News & Analysis as of

UNCITRAL Arbitration

BCLP

HK Government Responds to 19 June Letter From Legco in-house Lawyer Regarding the Security of Payment Bill

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Our earlier Insight “LegCo in-house lawyers request clarifications regarding the Security of Payment Bill” reported that the Legal Service Division of the LegCo wrote a letter on 19 June 2024 to the HK Government seeking to...more

BCLP

The Hong Kong Court Dismisses Challenge to Remove Arbitrators on Ground of Apparent Bias

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In P v D [2024] HKCFI 1123 (judgment date: 30 April 2024), the Hong Kong Court of First Instance dismissed an application, pursuant to section 26 of the Arbitration Ordinance, by the challenging party (“P”) to remove two...more

Morgan Lewis

DIFC New Security Law: Creditors Beware

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The Law of Security 2024 (New Law) came into effect in the Dubai International Financial Centre (DIFC) on 8 March 2024 (Effective Date), replacing the previous Law of Security 2005 (Old Law). Modelled after the UNCITRAL Model...more

Walkers

Stay a while: the interplay between winding-up proceedings and the mandatory stay provisions under the BVI Arbitration Act

Walkers on

The recent decision of the BVI Commercial Court (the "Court") (the Hon. Justice Ingrid Mangatal (Ag.)) in Kenworth Industrial Limited v Xin Gang Power Investments Limited BVIHCOM 2023/0006 has provided clarity on the...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

JAMS

[PODCAST] Top Considerations for Selecting International Arbitration Seats and the Rise of the U.S. as an International ADR Hub

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JAMS neutrals discuss how to navigate international arbitration in the states In this podcast, JAMS neutrals Laura C. Abrahamson, Esq. FCIArb, Robert Davidson, Esq., FCIArb, and Shelby Grubbs, J.D., FCIArb, discuss...more

JAMS

Top Considerations for Selecting International Arbitration Seats and the Rise of the U.S. as an International ADR Hub [Podcast]

JAMS on

In this podcast, JAMS neutrals Laura C. Abrahamson, Esq. FCIArb, Robert Davidson, Esq., FCIArb, and Shelby Grubbs, J.D., FCIArb, discuss selecting a seat for international arbitration proceedings, the current regulatory...more

Walkers

Enforcement of arbitral awards: Bermuda, BVI, Cayman Islands, Guernsey, Irish and Jersey law

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As the use of arbitration as a means of dispute resolution has grown in popularity, there has been a marked increase in the need for arbitral awards to be recognised and enforced in offshore jurisdictions. The...more

Cooley LLP

The Main Institutions of International Arbitration

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International arbitrations may be conducted under the administration of an institution and pursuant to its institutional arbitration rules (institutional arbitration), or they may be subject to the arbitration rules that lack...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

Miles Mediation & Arbitration

Welcoming Reform: An Overview of Tennessee’s Revised Uniform Arbitration Act

Pet owners know from personal experiences that treats are indispensable while training fur babies. A teaspoon of peanut butter goes a long way while instructing them to sit or perform a heartwarming “high five.” Similarly,...more

A&O Shearman

New rules for arbitration under Luxembourg law: A modern and flexible framework for dispute resolution

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On 25 April 2023, the new Luxembourg framework for arbitration foreseen by the Law of 19 April 2023 modifying the New Civil Procedure Code and reforming the arbitration entered into force....more

White & Case LLP

High Court of South Africa affirms South Africa as a pro-arbitration jurisdiction

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On 13 March 2023, the Kwazulu-Natal Division of the High Court stayed an application for the return of goods and the re-payment of substantial sums pending finalisation of arbitration proceedings in London (Lukoil Marine...more

White & Case LLP

Luxembourg strengthens its position as an arbitration hub by adopting a new arbitration law

White & Case LLP on

On 23 March 2023, the Luxembourg Chamber of Deputies adopted a bill reforming its arbitration law. This long-awaited reform is the first significant modification of the Luxembourg provisions on arbitration since the...more

Hogan Lovells

A right to be heard – Hong Kong court says it need only be "reasonable"

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Parties to an arbitration only need to be given a "reasonable" opportunity to present their case and to address the cases of their opponents under the Hong Kong Arbitration Ordinance. So ruled the Honourable Justice Mimmie...more

Lathrop GPM

New Jersey Federal District Court Denies Franchisee’s Motion to Compel Arbitration and Grants Franchisor’s Motion to Dismiss

Lathrop GPM on

A federal court in New Jersey has denied a motion to compel arbitration in a dispute over alleged breach of a franchise agreement. Passion for Restaurants, Inc. v. Villa Pizza, LLC, 2022 WL 18024209 (D.N.J. Dec. 30, 2022)....more

Morrison & Foerster LLP

Singapore Court of Appeal Rules That the Law of the Arbitration Agreement Determines Arbitrability at the Pre-Award Stage

In Anupam Mittal v Westbridge Ventures II Investment Holdings, [2023] SGCA 1, the Singapore Court of Appeal (“SGCA”) held that the law governing the arbitration agreement governs arbitrability at the pre-award stage, and...more

Hogan Lovells

The final frontier - Hong Kong Court of Final Appeal grants leave to appeal in arbitration escalation clauses dispute

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The Hong Kong Court of Final Appeal has granted leave to appeal in the case of C v D [2022] HKCFA 25, against last year's finding by the Court of Appeal that the validity of "escalation clauses" – multi-tiered dispute...more

Vinson & Elkins LLP

The Law Commission's Proposed Revisions to the Arbitration Act 1996

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On 22 September 2022, the Law Commission of England and Wales (the “Commission”) published its Consultation Paper (the “Consultation Paper”) detailing a suite of proposed revisions to the Arbitration Act 1996 (the “Act”)....more

K&L Gates LLP

All Business is Global: The Benefits of International Arbitration

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Introduction - Whether you have a supplier or manufacturer in Asia or distributors in the European Union or South America, all successful product manufacturers do business globally....more

ArentFox Schiff

EU Parliament Voted To Regulate Third-Party Funding

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On September 13, 2022, the European Parliament approved a report by its committee on legal affairs that calls for the introduction of a new regulatory framework to prevent abuses that may be caused by third-party-funded...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

Hogan Lovells

“终局性还是公正性”——香港法院对仲裁裁决质疑的考量

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香港原讼法庭连续两次在裁决中驳回撤销仲裁裁决时限延迟申请,在其中一案中暗示,“为整体司法利益起见”,有必要制定法律在此方面给予法院更多自由裁量权。...more

Sheppard Mullin Richter & Hampton LLP

The Supreme Court Rules That § 1782 Does Not Apply to Private Arbitrations

On June 13, 2022, the Supreme Court issued its highly anticipated decision on the issue of whether 28 U.S.C. § 1782 permits district courts to order discovery for use in international commercial arbitration or ad hoc...more

BCLP

Hong Kong court rules that it has no power to extend the time to challenge an arbitral award under Article 34 of the UNCITRAL...

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In AW and others v PY and another [2022] HKCFI 1397 (judgment date: 13 May 2022), a Hong Kong court held that it has no power to extend the time to challenge an arbitral award under Article 34 of the Model Law, as adopted by...more

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