S. Supreme Court on April 14, 2023, is likely to have far-reaching implications for government agency tribunals. In consolidated cases involving constitutional challenges to two separate...more

Faegre Drinker Biddle & Reath LLP

Law Commission of England & Wales Publishes Second Consultation Paper on the Arbitration Act 1996

In autumn last year, the Law Commission of England and Wales published its review of the U.K. Arbitration Act 1996 (the First Paper). We outlined some of the Law Commission’s proposals in the First Paper in our update from...more

Conyers

The English Arbitration Act Consultation Paper: A BVI Lens

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On 22 September 2022, the Law Commission published a consultation paper (the “Consultation Paper”) on the English Arbitration Act 1996 (the “English Arbitration Act”) which included a number of significant provisional...more

King & Spalding

Arbitrating Premature Claims: An Issue of Admissibility

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The question of whether a party’s failure to comply with a mandatory step in a multi-tiered dispute resolution clause is an issue of “admissibility” or “jurisdiction” was a hot topic in the international arbitration sphere...more

King & Spalding

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

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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

Morrison & Foerster LLP - Federal Circuitry

How Well Do You Know the Federal Circuit’s Jurisdiction?

“The Federal Circuit – that’s the patent court, right?” That seems to be a common sentiment from non-Federal Circuit practitioners. And there’s certainly some truth to the sentiment. According to the Court’s own statistics,...more

Fox Rothschild LLP

Revised ICDR 2021 Rules Are Now In Effect

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Like some other international arbitration institutions, the International Centre for Dispute Resolution (“ICDR”) recently adopted amendments to its International Dispute Resolution Procedures (the “2021 ICDR Rules”). The...more

Mintz - Arbitration, Mediation, ADR...

28 U.S.C. §1782(a): Second Circuit Reinforces Appeals Court Split Concerning Applicability to Private Commercial Arbitrations

Just as the jurisprudential pendulum appeared to be swinging smoothly in one direction, the Second Circuit declined to get on board and instead pushed back to the future on July 8, 2020 in holding that federal courts may not...more

Hogan Lovells

Appeals and challenges under the Arbitration Act 1996: Not so appealing anymore?

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It is well-recognised that an advantage of London-seated arbitration is the limited grounds on which an arbitration award may be challenged or appealed in the English courts. ...more

Epiq

You Can’t Always Get What You Want

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Courts have consistently exercised discretion when allowing discovery in foreign proceedings under the 1782 discovery statute. A foreign tribunal or interested party in a foreign proceeding must petition the appropriate...more

Hogan Lovells

The DIFC Courts - a conduit jurisdiction no more

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As we predicted in our Annual Seminar on Recent Developments in the UAE Dispute Resolution Landscape, back in November 2016, the use of the DIFC Courts as a "conduit jurisdiction" has been called into question....more

Latham & Watkins LLP

International Arbitration Newsletter - October 2016

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London has long enjoyed a reputation as one of the most popular and trusted arbitral seats in the world. The use of arbitration in England is long-standing and a legislative framework recognizing and seeking to encourage the...more

Latham & Watkins LLP

Court Refuses to Grant Declaratory Relief in an Arbitration

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A recent Commercial Court case emphasises the limitations on court intervention in arbitration, and demonstrates that parties must think carefully about when and how to raise jurisdictional issues. In HC Trading Malta...more

Proskauer - Minding Your Business

SCOTUS Puts an End to Ecuador’s Appeal of $96 Million Arbitration Award in Favor of Chevron

A long-running dispute between Chevron and Ecuador appears to have reached its end after the Supreme Court declined to take up Ecuador’s question of whether United States courts had jurisdiction to confirm a $96 million...more

Carlton Fields

Federal Circuit Enforces Arbitration Award, Rejects Foreign Sovereign’s Immunity Challenge

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In 1973, Chevron and Ecuador signed an agreement allowing Chevron to develop oil fields in Ecuador. Years later, litigation ensued and eventually Chevron commenced an arbitration action before a tribunal in the Hague. Ecuador...more

K&L Gates LLP

Is VCAT a 'court' Under the Uniform Commercial Arbitration Act?

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Under s 8 of the Uniform Commercial Arbitration Act (CAA)1 a 'court' is required to stay proceedings before it if the parties have already agreed to have their dispute referred to arbitration. Recently, the Victorian Court of...more

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