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Mirèze Philippe

Arbitration Conversation No. 36: Mirèze Philippe Special Counsel ICC International Court of Arbitration

(12/04/20)Mirèze Philippe, Amy Schmitz

In this episode of the Arbitration Conversation Amy interviews Mirèze Philippe, Special Counsel at the International Court of Arbitration, International Chamber of Commerce, on gender diversity in arbitration.

George Friedman

NY Trial Court Objecting to FINRA Jurisdiction but Participating in Arbitration Not Enough to Vacate Award

(12/04/20)George Friedman

A financial adviser who noted his continued objections to FINRA Dispute Resolution Services jurisdiction but otherwise participated in the arbitration cannot later challenge the Award under New York’s arbitration statute.

Daniel Urbas

Canada - Parties can Agree to be Bound by Coin Flips, Ouija Boards and Bespoke Judicial Resolution Processes

(12/03/20)Daniel Urbas

In Keeder v. Al Gendy, Justice Jolaine Antonio denied leave to appeal consent orders issued from a binding judicial dispute resolution process by which the parties had agreed to either resolve the issue themselves or be bound by the determination of the judge presiding the process.

Anna Masser

The ICC’s 2021 Arbitration Rules Bring New Focus on Efficiencies and Streamlined Processes

(12/02/20)Anna Masser, Marieke van Hooijdonk

The International Chamber of Commerce (the ICC) has published its revised 2021 Arbitration Rules. The 2021 Rules, which will apply to all arbitrations registered after 1 January 2021, make several important changes and incremental improvements to the current Rules, which have been in force since March 2017.

Julie Hopkins

Virtual Practice Makes Virtually Perfect – Practical Considerations for Virtual Hearings Identified through Simulations with Experienced Counsel and Arbitrators

(12/01/20)Julie Hopkins, Daniel Urbas

The authors undertook a series of simulated virtual evidentiary hearings to gain hands-on experience from them and concluded that video conferencing for arbitration hearings will be inevitable going forward, at least until the COVID-19 restrictions are eased and likely beyond.

Joshua Karton

Arbitration Conversation No. 35: Prof. Joshua Karton, Queens University Law School

(11/30/20)Joshua Karton, Amy Schmitz

In this episode of the Arbitration Conversation Amy interviews Prof. Joshua Karton, Associate Professor / Associate Dean of Graduate Studies & Research at Queens University Law School.

Mark Kantor

What the U.S. Election will Mean for Arbitration in the U.S.

(11/30/20)Mark Kantor

This article discusses the potential impact of the U.S. Presidential Election of 2020 on the arbitration landscape in the country.

Daniel Urbas

Canada - Court Declines to Intervene Regarding Counsel’s Alleged Conflict of Interest in Investor-State Arbitration

(11/29/20)Daniel Urbas

In Geophysical Service Incorporated v. Canada, Justice Martine St-Louis declined to intervene in a decision by Canada’s legal representative refusing to remove a member from the legal team representing Canada in an Investor-State arbitration.

George Friedman

FINRA DRS Posts Stats Thru October: Some Reversions to Mean and Some Theories Validated

(11/25/20)George Friedman

FINRA Dispute Resolution Services (“DRS”) posted case statistics through October, with most numbers returning to near-normal during this abnormal year. And DRS Chief Berry has validated some of our theories on the trends.

Benjamin Stearns

Determination of Valid Arbitration Agreement May Be Dependent on “Outward Manifestations and Circumstances Surrounding the Transaction”

(11/25/20)Benjamin Stearns

In the recent case of Reichert v. Rapid Investments, Inc., the Ninth Circuit vacated the denial of a motion to compel arbitration and remanded for the determination of whether a valid arbitration agreement exists.

Beth Graham

Artificial Intelligence and Arbitration: The Computer as an Arbitrator — Are We There Yet?

(11/25/20)Beth Graham

This article discusses the potential application of Artificial Intelligence (A.I.) to the field of arbitration and the numerous pros and cons that come along with this proposition.

Michael Fields

Ethical Standards for Neutral and Party-Appointed Arbitrators

(11/25/20)Michael Fields

This article discusses the different ethical standards applicable to cases of personal injury arbitrations which are conducted before a single neutral arbitrator, and pre-dispute arbitration agreements which require a panel of three neutral arbitrators.

Indraneel Gunjal

An Unusual Happening: A California Appellate Court Overrules an Arbitrator’s Decision

(11/24/20)Indraneel Gunjal

Recently, the California Court of Appeal in Richard Hale Brown v. TGS Management Company LLC has taken the unparalleled step of applying the California Business & Professions Code to dismiss an arbitration award that found a former employee to have violated the confidential information provisions of his Non-Disclosure Agreement.

Amy Schmitz

Arbitrating Tesla

(11/24/20)Amy Schmitz

The Ninth Circuit Court of Appeals has dashed a Tesla owner’s plea to avoid arbitration regarding a battery dispute.

Brian Farkas

Arbitration Conversation No. 34: Prof. Brian Farkas, Cardozo School of Law

(11/23/20)Brian Farkas, Amy Schmitz

In this episode of the Arbitration Conversation Amy interviews Prof. Brian Farkas of Cardozo School of Law and attorney at Arent Fox LLP focusing on complex commercial litigation.

Beth Graham

Fifth Circuit Holds Federal Whistleblower Statute Does Not Exempt Former Employee’s Claims from Arbitration

(11/23/20)Beth Graham

Last month, the United States Court of Appeals for the Fifth Circuit, in Robertson v. Intratek Computer, Inc., held that a federal whistleblower statute did not render an arbitration agreement between a man and his former employer unenforceable.

Daniel Urbas

Canada – Evidentiary Rules for Adducing Videos/Video Stills Applicable also in Arbitration

(11/20/20)Daniel Urbas

In R. v. Brar, Alberta’s Court of Appeal analysed the Canada Evidence Act's application to bank records including videos captured at ATMs and, explored the reasoning behind the evidentiary rules applicable to records held by financial institutions.

George Friedman

Enforcement of $2 Billion ICSID Award Stayed While Internal Appeal is Pending at Arbitration Forum

(11/20/20)George Friedman

The District Court of Columbia declines for the time being to enforce a $2 billion ICSID Award against Egypt because an appellate arbitration proceeding is still pending.

Christine Sim

In Memoriam: How U.S. Supreme Court Justice Ruth Bader Ginsburg Influenced U.S. Perspectives on Arbitration and International Dispute Resolution

(11/20/20)Giorgio Sassine, Christine Sim, Kiran Gore

Justice Ruth Bader Ginsburg was only the second woman appointed to the U.S. Supreme Court bench. Her passing in September 2020, at the age of 87, left a gaping hole in the international community. In memory of her ideals and legacy, this post revisits a few of her lasting contributions to U.S. law and international dispute resolution.

Nicolas Pimiento

Arbitration Conversation No. 33: Prof. Nicolás Lozada Pimiento from Universidad Externado de Colombia

(11/19/20)Nicolas Pimiento, Amy Schmitz

In this episode of the Arbitration Conversation Amy interviews Nicolás Lozada Pimiento, a partner of the firm Rincón Cuéllar & Asociados and professor of arbitration, trade and business law at the universities Externado de Colombia, Javeriana, Sabana and Santo Tomás.

Daniel Urbas

Canada - Successful Offer In All-Or-Nothing Final Offer Arbitration Can Include Agreement to Arbitrate

(11/18/20)Daniel Urbas

In Canadian National Railway Company v. Gibraltar Mines Ltd., Justice Michael Manson held that in the final offer arbitration, the absence of reasons in a decision qualified the decision as reasonable and correct.

Nicholas Peacock

India Amends Arbitration Law Relating To Enforcement Of Awards Tainted By Fraud And Arbitrator Qualifications

(11/18/20)Nicholas Peacock, Nihal Joseph

The Government of India recently passed the Arbitration & Conciliation Ordinance to amend the Indian Arbitration & Conciliation Act. It introduces provisions to stay the enforcement of arbitral awards affected by fraud and deletes certain sections related to qualification and accreditation of arbitrators.

Jonathan Stoel

Foreign Investors Harmed by Trade Measures May Find Relief by Bringing Investment Arbitration Claims

(11/17/20)Jonathan Stoel, Juan Francisco Torres Landa, Michael Jacobson, Orlando Cabrera

A recent investor-state arbitration decision (Vento v. Mexico) under the investment chapter of the NAFTA demonstrates that foreign investors protected by an international investment agreement may submit arbitration claims that international trade regulatory and tariff measures breach the state's international obligations.

Boaz Morag

For Arbitrations in New York, It Matters Whether Federal or State Law Governs

(11/17/20)Boaz Morag, Katie Gonzalez

A recent New York Supreme Court Commercial Division decision precluded the petitioner from seeking to vacate an arbitral award because, although he objected to the jurisdiction of the arbitrators, he participated in the arbitration proceedings.

Vanessa Naish

Draft ICC Rules 2021: Drawing a Line under Some Issues of Debate in Arbitration?

(11/16/20)Vanessa Naish, Rebecca Warder

In this article, the authors focus on three more substantive changes to the 'Draft' ICC Rules 2021, which seek to address long-running questions in arbitral practice and discuss why the ICC’s approach is likely to be of interest and importance to practitioners and users alike.

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Arbitration News

California District Court Grants Motion to Compel, Referring Issue of Arbitrability to Hong Kong Arbitration Forum A district court in California granted a motion to compel arbitration at the Hong Kong International Arbitration Centre as per th ...more
Med-Arb: Is It the Wave of the Future?The pressure on the Alternate Dispute Resolution world to handle what I believe will be a dramatic increase in volume offers the opportunity to consider a third or hybrid process of dispute resolution known as ...more
Tesla Owner's Bid to Avoid Arbitration in Battery Dispute Fails The Ninth Circuit Court of Appeals has dashed a Tesla owner’s plea to avoid arbitration regarding a battery dispute. Prior, a trial court ruled that Tesla I ...more
A Rare Occurrence: California Court Overturns Arbitrator's AwardEmployers should review their NDA agreem ...more
What law governs your arbitration clause? You decide. It will probably surprise you to hear that this is an issue that has vexed the courts and commentators, in England and internationally, for many years. ...more
Arbitration agreements: Governing law United Kingdom November 6 2020 - Clarification has recently been given by the Supreme Court in Enka v Chubb Russia [2020] UKSC 38, on the principles to be applied to determine the proper law of an arbit ...more
One more reason to arbitrate: BC's new Arbitration Act Arbitration has become an increasingly popular method for resolving legal disputes traditionally dealt with through the court system. Arbitration is known to be far more efficient and c ...more
London Court of International Arbitration (LCIA) Issues New Arbitration Rules The London Court of International Arbitration (LCIA) issued its new arbitration and mediation rules on Oct. 1, 2020. These rules will apply to all arbitrations commenced after ...more
Updates to ICC Arbitration Rules Aim for More Efficient, Flexible and Accountable Arbitrations On October 6, 2020, the International Court of Arbitration to the International Chamber of Commerce (ICC) adopted updates to its Rules of Arbitra ...more
Which country's laws govern an arbitration agreement?Where parties have chosen to arbitrate their disputes, but have not specified the law of the contract or arbitration agreement, what laws apply to the arbitration agreement? ...more