State Court Assistance Moving Forward in Portugal?
The recent Portuguese Voluntary Arbitration Law, which has been in force since 14 March 2012, (English version available here), was received with great enthusiasm amongst the legal community, which...
View ArticleHong Kong tables amendments to arbitration law
by Justin D’Agostino and Briana Young On 28 March 2013, Hong Kong gazetted The Arbitration (Amendment) Bill 2013. The Bill proposes amendments to Hong Kong’s Arbitration Ordinance (Cap. 609) to...
View ArticleNew Romanian Arbitration Law: what is really new?
By Crenguta Leaua and Stefan Dudas (Leaua & Asociatii) A new Code of Civil Procedure (CCP) including two separate sections on domestic and international arbitration entered into force in Romania on...
View ArticleSanofi-Aventis Deutschland GmbH v. Genentech, Inc.: Freedom to Choose
In a judgment dated 10 May 2013 (Sanofi-Aventis Deutschland GmbH v. Genentech, Inc., Appeal No 2012-1454) the United States Court of Appeals for the Federal Circuit (the ‘CAFC’) affirmed a...
View ArticleHKIAC: What Will The New Arbitration Rules Change?
Hong Kong is one of the major hubs for international arbitration in Asia. Its position was strengthened when, in 2012, India added Hong Kong to the list of so-called “gazetted” states: only arbitral...
View ArticleRecent ruling of Dubai Court of Cassation on enforcement of foreign arbitral...
In a blog earlier this year (see my blog of 12 March 2013), I expressed concerns about a Dubai Court of First Instance ruling (see Case No. 489/2012, ruling of the Dubai Court of First Instance of 18...
View ArticleThe Jurisdiction of Indian Courts over Arbitrations Seated Outside India. An...
The potential intervention of Indian courts over foreign seated arbitrations is a hot topic in international arbitration. On 28 May 2014, the Supreme Court of India (“SCI”) heated up the debate by...
View ArticleInterim Measures and Anti-Arbitration Injunctions in Brazil: Answering the...
Recently, the Kluwer Arbitration Blog published a post regarding the ongoing saga between the The Clorox Company and the Petroplus Companies. That post sought to answer two general questions: 1) the...
View ArticleThe Recast Brussels Regulation and “Domestic” Arbitrations
As has been discussed previously on this blog, the recast Brussels Regulation contains a number of important clarifications to the arbitration exception. Paragraph 3 of Recital 12 and Article 73(2)...
View ArticleHow about a New Arbitration Act in Hungary?
Sándor Habóczky and Alexandra BognárSchoenherrThe Hungarian arbitration Act (Act LXXI of 1994 on arbitration, “the Act”) has barely “turned 22” and the pressure to replace it with new legislation has...
View ArticleFurther Thoughts on Sulamerica: What About Transnational Rules?
Frédéric BachandMcGill University Faculty of law For ITAThe English Court of Appeal’s recent decision in Sulamerica CIA Nacional De Seguros SA v Enesa Engenharia SA [2012] EWCA Civ 638, which is...
View ArticleWhy not give the clients what they want?
Lisa Bench NieuwveldConway & PartnersThere are many clients who are often engaged in industrious works that result in disputes. Typically, the applicable arbitral agreements requirement submitting...
View ArticleArbitration and Administrative Law – When Two Worlds Collide
Daniel KalderimisChapman TrippArbitration is underpinned by natural justice. Article 18 of the Model Law, enshrining the right of the parties to be treated with equality, and given a full opportunity...
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What You Should Know About Nevada’s Specific Authorization Rule for...
Charles Harris, Sarah Reynolds and Louis BaloccaBusinesses that are party to an arbitration agreement governed by Nevada law should understand that a little-known Nevada statute renders these...
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The Rise of a New Law to promote ADR Mechanisms in Mexico: Challenges and...
Fernando Pérez-LozadaAs a result of a reform of Mexico’s Constitution, on 25 February 2017 a Presidential Decree was enacted, whereby the Congress received the mandate to pass a new law on Alternative...
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Federal Court Enforces Arbitration Clause in Maritime Insurance Policy,...
Jason P. Minkin and Jonathan A. CiprianiThe U.S. Court of Appeals for the Ninth Circuit has enforced an arbitration clause in a maritime insurance policy, finding the policy subject to the Federal...
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The Act is not the entire story: How to make sense of the U.S. Arbitration Act
Ylli DautajThe central point of this note is that the U.S. law of arbitration is not clear from the text of the Federal Arbitration Act (FAA). The FAA is archaic and in need of updating. The FAA is the...
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