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Wednesday, May 22, 2019 8:00 PM

Court of Appeal determines that negative declaratory arbitration awards are enforceable

A recent Court of Appeal case addressed whether a negative declaratory arbitration award is enforceable. The decision emphasises the narrow grounds

Wednesday, May 22, 2019 8:00 PM

Arbitral award set aside for violation of due process

In a recent decision, the Supreme Court confirmed that Section 34(7) of the Arbitration Act - under which an arbitral award must be set aside if an

Wednesday, May 22, 2019 8:00 PM

Dispute resolution for multi-contract projects: avoiding parallel proceedings and conflicting decisions

Construction contracts are often part of a wider suite of project contracts, involving multiple, overlapping parties. This intertwined suite of

Wednesday, May 22, 2019 8:00 PM

State court not obliged to review arbitral case file

In post-arbitral proceedings, parties challenging an unfavourable award or its enforcement often argue that they were deprived of the right to present

Tuesday, May 21, 2019 8:00 PM

UAE Law: Choice of governing law and jurisdiction

This is especially obvious with regards to worldwide business transactions. Contracts are closed between two parties sitting in two different parts of

Tuesday, May 21, 2019 8:00 PM

Challenging the jurisdiction of an adjudicator - update

The case of Hitachi Zosen Inova AG v John Sisk & Son Ltd, has provided clarification when challenging the jurisdiction of an adjudicator, where it is

Tuesday, May 21, 2019 8:00 PM

Risk of dissipation - upheld as a principle for granting a stay of execution

The recent Court of Appeal decision in Gosvenor London Ltd v Aygun Aluminium UK Ltd 2018 EWCA Civ 2695 has upheld the first instance decision which

Tuesday, May 21, 2019 8:00 PM

Enforcing South African judgments in two key jurisdictions: England and the US

Favourable judgment in hand, South African litigants would be forgiven for thinking their victory is all but won. Those looking to execute rulings

Tuesday, May 21, 2019 8:00 PM

Further encouragement from the English courts to pursue international disputes there

The recent decision of the English Supreme Court in Vedanta Resources PLC v Lungowe and others provides a further example of the willingness of the

Monday, May 20, 2019 8:00 PM

Jurisdictional challenges to arbitral awards: raise them before they're gone

The Ontario Superior Court of Justice recently provided a comprehensive judicial review of a jurisdictional challenge to an arbitral award. This

Monday, May 20, 2019 8:00 PM

Moot - an interpretation and application of the principle in the context of an application for judicial review

This case considers when an application for judicial review will be moot and, if so, when the court will nonetheless exercise its residual discretion

Monday, May 20, 2019 8:00 PM

New decision may deprive commissioner discretion to refuse legal representation in CCMA and bargaining council arbitration proceedings

A recent landmark decision of the of the South African Metal and Engineering Industries Bargaining Council could see Commission for

Monday, May 20, 2019 8:00 PM

MeToo: Rapid Legal Developments But Considerable Uncertainty Remains

The MeToo movement sparked a legislative response that continues to spread across the country. In the absence of significant federal legislation

Sunday, May 19, 2019 8:00 PM

Supreme Court: Like School on Saturday, an Ambiguous Arbitration Agreement Has No Class (Arbitration)

In Lamps Plus, Inc. v. Varela, No. 17-988 (Apr. 24, 2019), the Supreme Court held that because of the “fundamental” differences between individual

Sunday, May 19, 2019 8:00 PM

Michael Best Wins Dispute for Bitcoin Mogul Jered Kenna

Michael Best secured an arbitration win for a dispute over a cryptocurrency trade on behalf of its client Jered Kenna, a startup and digital

Sunday, May 19, 2019 8:00 PM

Court Rules: Continued Employment Supports Consent To Arbitrate

On April 10, 2019, the California Court of Appeals, Second District, in Diaz v. Sohnen Enterprises, 2019 S.O.S. 1722, ruled that an employee

Sunday, May 19, 2019 8:00 PM

Arbitration Clause in Beer Distribution Agreement Enforced by the Virginia ABC

On May 7, 2019, the Virginia Department of Alcoholic Beverage Control (VABC) published a decision confirming the enforceability of arbitration clauses

Friday, May 17, 2019 8:00 PM

“Despite Notice-Prejudice Rule Win, Insureds Should Stay Wary,” Insurance Law Update

In pursuing coverage under a variety of types of insurance policies, policyholders may confront an issue of proper notice of claim. Specifically, as a

Thursday, May 16, 2019 8:00 PM

The impact of burden of proof findings on future adjudications

The Court of Appeal has last week granted permission for the appeal of a TCC decision in relation to burden of proof findings made by an adjudicator

Thursday, May 16, 2019 8:00 PM

Serial Disputes: the same or substantially the same?

In the case of Hitachi Zosen Inova AG v John Sisk & Son Ltd 2019 the Technology & Construction Court held that, even though an earlier adjudication

Thursday, May 16, 2019 8:00 PM

Listed companies’ increase of capital without pre-emptive rights now requires independent (and unaffiliated) shareholders’ approval

OJK recently passed a new regulation on increasing the capital of public companies through pre-emptive rights. This regulation consolidates two

Thursday, May 16, 2019 8:00 PM

Airbus SAS v Generali Italia: Declarations and Jurisdiction Clauses

Court of Appeal holds that third party is entitled to a declaration where insurers bring a claim abroad in breach of an English jurisdiction clause

Thursday, May 16, 2019 8:00 PM

New York Announces Statewide “Presumptive” Alternative Dispute Resolution Program

On May 14, 2019, the New York State Unified Court System announced that it will begin rollout and implementation of a “presumptive” alternative

Thursday, May 16, 2019 8:00 PM

Have Employers Taken Home the Iron Throne with Lamps Plus?

On April 24, 2019, the U.S. Supreme Court issued its 5-4 opinion in Lamps Plus, Inc., et al. v. Varela holding that class arbitration is only allowed

Wednesday, May 15, 2019 8:00 PM

Class Action Waivers in Employment Agreements Continue to be a Targeted

Democratic leaders are at it again, pushing a bill that would topple the United States Supreme Court 2018 decision in Epic Systems v. Lewis. In effect

Wednesday, May 15, 2019 8:00 PM

Turkey - Disputes in the telecom sector

As a result of the technological boom in the last three decades, the perception and definition of telecommunications have changed, and the telecom

Wednesday, May 15, 2019 8:00 PM

Calif. Privacy Law Will Likely Prompt Flood Of Class Actions

The California Consumer Privacy Act, known as the CCPA, is a new law set to go into effect on Jan. 1, 2020. The CCPA is the first U.S. law that will

Wednesday, May 15, 2019 8:00 PM

French court rules that mandatory expert determination provisions do not render arbitration clauses inapplicable

The Arbitral Tribunal's power to determine its jurisdiction (known as 'compétence-compétence') is a fundamental principle of French arbitration law

Wednesday, May 15, 2019 8:00 PM

Busy lenders' round-up - May 2019

It now appears unlikely the FCA will call for the introduction of a statutory 'duty of care' to be placed on financial services firms to act in their

Wednesday, May 15, 2019 8:00 PM

Establishing Jurisdiction Over Federal Court Motions to Confirm, Vacate or Modify Domestic Arbitral Awards

As discussed in earlier posts, the Federal Arbitration Act (“FAA”), 9 U.S.C. 1, et seq., does not provide an independent basis for federal subject

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