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Arbitration Agreements Commercial Arbitration Contract Terms

K&L Gates LLP

Abu Dhabi Court of Cassation Reiterates the Exceptional Nature of Arbitration Agreements

K&L Gates LLP on

Introduction - A recent judgment from the Abu Dhabi Court of Cassation (Court of Cassation) in Case No. 902 of 2024 (issued on 23 December 2024) reiterates the importance of ensuring that a signatory to a contract containing...more

Bennett Jones LLP

Another Brick in the Wall: British Columbia Court of Appeal Confirms Framework for Determining Arbitral Jurisdiction

Bennett Jones LLP on

For many reasons, including delays in the litigation system, choice of decision-maker and procedural flexibility, arbitration appears to be increasing in popularity as a means to resolve commercial disputes. But what happens...more

Bennett Jones LLP

How (Not) to Inadvertently Waive Your Right to Arbitrate

Bennett Jones LLP on

The recent Ontario Court of Appeal decision in RH20 North America Inc v Bergmann, 2024 ONCA 445 serves as useful reminder that a party can inadvertently waive its right to arbitrate a dispute if the party takes a step in the...more

WilmerHale

Draft Bill for the Modernization of German Arbitration Law

WilmerHale on

Germany is in the process of renewing its arbitration law, which in its current version dates from 1997. In April 2023, the German Federal Ministry of Justice (the “Ministry”) published a Key Issues Paper, identifying...more

Troutman Pepper Locke

EDVA Judge Grants Emergency Motion to Stay Pending Arbitration Until Issue of Arbitrability Resolved

Troutman Pepper Locke on

On June 12, Judge Hudson granted an emergency motion to stay arbitration proceedings, pending the court’s resolution of the issue of arbitrability in a case pending in the U.S. District Court for the Eastern District of...more

BCLP

Interpretation of Arbitration Clauses: Does “may” arbitrate actually mean you “must” arbitrate? Are “no arbitration until...

BCLP on

Where an arbitration clause provides that parties “may” submit their disputes to arbitration, does this mean that arbitration is mandatory or merely permissive? What is the effect of a proviso in an arbitration clause which...more

Latham & Watkins LLP

Chinese Court Takes Pro-Arbitration Approach to Validity of International Arbitration Agreement

Latham & Watkins LLP on

Parties must draft arbitration agreements with Chinese parties clearly and precisely to ensure validity and avoid unwanted litigation. A Beijing court recently adopted a pro-arbitration approach in upholding the validity...more

Mintz - Arbitration, Mediation, ADR...

What In-House Counsel Need To Know About Their Form Arbitration Clauses – Ten Foundation Questions

Most arbitrations, and all commercial arbitrations, are creations of contract, and courts are generally required to enforce an arbitration agreement as they would any other contract. Therefore, the terms of the arbitration...more

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