Courts

35 articles available

Say that Party B sues Parties A and C in a court in Jurisdiction X, notwithstanding an arbitration agreement between Parties A and B that covers “all disputes, controversies or claims arising out of…

In June of 2023, the U.S. Supreme Court issued its opinion in Coinbase, Inc. v. Bielski, which settled an important circuit court split with significant relevance to arbitrations. In Coinbase, the…

Pathological clauses are not an infrequent occurrence in the arbitration world. We often see arbitration clauses which are poorly drafted and may result in rendering the clause inoperable. Being able…

“International Conference: Expeditious Dispensation of Justice – ADR The Way Forward” was held on 1 and 2 September, 2022 at Serena Hotel, Islamabad, Pakistan and in the Islamabad High Court…

Lord Chief Justice Hon. Michael H. Whitten KC has been the Lord Chief Justice of the Kingdom of Tonga since 2 September 2019. After gaining early broad experience in various areas of law, Chief…

Hong Kong Arbitration Week 2021 is upon us, with a number of exciting in-person, virtual and hybrid events.  On 27 October 2021, the ADR in Asia Conference was held, focussing on “Tomorrow’s Disputes…

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…

Confidentiality is one of the distinctive features of arbitration and is often promoted as an advantage of arbitration. Most arbitral institutions require arbitral tribunals and parties to preserve…

Since its creation, the Common Court of Justice and Arbitration (CCJA) has been at the forefront of promoting international arbitration in Africa, particularly with respect to creating a favourable…