In 2023, the international arbitration landscape seems to have undergone a significant shift influenced primarily by macroeconomic elements. Chief among these factors is the influx of inflationary stresses combined with unstable prices, an upshot due in part to the government-imposed sanctions following Russia’s invasion of Ukraine. The knock-on effect of these dynamics has levied substantial…
In a move that speaks to the spirit of “Quality Over Quantity,” the Law Commission has proposed pivotal amendments to the English Arbitration Act. According to the Law Commission’s Final Report on the Arbitration Act 1996, the proposed changes, while modest in number, are significant and targeting at enhancing the efficiency, cost-effectiveness and reliability of…
In the upcoming year 2023, the international arbitration landscape predicts to be largely influenced by macroeconomic factors. The present inflationary pressures, complemented by price volatility, along with the employment of sanctions by governments worldwide due to Russia’s invasion of Ukraine, have imposed significant challenges for businesses globally. These circumstances are resulting in an increase of…
In a recent decision, the United Kingdom Supreme Court illustrated a crucial clarification concerning the power of English courts under Section 9 of the Arbitration Act 1996. According to the said act, judicial proceedings can be stayed if they subject to an arbitration agreement. This article from Shearman & Sterling LLP elucidates the specifics of…
In a recent ruling in California, corporations who fail to pay their arbitration fees in a timely manner may end up forfeiting their right to arbitration altogether. The regulations surrounding arbitration agreements and their ensuing processes were navigated thoroughly in an article posted on JD Supra. The piece, which dives into the nuances of arbitration…
A former recruiter for Major, Lindsey & Africa (MLA), Sharon Mahn, who was previously dismissed in 2009 on allegations of stealing trade secrets, intends to bring charges of sexual harassment, assault, and abuse of process against her ex-employer in court. This information comes to light from recent bankruptcy filings tied to Mahn’s financial estate. A…
In a recent legal update, a federal judge in New Jersey upheld an arbitration award favoring an insurer from the independent dispute resolution (IDR) process established under the No Surprises Act. JD Supra reports this instance as among the initial times that an IDR award has been confirmed by the courts. Notably, it also confirms…
In a notable case that could have far-reaching implications, the First District Appellate Court of Illinois ruled that a man who was permanently injured while attending a party at an Airbnb property is not obligated to an arbitration agreement stipulated by Airbnb. The court held that the arbitration agreement doesn’t apply because the man didn’t…
Commercial leases are a critical facet of business operations, however, breaches of lease agreements can leave parties drowning in lengthy and costly court proceedings. The need for an efficient and less cumbersome solution has led to the adoption of self-help remedies in commercial leases, an instrument of dispute resolution typically addressed within lease agreement clauses….
In the case of Waetzig v. Halliburton Energy Services, adjudicated at the Tenth Circuit Court, the circuit court overturned a district court’s order to reopen a case, which had been dismissed voluntarily without prejudice. This dismissal had initially been implemented under the Federal Rules of Civil Procedure Rule 41(a). A divided panel determined that a…
African arbitration is an expanding field, yet a significant number of disputes continue to be sent overseas for resolution. There are various contributing factors to this trend, prominently including an over-abundance of local choice and widespread dissatisfaction with the Common Court of Justice and Arbitration (CCJA) located in Côte d’Ivoire. The wealth of potential arbitral…
In recent high profile transfers, leading law firms Addleshaw Goddard and Morgan Lewis have bolstered their respective dispute resolution teams in Dubai. Addleshaw Goddard has secured a construction expert from Clifford Chance, while an arbitration specialist has moved to Morgan Lewis from Al Tamimi. The team at Addleshaw Goddard will benefit from the expertise of…
Legal powerhouse Quinn Emanuel Urquhart & Sullivan LLP has recently revealed plans to establish a physical presence in the Middle East. The firm is set to open offices in both Dubai and Abu Dhabi, strengthening its footprint in this strategic geopolitical region. In a bid to bolster its team in the region, Quinn Emanuel Urquhart…
The U.S. Securities and Exchange Commission (SEC) has recently issued a report on investment advisor arbitration, igniting a conversation about potential changes in the world of arbitration involving investor claims. The overarching implication is: a paradigm shift might be on the horizon. According to the original publication in American Bar Association, the claim process varies…
Mass-arbitration fees have drawn significant attention again following a recent ruling by the U.S. District Court for the Northern District of Illinois. Standing as the latest in a series of courts requiring a company to cover extensive legal fees to adjudicate mass arbitrations, this verdict undoubtedly signals a growing trend within the U.S. legal system….
In a crucial legal development, American Rehab Kare, LLC a/a/o Tracy Alexandre has been dealt a setback in their lawsuit against Plymouth Rock Assurance Preferred Corp., as reported by JD Supra. Plymouth Rock filed a motion in response to the plaintiff’s compensation claim, asking the court to dismiss the suit and compel arbitration, a move…
In an unusual turn of events, a single typographical error in an email address led to the Hong Kong High Court refusing leave to enforce an arbitral award. This judicial decision was based on the assertion that the respondent had not been validly served with the Notice of Arbitration due to this email discrepancy. This…
On 6 September 2023, the Law Commission unveiled the highly anticipated final report of its review of the UK Arbitration Act 1996 (the “Act”) and a corresponding draft bill that enumerates the proposed amendments to the Act. This comprehensive analysis and review, the first in 27 years, revealed that the Act remains a robust piece…
In a recent ruling that has sent ripples through the education and legal sectors, a teacher from the Milton Area School District was discharged over a series of social media posts deemed inappropriate. Outlined and analyzed in a legal news update provided by Tucker Arensberg, P.C., this case, In the Matter of Arbitration Between Milton…
In a recent development, the Federal Arbitration Act’s (FAA) “Transportation Worker” exemption has not been deemed applicable to contracts between businesses. According to a report published on JD Supra, this results from a dispute that occurred between Amazon and one of its “delivery service partners.” Amazon, post this dispute, sought to compel arbitration following an…
In a prominent decision, the High Court of South Africa has ruled definitively against a public policy challenge to acknowledging a foreign arbitral award. The event took place on August 24, 2023, and saw the Gauteng Division of the High Court dismiss an appeal application, firmly upholding the recognition and enforcement of a foreign arbitral…
The legal practice, King & Spalding, recently provided a reflection on the first Stockholm Chamber of Commerce (SCC) Express Dispute Assessment. Sweden, renowned for its visionary contributions in various sectors, is making significantly innovative strides in international arbitration. The SCC Arbitration Institute holds a notably high position in this field and continues to spearhead technological…
Noted international law firm, Shearman & Sterling LLP, recently discussed the Law Commission of England & Wales’ final report, published on September 6, 2023, concerning reform propositions to the English Arbitration Act 1996. The report suggests modifications in six crucial areas, in addition to several minor amendments. More importantly, the report introduces a draft bill,…
A key upcoming event garnering attention within the legal field is the webinar titled “Managing Discovery in Arbitration,” slated for October 5th, from 2:30 pm to 3:30 pm PDT. This one-hour webinar hosted by Sky Discovery, in partnership with the Association of Certified E-Discovery Specialists (ACEDS) UK Chapter and ACEDS ANZ Chapter, promises an insight-packed…
In a latest move bolstering the international arbitration practice, Shin & Kim has procured the expert services of Young Suk Park, a former lead at KL Partners. This transition comes as the second significant departure from KL Partners in recent weeks. Young Suk Park’s immense experience and established reputation in international arbitration are expected to…