Category: International

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
6 Hours of Social Media Blackout in Arbitration? The Cybersecurity Perspective author.

6 Hours of Social Media Blackout in Arbitration? The Cybersecurity Perspective

Did Monday 6th October 2021 feel like a snow or rain day to you? With Facebook, Facebook Messenger, Instagram, and...

By Katie Hyman, Wendy Gonzales
Indian Supreme Court Confirms Enforceability of India-Seated Emergency Arbitration Awards author.

Indian Supreme Court Confirms Enforceability of India-Seated Emergency Arbitration Awards

This article first appeared on Arbitration Notes by Herbert Smith Freehills, here. The Supreme Court of India (the “Court“) has...

By Andrew Cannon, Tomas Furlong, Madhu Krishnan
UNCITRAL/ICSID Draft Code of Conduct for Adjudicators in Internation Investment Disputes author.

UNCITRAL/ICSID Draft Code of Conduct for Adjudicators in Internation Investment Disputes

It has just been announced that ICSID and UNCITRAL have released the third version of the Draft Code of Conduct...

By Stacie Strong
Arbitration Coversation No. 66: Independent Arbitrator Sophie Nappert author.

Arbitration Coversation No. 66: Independent Arbitrator Sophie Nappert

In this episode of the Arbitration Conversation, Amy interviews Sophie Nappert, an arbitrator in independent practice who is based in...

By Sophie Nappert, Amy Schmitz
Expedited Arbitration, Autonomy and Due Process author.

Expedited Arbitration, Autonomy and Due Process

This article was first published on the Practical Law Arbitration Blog in two parts on 3 and 13 September 2021....

By Alexander Uff
Canada – Arbitrator’s Award Set Aside on Basis that it was “Arbitrary and Irrational” author.

Canada – Arbitrator’s Award Set Aside on Basis that it was “Arbitrary and Irrational”

This article first appeared on the Arbitration Matters blog, here. In Shahcheraghi v Divangahi, 2021 BCSC 1576, Justice Horsman set aside...

By Lisa C. Munro
Second Version of The Draft Code of Conduct: Hits and Misses author.

Second Version of The Draft Code of Conduct: Hits and Misses

This article was first published in the Indian Review of International Arbitration (IRIArb) journal. For more information about the journal,...

By Abhisar Vidyarthi, Sikander Hyaat Khan
Servotronics on Certiorari Petition: “Never Mind!” But Badgerow Oral Argument is Now Set author.

Servotronics on Certiorari Petition: “Never Mind!” But Badgerow Oral Argument is Now Set

This article first appeared on Securities Arbitration Alert, here. Just a month out from oral argument, Servotronics has notified the...

By George Friedman
MNLU Mumbai’s Centre for Arbitration and Research Publishes Inaugural Issue of Indian Review of International Arbitration author.

MNLU Mumbai’s Centre for Arbitration and Research Publishes Inaugural Issue of Indian Review of International Arbitration

Maharashtra National Law University Mumbai’s Centre for Arbitration Research has published the inaugural issue of the Indian Review of International...

By Chirag Balyan
Canada – Under New B.C. Act, Third Party May Apply to Arbitrator OR Court to Set Aside Subpoena Issued by Arbitrator author.

Canada – Under New B.C. Act, Third Party May Apply to Arbitrator OR Court to Set Aside Subpoena Issued by Arbitrator

This article first appeared on the Arbitration Matters blog, here. In Terrace Community Forest LLP v Skeena Sawmills Ltd., 2021 BCSC...

By Lisa C. Munro
The Continued Rise Of The New York Convention And The Fall Of The “Bellefonte Cap.” author.

The Continued Rise Of The New York Convention And The Fall Of The “Bellefonte Cap.”

Another Circuit Court Holds That the New York Convention Pre-empts State Laws Prohibiting Arbitration of Insurance Disputes On August 12,...

By Edward Lenci
Diversity Checklist For International Arbitration (Part Three) author.

Diversity Checklist For International Arbitration (Part Three)

This article was first published on the Thomson Reuters Practical Law Arbitration Blog, here. This three-part blog provides a diversity...

By Hanna Roos
Arbitration Conversation No. 64: Richard Ormond and Jake Stango of ejudicate.com author.

Arbitration Conversation No. 64: Richard Ormond and Jake Stango of ejudicate.com

In this episode of the Arbitration Conversation Amy interviews Richard Ormond and Jake Stango, the founders of ejudicate.com, an online...

By Richard Ormond, Jake Stango, Amy Schmitz
Ninth Circuit Underscores the Need for Careful Drafting of International Arbitration Clauses author.

Ninth Circuit Underscores the Need for Careful Drafting of International Arbitration Clauses

This article first appeared on Miller Canfield webpage, here. Can a non-signatory to an arbitration agreement compel international arbitration under...

By Frederick A. Acomb, Ahmad Chehab
Diversity Checklist For International Arbitration (Part Two) author.

Diversity Checklist For International Arbitration (Part Two)

This article was first published on the Thomson Reuters Practical Law Arbitration Blog, here. This three-part blog provides a diversity...

By Hanna Roos
The ICC Dispute Resolution Statistics 2020 – An Interesting But Unclear Picture Regarding Gender Parity author.

The ICC Dispute Resolution Statistics 2020 – An Interesting But Unclear Picture Regarding Gender Parity

The recently published ICC Dispute Resolution 2020 Statistics, revealing that 946 arbitration cases were registered with the Secretariat of the ICC...

By Katherine Simpson
Canada – Portion of Arbitral Award Set Aside; Re-hearing to be Conducted by Different Arbitrator author.

Canada – Portion of Arbitral Award Set Aside; Re-hearing to be Conducted by Different Arbitrator

This article first appeared on Arbitration Matters, here. In Spirit Bay Developments Limited Partnership v Scala Developments Consultants Ltd., 2021 BCSC...

By Lisa C. Munro
Strategies to Collect International Arbitration Awards author.

Strategies to Collect International Arbitration Awards

This article first appeared on Global Dispute Resolution Insights, here. Strategies to Collect International Arbitration Awards One of the problems...

By Craig R. Tractenberg, Sarah Biser

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