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Arbitration Commercial Contracts Contract Terms

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Kerr Russell

Is Your Supply Contract Built for Disruption? A Framework for Resilience

Kerr Russell on

What once seemed like temporary disruptions have become a persistent reality, challenging financial forecasts and threatening operational stability. Meticulous planning can be undone overnight by a single supplier’s inability...more

Winstead PC

To arbitrate or not to arbitrate? That is the question.

Winstead PC on

It's commonplace for commercial contracts to contain arbitration clauses. But should they? The answer to this question depends on several factors, such as anticipated cost, the importance of confidentiality, the importance of...more

BCLP

HK Court Overrules Arbitrator’s Decision in Jurisdictional Challenge

BCLP on

In AAA, BBB, CCC v DDD (HCCT 39/2023) [2024] HKCFI 513 (date of decision: 16 February 2024), the Hong Kong Court of First Instance (“the Court”) provides much welcomed guidance on the situation where there is a group of...more

Holland & Knight LLP

Consejo de Estado unifica jurisprudencia sobre arbitrabilidad de actos administrativos

Holland & Knight LLP on

La Sección Tercera del Consejo de Estado de Colombia resolvió recientemente el recurso extraordinario de anulación en contra del laudo del 11 de julio de 2022, proferido por el tribunal arbitral constituido para resolver las...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

Conyers

B2B, B2C, BVI – Crypto Disputes in the Caribbean

Conyers on

In the crypto world, does it really matter where you are? Is there a sunny offshore paradise perspective on the click of a button and a fintech trade? The answer lies as usual in how to unravel a problem should it arise. Both...more

BCLP

Important judgment on pre-conditions in arbitration clauses

BCLP on

Many modern commercial contracts contain dispute resolution clauses which submit disputes to arbitration. It is common for parties to agree to a set of pre-conditions or escalation mechanisms which have to be complied with...more

JAMS

An AAPI Neutral’s Perspective on Culture and Contract Interpretation

JAMS on

Something interesting has happened to me in the past year or so: I started seeing many more cases where two or more parties were Asian, a term I will use to mean both “Asian-American” and “from Asia.” Some have been...more

BCLP

Singapore High Court’s ruling on overlapping arbitration and jurisdiction clauses

BCLP on

A dispute resolution clause specifies the process, usually by way of litigation or arbitration, through which parties wish to resolve a dispute between them. A dispute resolution clause must be drafted with essential clarity...more

Hogan Lovells

Contract and claim dispute management in the infrastructure and energy sector

Hogan Lovells on

Importance of contract, claim and dispute management - Rapid urbanisation and growing demand mean that the construction industry is one of the largest industry sectors in the world, consistently poised to outpace the world...more

Poyner Spruill LLP

The Basics of Arbitration: Q&A

Poyner Spruill LLP on

Most businesses are generally familiar with arbitration, but the details of the process can sometimes be a bit murky. Whenever parties engage in arbitration, those unknown details can cause confusion and anxiety for even the...more

Latham & Watkins LLP

Complex Commercial Litigation Law Review – England & Wales

Latham & Watkins LLP on

Courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that govern litigation are robust and provide a clear framework for the cost-effective...more

K&L Gates LLP

Common Contractual Battlegrounds: Four Significant, But Often Overlooked, Provisions in Domestic Commercial Contracts

K&L Gates LLP on

When parties enter into a domestic commercial contract, their focus is typically on memorializing their agreement and getting the deal done. As a result, they may not think critically enough about what will happen if the...more

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