Category: International

This Just In: SCOTUS Decides Badgerow author.

This Just In: SCOTUS Decides Badgerow

 Just as we went to press came word that, based on statutory construction, the Supreme Court has decided Badgerow v. Walters,...

By George Friedman
Ontario, Canada: Another Arbitration Decision Upholds Mandatory COVID-19 Vaccination Policy author.

Ontario, Canada: Another Arbitration Decision Upholds Mandatory COVID-19 Vaccination Policy

This article was first published on the Littler® Insight Blog (Link here) and is reprinted here with permission. In Unifor Local...

By Rhonda B. Levy, Barry Kuretzky
The New Micula Judgment and the Overreach of the ECJ author.

The New Micula Judgment and the Overreach of the ECJ

This article was first published in the Thomson Reuters Blog, here. On 25 January 2022, the Court of Justice of...

By Nikos Lavranos
SCOTUS Hears Oral Arguments in Morgan and ZF Auto. Two More to Go author.

SCOTUS Hears Oral Arguments in Morgan and ZF Auto. Two More to Go

The Supreme Court heard oral arguments this week in two of four cases involving arbitration it will review within a...

By George Friedman
Arbitration Conversation No. 73: Rana Sajjad Ahmad, Founder of CIICA Arbitration Center, Pakistan author.

Arbitration Conversation No. 73: Rana Sajjad Ahmad, Founder of CIICA Arbitration Center, Pakistan

In this episode of the Arbitration Conversation, Amy interviews Rana Sajjad Ahmad, Founder and President of the Center for International...

By Rana Sajjad Ahmad, Amy Schmitz
Canada – Standard of Review: Set Aside for Applicant’s “Inability to Present his Case” author.

Canada – Standard of Review: Set Aside for Applicant’s “Inability to Present his Case”

This article was first published on the Arbitration Matters blog, here. In Nelson v The Government of the United Mexican States,...

By Lisa C. Munro
Reminder: SCOTUS Hears Two of “Arbitration Final Four” Oral Arguments Next Week author.

Reminder: SCOTUS Hears Two of “Arbitration Final Four” Oral Arguments Next Week

Just a reminder that SCOTUS will be hearing oral arguments next week on two cases involving arbitration. We reported in...

By George Friedman
Arbitration Conversation No. 72: Paul Barker, International Arbitrator, and Fellow, Stanford Law School author.

Arbitration Conversation No. 72: Paul Barker, International Arbitrator, and Fellow, Stanford Law School

In this episode of the Arbitration Conversation, Amy interviews Paul Barker, a partner in the Bay Area office of Kirkland...

By Paul Barker, Amy Schmitz
A Detailed Comparison of Third-Party Funding Regulations in Hong Kong and Singapore author.

A Detailed Comparison of Third-Party Funding Regulations in Hong Kong and Singapore

This article was first published in the Asia Pacific Law Review, here. ABSTRACT Third-party funding (TPF) has played a major...

By Can Eken
Canada – No Issue Estoppel Regarding Arbitrator’s Findings in Later Litigation author.

Canada – No Issue Estoppel Regarding Arbitrator’s Findings in Later Litigation

This article was first published on the Arbitration Matters blog, here. In The 6th Line Mofos Limited v Stewart, 2022 ONSC 520,...

By Lisa C. Munro
Canada – Statute Gives Unintended Economic Incentives to Avoid Mandatory Arbitration author.

Canada – Statute Gives Unintended Economic Incentives to Avoid Mandatory Arbitration

This article was first published on the Arbitration Matters blog, here. In Metropolitan Toronto Condominium Corporation No. 1171 v Rebeiro, 2022...

By Lisa C. Munro
Arbitration Conversation No. 70: Catherine Rogers, Founder, Arbitrator Intelligence author.

Arbitration Conversation No. 70: Catherine Rogers, Founder, Arbitrator Intelligence

In this episode of the Arbitration Conversation Amy interviews Catherine A. Rogers, a scholar of international arbitration and professional ethics...

By Catherine Rogers, Amy Schmitz
Practicalities of Privacy and Secrecy in Arbitration author.

Practicalities of Privacy and Secrecy in Arbitration

There has been a great deal of discussion lately about nondisclosure agreements (NDAs) in arbitration. The problem is that the...

By Amy Schmitz
Beware International Laws and Conventions author.

Beware International Laws and Conventions

In the decision, McDonnel Group, LLC v. Great Lakes Insurance SE, UK Branch. No. 18-30817, 2019 WL 2082905, (5th Cir....

By Brian R. Gaudet
Arbitration Conversation No. 69: Stephen Anway, Partner and Co-Chair of IDR at Squire Patton Boggs author.

Arbitration Conversation No. 69: Stephen Anway, Partner and Co-Chair of IDR at Squire Patton Boggs

In this episode of the Arbitration Conversation, Amy interviews Arbitrator Stephen Anway, global co-chair of Squire Patton Boggs’ International Dispute...

By Stephen P. Anway, Amy Schmitz
Canada – Fresh Evidence Test the Same on Set Aside Applications on Fairness Grounds and Judicial Review Applications author.

Canada – Fresh Evidence Test the Same on Set Aside Applications on Fairness Grounds and Judicial Review Applications

This article was first published on the Arbitration Matters blog, here. In Vento Motorcycles Inc. v United Mexican States, 2021 ONSC...

By Lisa C. Munro
International Commercial Arbitration: The Applicable Laws Theorem author.

International Commercial Arbitration: The Applicable Laws Theorem

This article first appeared on the Thomson Reuters Arbitration blog, here. One of the most interesting aspects of international arbitration are the applicable...

By Frederico Singarajah
Arbitration Conversation No. 68: Prof. Imre Szalai of Loyola University New Orleans author.

Arbitration Conversation No. 68: Prof. Imre Szalai of Loyola University New Orleans

In this episode of the Arbitration Conversation, Amy interviews Prof. Imre Szalai of Loyola University New Orleans, a nationally-known scholar...

By Imre Szalai, Amy Schmitz
In Case You Missed Them, Here Are the Top 10 Highlights of Arbitration in 2021 author.

In Case You Missed Them, Here Are the Top 10 Highlights of Arbitration in 2021

In case you missed them, here are the Top 10 Highlights of Arbitration in 2021 to look back on as...

By Amy Schmitz
New Town Elder Arbitration Rules author.

New Town Elder Arbitration Rules

The effort to cut arbitration costs has led to the promulgation of a new tech-assisted model that David Rivkin refers...

By Stacie Strong
Arbitration Conversation No. 67: Stephen Kane, Founder, and CEO of FairClaims.com author.

Arbitration Conversation No. 67: Stephen Kane, Founder, and CEO of FairClaims.com

In this episode of the Arbitration Conversation Amy interviews Stephen Kane, Founder and CEO of FairClaims.com, an ODR provider working...

By Stephen Kane, Amy Schmitz
Canada – Franchisor Addresses Uber Arbitration Agreement Flaws to Obtain Stay of Proceedings author.

Canada – Franchisor Addresses Uber Arbitration Agreement Flaws to Obtain Stay of Proceedings

This article was first published on Arbitration Matters, here. In Kang v Advanced Fresh Concepts Franchise Corp., 2021 BCPC 262, Small...

By Lisa C. Munro
Availability of Section 1782 Discovery in International Arbitration Proceedings – Will the Supreme Court Finally Have its Say? author.

Availability of Section 1782 Discovery in International Arbitration Proceedings – Will the Supreme Court Finally Have its Say?

Section 1782 of Title 28 of the United States Code (§1782) was enacted in 1964 to govern the authority of...

By Brittany Munn
What Can Companies Do to Protect Themselves from U.S. Style Discovery Creeping Into their International Disputes…? author.

What Can Companies Do to Protect Themselves from U.S. Style Discovery Creeping Into their International Disputes…?

Update: Since the original publication of this article, the Servotronics II case has been dismissed by joint stipulation of the...

By Thomas Allen
Déséquilibre and Arbitration Clauses in Subway Franchise Contracts in France author.

Déséquilibre and Arbitration Clauses in Subway Franchise Contracts in France

The presence of arbitration clauses in franchise contracts is not a novelty[1]– on the contrary, it is a practice being...

By Leonardo de Oliveira, Clotilde Jourdain-Fortier
UNCITRAL Working Group III To Consider the Draft Arbitrator Code of Conduct author.

UNCITRAL Working Group III To Consider the Draft Arbitrator Code of Conduct

This week, UNCITRAL Working Group III will consider the Draft Arbitrator Code of Conduct.  They will be looking at proposed Article...

By Katherine Simpson
Canada – Award Challenged for Legal Error, Denial of Natural Justice After Baseball Arbitration author.

Canada – Award Challenged for Legal Error, Denial of Natural Justice After Baseball Arbitration

This article first appeared on the Arbitration Matters blog, here. In 1150 Alberni Limited Partnership v Northwest Community Enterprises Ltd., 2021...

By Lisa C. Munro
Canada – Challenge to Arbitrator’s Integrity to be Determined Using Bias Test author.

Canada – Challenge to Arbitrator’s Integrity to be Determined Using Bias Test

This article first appeared on the Arbitration Matters blog, here. In Farmer v Farmer, 2021 ONSC 5913, the appellant wife appealed...

By Lisa C. Munro
UNCITRAL Publishes Expedited Arbitration Rules author.

UNCITRAL Publishes Expedited Arbitration Rules

This article first appeared on Arbitration Notes by Herbert Smith Freehills, here. In December 2020, we reported that the Working Group II...

By Andrew Cannon, Elizabeth Kantor, Gerald Leong
Invoking a Policy’s Arbitral Provisions that Fall Under the New York or Panama Convention when a Third Party Sues the Insurer author.

Invoking a Policy’s Arbitral Provisions that Fall Under the New York or Panama Convention when a Third Party Sues the Insurer

This article was originally published in the ARIAS·U.S. Quarterly, Q3, 2021 and is republished here with permission. A.        Overview The...

By Edward Lenci

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