In a recent development concerning the Federal Independent Dispute Resolution (IDR) Process under the No Surprises Act, providers have finally obtained court ordered relief to the $350 administrative fee each party was required to pay. The order came after significant backlash over the perceived excessive fee structure, calling its affordability into question. Until new administrative…
In a recent ruling, the Hong Kong court has asserted that a tribunal did not have jurisdiction over a third party that had been joined as an additional party to an HKIAC arbitration. The case in question, R v A [2023] HKCFI 2034, ended with a decision that a summons issued by the third party…
Big Six South Korean firm, Yulchon, is turning heads in the legal industry with recent partner hires designed to bolster both their dispute resolution practice and antitrust practice. The company confirmed in an announcement with Law.com International, that they have drawn new hires from both the Korea Fair Trade Commission and international dispute resolution law…
In a recent ruling, the Delhi High Court has clarified third-party funders are not liable to pay adverse awards in arbitration claims, establishing a significant precedent for India’s arbitration landscape. The case in focus was Tomorrow Sales Agency Ltd v SBS Holdings Inc. This judgment could serve as a turning point, hinting at a broader…
An atypical arbitration case linked to a long-standing dispute over a 19th-century land deal has drawn the government of Malaysia and two top independent European firms into a contentious legal battle with one of the world’s largest litigation funders. The case at present is adding fuel to the ongoing discussions centered around the regulation of…
As observed over the years, the statistical trends in commercial arbitration practice, a primary method for settling private disputes, have consistently reflected significant geopolitical occurrences. The latest stats brought forth by the London Court of International Arbitration (LCIA) in its 2022 annual report uphold this phenomenon. Despite it seemingly being “business as usual” for the…
In a recent employee discrimination case, AutoNation’s protocol for utilizing electronic signatures on employment documents came under fire. The Fourteenth Court of Appeals determined that insufficient practices were in place, warranting an evidentiary hearing. The ruling demands a reassessment of how the company now needs to determine if their employee purposefully signed an arbitration agreement….
In a recent development, the Southern District of New York has emphasized the rigorous criteria for the removal of an arbitrator on the grounds of bias. This move serves to underscore the challenges faced by United States courts on disqualification applications or applications to vacate arbitration awards emanating from alleged bias of a panel member….
In a recent product liability dispute case, the New Jersey Appellate Division has ruled to enforce the “clickwrap” agreement, which required arbitration of the dispute. The case, known as Jeffrey Santana vs. SmileDirectClub, LLC, Docket A-2433-21, __ N.J. Super. __, was decided on April 3, 2023. As reported by JD Supra, the defendant in the…
Douglas Clark, the former head of global disputes practice at U.K. intellectual property firm Rouse, is slated to join Hong Kong’s independent law firm Tanner De Witt. Come September 1, he is set to commence his role as a partner, with plans to build its intellectual property practice whilst assisting in the expansion of its…
Legal tech and publishing veteran Steve Errick, previously the chief operating officer at Fastcase and head of the Legal Research Information Division at LexisNexis, has recently taken up a new role with the American Arbitration Association (AAA) as senior vice president and chief development officer. In his new role, Errick will guide various strategic initiatives,…
In a compelling development, the recently suspended partner of Axiom Ince has taken his appeal to the High Court against what his counsel referred to as a ‘draconian’ decision by the Solicitors Regulation Authority (SRA). The senior partner’s lawyer mentioned that his client was ‘very shocked and distressed’ by this unexpected intervention from SRA. Unfortunately,…
In an era characterized by rapid technological advancement and ever-evolving global regulatory landscapes, the legal sector finds itself at the crossroads. As corporations and law firms expand their activities across multiple jurisdictions, they face increasingly complex legal challenges, some of which have global implications. Take, for instance, the impact of the European Union’s General Data…
Mass arbitration is a rising trend that’s stirring unease among major corporations and law firms. It’s not difficult to see why. Hypothetically, picture reaching your workstation to discover up to 20,000+ individual arbitration demands. The charges appear to be carbon copies with negligible merits. But the catch? You will have to fork out nearly $60…
The question of whether arbitrations count as “litigation” for work product purposes under the Federal Rule of Civil Procedure 26(b)(3) has often been a subject of heated debate amongst legal practitioners. According to the rule, protection extends to documents prepared “in anticipation of litigation or for trial.” The critical terminology under scrutiny here is “anticipation…
For legal professionals across the globe, it’s imperative to stay updated with recent developments in legal news. One such noteworthy announcement is the suspension of the arbitration process for “Surprise Billing” put in place by the “No Surprises Act”. This marks the second time the Centers for Medicare & Medicaid Services (CMS) has opted to…
In a development that resonates through the legal community, plaintiffs who launch representative claims under the Private Attorneys General Act of 2004 (PAGA), still have standing in court even after their individual claims are directed towards arbitration. This follows one month after the U.S. Supreme Court opposed California’s prohibition on enforcing agreements that mandate the…
Mediation is an aim to provide an amicable resolution to disputes. When this doesn’t happen, however, what is the next step? Despair and confusion can be common emotions, considering professionals go into mediations with a firm belief of finding a settlement. The scenario is not too different than being a lifelong New York Jets and…
In an intriguing sequence of events, the Eighth Circuit reversed a lower court ruling this week. The initial ruling, issued by a Nebraska court, held that an attorney who represented a financial company in a dispute over an acquisition contract was not required to pay an arbitration award. The basis? The court apparently lacked jurisdiction…
In an important update for the legal professionals involved in arbitration, the 2023 Edition of The ITA Guide to Latin American Arbitral Institutions has been recently released. As published on JDSupra, this guide proves to be an instrumental resource for anyone doing business in Latin America. The 2023 ITA Guide is an expansive volume, casting…
In a noteworthy shift of legal attitudes, Singapore International Commercial Court (“SICC”) recently assessed the extent to which an arbitral tribunal can exclude evidence after a specific date. As the legal saying goes, arbitral tribunals have long been considered the masters of their own procedures. However, this latest judgement proposes some limitations. The case tackling…
In a pivotal move, the Texas Supreme Court recently ruled in favor of developers and builders looking to enforce arbitration agreements in construction cases. Two key victories gave tremendous impetus to the principle of ‘Arbitration for All’. Contrary to previous presumption, the court ruled that household members and subsequent purchasers bringing a construction defect claim…
In a recent ruling on August 3, the U.S. District Court for the Eastern District of Texas dealt a significant blow to the regulations governing the arbitration process established by the No Surprises Act (NSA). As prescribed by the NSA, these regulations were put in place to orchestrate payment disputes between out-of-network healthcare providers and…
The enduring rise of arbitration as a chosen route for dispute resolution has led to a surging requirement for arbitral awards to be acknowledged and executed in offshore jurisdictions. This developing trend is an observation underlined by some of the world’s strongest offshore jurisdictions— Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Ireland, and…
In a noteworthy ruling, the English Commercial Court has denied recognition and enforcement of a California-seated arbitration award, opining that the enforcement would violate UK public policy. The Court stated this would be in direct conflict with principles outlined in the Consumer Rights Act 2015 (CRA 2015) and the Financial Services and Markets Act 2000…