A primer on pathological arbitration clauses in Swiss law
By Matthias Scherer and Sam Moss In a recent decision issued on 7 November 2011 on a request for annulment of a partial award on jurisdiction rendered by the Court of Arbitration for Sport (“TAS”), the...
View ArticleScope of arbitration clauses and carve-out clauses: erring on the side of...
In a judgment dated 25 April 2012 (Lombard North Central plc and another v GATX Corporation [2012] EWHC 1067 (Comm)), Judge Andrew Smith of the English High Court (Commercial Court) underlined the...
View ArticleAnti-arbitration: problems and complaints answered here
Here are some recent issues colleagues or acquaintences tell me they are facing with international arbitration, without (or with slightly altered) information that might identify a particular...
View ArticleEnforceability of Multi-tiered Dispute Resolution Mechanisms – the Singapore...
In International Research Corp PLC v Lufthansa Systems Asia Pacific Pte Ltd [2012] SGHC 226 (per Chan Seng Onn J) (“International Research”), the Singapore High Court addressed the issue of whether an...
View ArticleWhat Does the Fortune 1,000 Survey on Mediation, Arbitration and Conflict...
A new study of dispute resolution practices in Fortune 1,000 corporations shows that many large companies are using binding arbitration less often and relying more on mediated negotiation and other...
View ArticleThe French Rothschild Case: A Threat for Unilateral Dispute Resolution Clauses?
By Maxi Scherer and Sophia Lange1 On 26 September 2012, the French Cour de Cassation handed down a judgment in the Rothschild case which invalidated a unilateral jurisdictional clause under Council...
View ArticleNew Strides in Confidentiality During Enforcement Proceedings
One of the defining and distinguishing features of arbitration is the privacy that it affords parties. However, as all practitioners recognize, arbitration is rarely conducted in full secrecy and...
View ArticleDIFC Courts Practice Direction No. 2 of 2015: Adopted at Last!
The DIFC Courts Practice Direction No. 2 of 2015 on the Referral of Judgment Payment Disputes to Arbitration (available online on the official website of the DIFC Courts at...
View ArticleFrench Court of Cassation Confirms Invalidity of Unilateral (Asymmetrical)...
On 25 March 2015 the Court of Cassation of France handed down a new decision dealing with the so called “unilateral”, “optional”, “hybrid”, and “asymmetrical” jurisdiction clauses giving choice to one...
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What are the Limits of the Fiona Trust Doctrine? A Review of Recent Cases on...
It is critical to invest time to ensure that there are no inconsistencies between multiple dispute resolution/jurisdiction clauses within a particular contractual relationship (whether within a single...
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The Immunity of the PRC Government in Hong Kong: Obtain Waivers or Waive Goodbye
Everyone is looking at China at the moment, and rightly so. It’s a very exciting place to be. Many MNCs are already here and many others are determined to get a piece of the action. But where there’s...
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Anti-Arbitration: An International Pledge to Arbitrate Commercial Disputes?
The Arab Spring transforming the societies of the Middle East has raised more than a few questions among us in-house folk about what this will mean for dispute resolution in the region. Will civil...
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Jivraj v. Hashwani – Are Arbitrators Employees?
One of the key issues that now awaits the decision of the U.K. Supreme Court in Jivraj v. Hashwani is whether there is a contract between the parties and the arbitrators, such that the arbitrators may...
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Arbitration in Hong Kong: Immune from immunity?
In a landmark provisional judgment in Democratic Republic of the Congo v. FG Hemisphere Associates FACV Nos. 5, 6 & 7 of 2010, the Hong Kong Court of Final Appeal (CFA) has held by a majority of...
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Who wears the crown? Immunity and the identification of the sovereign in Hong...
Almost every country of the world has seen an enormous increase in the involvement of the State in economic activity over the past century. This trend is particularly pronounced in those economies,...
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Jivraj v Hashwani: A Pro-Choice, Corrective Ruling from the Supreme Court
In this post, we will first deal briefly with the facts in the case of Jivraj v Hashwani and the findings of the first instance judge and the Court of Appeal, which by now would be very familiar to...
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Anti-Arbitration: 10 Things To Do Before The Arbitration Gets Underway
Even when I think I know what I’m doing (be it self-confidence or self-deception), I still find checklists can be useful. Sometimes they can help validate or compare processes with others, but mostly...
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SIAC Manila Conference 2023: Deep Dive into Arbitration Trends in the...
The Singapore International Arbitration Centre (SIAC) returned to Manila in full force in 2023. While the last SIAC Manila Conference 2019 was an intimate gathering of only 80 participants, this year’s...
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