News & Analysis as of

Arbitration Agreements Contract Disputes Jurisdiction

BCLP

HK Court Confirms Jurisdiction of Arbitral Tribunal in Cayman-Related Dispute

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In PI 1 and PI 2 v MR, the Hong Kong Court of First Instance (“Court”) dismissed the plaintiffs’ application to set aside an arbitral tribunal’s decision that it did have jurisdiction to hear a dispute. It is noteworthy that...more

Jenner & Block

Client Alert: Navigating the Hazards of US Litigation: Lessons from Recent Decisions Involving Korean Companies

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Notwithstanding recent political turmoil, Korean companies have been expanding into the United States at a fast clip, continuing a trend of investment beneficial to businesses in both countries. As Korean brands increasingly...more

Hicks Johnson

HB 40 Has Been Signed: Key Takeaways for Corporate Legal Teams

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On June 20, 2025, Governor Abbott signed House Bill 40 (HB 40) into law, which, among other things, expands the jurisdiction of the recently created Texas Business Court. HB 40’s changes to the Business Court include: (1)...more

Fenwick & West LLP

AAA Implements New Arbitration Rules and Mediation Procedures

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On May 1, 2025, the American Arbitration Association (AAA) implemented its new Consumer Arbitration Rules and Mediation Procedures. These changes, designed to enhance fairness and efficiency in arbitration processes, address...more

Bracewell LLP

Reinforcing the Regime: Key Updates to Arbitration in England and Wales

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The Arbitration Act 2025 (the “Act”) received Royal Assent on 24 February 2025. Its stated aim is to amend the Arbitration Act 1996, which governs arbitral claims seated in England and Wales. It marks a gentle evolution of...more

A&O Shearman

The Mumbai Centre for International Arbitration Releases New Rules

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The Mumbai Centre for International Arbitration (MCIA) has released its 2025 Arbitration Rules, introducing major updates to streamline proceedings, enhance transparency, and align with global best practices. This post...more

Carlton Fields

Fifth Circuit Reverses Decision Denying Motion to Compel International Arbitration

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The Fifth Circuit Court of Appeals recently reversed a district court’s denial of a motion to compel arbitration, concluding that the contract between the parties evinced an intent to arbitrate even if the purported arbitral...more

Morgan Lewis

English High Court Upholds the Primacy of an Exclusive Jurisdiction Clause in a Subsequent Settlement Agreement

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The English High Court in Destin Trading v Saipem SA refused the defendant’s application for a stay of proceedings under Section 9 of the Arbitration Act 1996 on the basis that an exclusive dispute resolution clause in favour...more

JAMS

California’s Global Rise: Insights From International Arbitration Week

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How California is shaping the future of cross-border dispute resolution and bridging legal traditions - During California International Arbitration Week (CIAW), JAMS and other leading arbitration institutions from around...more

Felicello Law PC

Is Arbitration Right for Your Legal Needs? Key Considerations Before Choosing Arbitration Over Litigation

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Arbitration is often viewed as a faster, more cost-effective alternative to litigation, but is it the right choice for every dispute? Should you include an arbitration clause in every contract? While it can offer...more

Felicello Law PC

Top 5 Pitfalls to Avoid in Arbitration Agreements

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Once you decide to arbitrate rather than litigate, the next crucial step is ensuring the arbitration agreement is well-drafted. While arbitration offers businesses a private, efficient, and flexible method for resolving...more

A&O Shearman

Horizontal agreements: Is arbitration part of the rules of the game?

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In a recent judgment, the High Court implied an agreement to arbitrate disputes between two parties with no direct contractual relations based on each of the parties’ express, independent agreement to comply with the rules of...more

McGlinchey Stafford

Court Finds Arbitral Forum’s Decision to Consolidate Cases is Not a Gateway Arbitrability Question

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The Ninth Circuit Court of Appeals affirmed a district court’s decision to deny the plaintiff’s motion to compel arbitration, finding that the plaintiff was not an “aggrieved” party within the meaning of the Federal...more

McGlinchey Stafford

Court Refuses to Enjoin Mass Arbitration on Personal Jurisdiction Grounds

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Companies facing the threat of mass arbitration continue to seek judicial intervention to thwart such tactics. However, most of those attempts have failed. Recently, the District Court in the District of Colombia rejected a...more

Bennett Jones LLP

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

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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

Mayer Brown

Singapore Court of Appeal Considers Effect of New Arbitration Agreement on Pending Arbitration

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Last week, in CNA v. CNB and another [2024] SGCA(I) 2, the Singapore Court of Appeal published its grounds for dismissing an appeal against a decision of the Singapore International Commercial Court (SICC) which declined to...more

Stoel Rives -  Ahead of Schedule

Efforts Expected of a Contractor When Efforts Clauses Are in Dispute

Originally published by the Daily Journal of Commerce on May 18, 2023. You will often see in construction contracts terms directing the contractor to use “best efforts” or “reasonable efforts” or “commercially reasonable...more

Goodwin

Litigation Insights - July 2021

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FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

A&O Shearman

Renegotiation clause in long-term contract – what if parties cannot agree?

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A long-term licence agreement provided that if the parties could not agree on changes to the contract to reflect a major change in circumstances the matter would be referred to an arbitrator who would decide the new terms....more

Pillsbury Winthrop Shaw Pittman LLP

English Contract Law: Has the Camel’s Nose of “Good Faith” Crept Under the Tent Flap?

Under the English Arbitration Act 1996 the grounds on which an English arbitration award can be challenged in court are very limited. Section 67 of the Act provides that a challenge may be brought on the basis that the...more

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