Arbitration Agreement

Conflict of laws issues can have a pivotal effect on the effectiveness of arbitration when state courts are asked to enforce arbitration agreements. Has the approach of Hungarian courts crystalized…

Canadian courts are frequently asked to rule upon the effects of arbitration agreements in the context of potential class actions. For example, the Supreme Court of Canada (“SCC”) has upheld…

As previously reported, in mid-2020, changes were enacted to the Russian Arbitrazh (Commercial) Procedure Code (“APC”) to establish the exclusive jurisdiction of Russian Arbitrazh courts over cases…

In 2021, East and Central Asia witnessed some noteworthy developments in domestic legislation, jurisprudence, and efforts to enhance the standing of arbitral institutions and seats in the region…

On 27 October 2021, the Supreme Court of the United Kingdom (the Court) issued a judgment in Kabab-Ji SAL v Kout Food Group [2021] UKSC 48. The Court upheld the earlier decision of the Court of…

The purpose of a dispute resolution clause is to provide for a process and a forum through which disputes can be resolved efficiently. However, dispute resolution clauses are too often ignored and…

Multi-tiered dispute resolution clauses – which typically require negotiation, mediation, and/or other form(s) of alternative dispute resolution (“ADR”) prior to submitting the dispute to binding…

The United States Supreme Court's June 2020 decision in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC ("GE Energy") made clear that, under U.S. law, a non-signatory to an…

This blog has previously discussed the illegality of unilateral appointments of sole arbitrators in India. However, a good beginning is only half the battle won.  Before one dwells further, it is…