In September 2023, Chief Justice Morawetz of the Superior Court of Justice and Attorney General Doug Downey announced an initiative to undertake a comprehensive review of the Ontario Rules of Civil Procedure, with a view to...more
New Jersey law recognizes that the voluntary arbitration of civil disputes is generally favored, subject to certain exceptions. One exception occurs when a party to a contract containing an arbitration waives its right to...more
No company would relish the prospect of defending against a class action lawsuit and thousands of related individual arbitrations at the same time. But following a recent federal court ruling, Google (and its parent company,...more
2024 was an active year in the class action arena. In this post, our Litigation group in Toronto discusses noteworthy developments over the past twelve months. While our focus is on cases and other developments affecting...more
The rules will come into effect on 1 January 2025, aiming to enhance the overall efficiency and integrity of SIAC’s arbitration proceedings. On 9 December 2024, the Singapore International Arbitration Centre (SIAC)...more
Facing a federal lawsuit, companies with agreements that mandate arbitration of disputes must decide how to efficiently obtain an order from a federal judge compelling arbitration....more
The UK Supreme Court decision in UniCredit Bank v RusChemAlliance has confirmed that the English court has jurisdiction to grant an anti-suit injunction (ASI) to restrain foreign court proceedings brought in breach of a Paris...more
The Civil Procedure Rules (“CPR”) have been amended to reflect the Court of Appeal decision in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ. 141. The courts in England and Wales can now order parties to...more
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
Recently, the Florida Supreme Court amended the Florida Rules of Civil Procedure, and two notable changes took effect on July 1. First, the Florida Supreme Court is amending Rule 1.110 to require any party who sets forth any...more
When there are two conflicting contracts—one requiring a court to address whether a case should be decided by arbitration or court action, and another requiring an arbitrator to address that issue—who decides which contract...more
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
Foreign states are no longer immune from suit or execution in the PRC (including Hong Kong and Macau) in respect of their commercial activities. The Standing Committee of the National People’s Congress (NPCSC) has passed...more
On September 1, 2023, the Standing Committee of the National People’s Congress (NPCSC) of the PRC adopted the amendments to the Civil Procedure Law of the People’s Republic of China (the Amended CPL). The amendments...more
We have previously reported on changes the Law Commission was considering to the Arbitration Act 1996 (the Act). The Law Commission has now published its final report (the Final Report, available here). The report draws...more
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
The updated Civil Procedure Rules (the “Revised CPR”) come into force on 31 July 2023, and with them a substantially increased focus on settlement and Alternative Dispute Resolution (“ADR”). In this article, Senior Associate...more
Contracts in the construction industry often include multi-tiered dispute resolution clauses. These are clauses which set out in an escalating sequence the stages of dispute avoidance and/or alternative dispute resolution...more
The courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to English civil litigation, which govern every aspect of cases from...more
Since its enactment in 2020, employers have been forced to be mindful of the burdensome imposition of Code of Civil Procedure section 1281.97 et seq., which requires an employer to pay the full amount of arbitration fees...more
United Arab Emirates has made its mark as the go-to jurisdiction for commercial trade for countries all across the globe. While there is no doubt that UAE is the preferred destination for setting up new businesses, opening up...more
A recent decision of the United States Supreme Court addressed a circuit split regarding the propriety of arbitration-specific procedural rules. In support of adopting such rules, nine of the eleven federal circuits...more
K v T ([2022] HKCFI 1194, HCCT 53/2021, 26 April 2022) was a court application made by the Respondent in the arbitration for an extension of time to set aside an arbitral award. Brief facts - The sum in dispute was...more
Alternative Dispute Resolution Mechanism - The Enabling Act provides for the reorganization (via a consolidated act) and the promotion of out-of-court means to resolve disputes, i.e., mediation and the so-called...more
The Federal Circuit recently held that an arbitrator, not a federal district court, should decide whether a dispute arising from a technology license is subject to mandatory arbitration. See ROHM Semiconductor USA, LLC v....more