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Arbitration Commercial Litigation

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 -
Mayer Brown

Arbitration Act 2025 in Force from 1 August 2025 – What You Need to Know

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On 1 August 2025, the Arbitration Act 2025 ("2025 Act") will come fully into force1.  The 2025 Act revamps the arbitration framework for England, Wales and Northern Ireland (through amendments to the Arbitration Act 1996)....more

Seyfarth Shaw LLP

Treatment of sovereign immunity under the laws of Hong Kong and mainland China

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On 1 January 2024, Foreign State Immunity Law of The People’s Republic of China (“FSIL”) came into effect, changing and clarifying the position of sovereign immunity under the laws of Hong Kong and mainland China....more

Haynes Boone

Arbitration in the Fifth – June 2025

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June 2025 saw opinions from the Fifth Circuit Court of Appeals addressing issues including the authority of a court to dismiss a case that had been stayed pending an arbitration and the sequence of decision-making when a...more

Kilpatrick

Eighth Circuit rules OptumRx waived arbitration of two year-old claims but delegated arbitrability of newly-pled claims to an...

Kilpatrick on

The Eighth Circuit partially reversed a district court ruling denying OptumRx, Inc. (“OptumRx”)’s motion to compel arbitration of Lackie Drug Store, Inc. (“Lackie”)’s putative class action, concluding OptumRx waived...more

Morgan Lewis

The Introduction of Commercial Courts and Commercial Chambers in Germany

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On April 1, 2025, the Act to Strengthen the Judicial System (Justizstandort-Stärkungsgesetz – Strengthening Act) came into force. This Act authorizes the federal states to establish specialized chambers for commercial matters...more

Blake, Cassels & Graydon LLP

Un tribunal albertain applique l’arrêt Petrowest pour suspendre un arbitrage en faveur d’une procédure de mise sous séquestre

Le 26 mai 2025, la Cour du Banc du Roi de l’Alberta (la « CBRA ») a suspendu un projet d’arbitrage en faveur d’une procédure de mise sous séquestre en cours dans l’affaire Mayfield Investments Ltd (Re). C’était la première...more

ArentFox Schiff

Navigating Mexican Judicial Reforms and the Importance of Arbitration for Businesses in 2025

ArentFox Schiff on

On June 1, Mexico held its first-ever national election to appoint judges from the lowest levels in the judicial hierarchy to the very highest, including the Mexican Supreme Court. In total, the 7,700 judges elected through...more

Awatif Mohammad Shoqi Advocates & Legal...

Dispute Resolution in the UAE: Litigation and Alternative Dispute Resolution.

In the UAE, disputes can be settled by two different methods. This method includes traditional court litigation and alternative dispute resolution (ADR) methods, such as arbitration and mediation. Each dispute resolution...more

BCLP

Is the Adjudication Process Unfair?

BCLP on

On 17 June 2025 the Adjudication Society held a panel discussion, hosted by BCLP, looking at whether the adjudication process is unfair to employers, main contractors or subcontractors or does it just feel that way....more

Foley & Lardner LLP

Mexico’s Judicial Reform: Why Arbitration is Now Essential for Protecting Your Business

Foley & Lardner LLP on

On June 1, 2025, Mexico implemented a sweeping Judicial Reform that changes the very foundation of how justice is administered in the country. Judges, magistrates, and justices are now chosen through popular elections—a major...more

Carlton Fields

Court Denies Vacatur of Zero-Damage Arbitration Award, Finding No Manifest Disregard of the Law

Carlton Fields on

The case involved a dispute between a medical device manufacturer and a purchaser. The petitioner, Northgate Technologies Inc., alleged that United States Endoscopy Group Inc. breached a requirements contract by purchasing...more

Porter Hedges LLP

Texas House Bill 40 Will Reshape the New Texas Business Courts

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On June 1, 2025, the Texas legislature passed HB 40, and Governor Greg Abbott signed it on June 21, 2025. The new law helps further define the jurisdiction of Texas’s Business Courts, originally established in 2023. This is...more

Baker Donelson

U.S. Fifth Circuit Firmly Shuts Courthouse Doors on Petitions to Vacate Arbitration Awards for "Manifest Disregard of the Law"

Baker Donelson on

The U.S. Court of Appeals for the Fifth Circuit in United States Trinity Energy Services., L.L.C. v. Southeast Directional Drilling, L.L.C., 135 F.4th 303 (5th Cir. 2025) ruled that "manifest disregard of the law" is not a...more

White & Case LLP

Efficiency And Effectiveness

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The behaviours that most negatively impact efficiency in arbitration include adversarial approaches by counsel (24%), lack of proactive case management by arbitrators (23%) and counsel over-lawyering (22%). Respondents called...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

JAMS

From 1925 to Today: How the FAA Transformed Dispute Resolution

JAMS on

In 1925, Congress enacted the Federal Arbitration Act (FAA) requiring courts to enforce agreements to arbitrate as valid contract provisions. Business communities and trade associations campaigned vigorously in support of its...more

Mayer Brown

SEASON 2: Galactic Justice: Navigating the Frontiers of Space Law

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In the first episode of season 2 of our ‘Across the Pond’ podcast, Charles and Kwadwo are joined by colleague Rachael O’Grady, arbitration partner and head of Mayer Brown’s Space & Satellite Group, as well as being joined...more

Bennett Jones LLP

Upending the Ground Rules: Proposed Major Overhaul of the Ontario Rules of Civil Procedure

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In September 2023, Chief Justice Morawetz of the Superior Court of Justice and Attorney General Doug Downey announced an initiative to undertake a comprehensive review of the Ontario Rules of Civil Procedure, with a view to...more

Carey Olsen

Freezing injunctions in Bermuda

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The Bermuda Supreme Court has power to grant a freezing injunction and/or a specific order for the detention, custody or preservation of any property which is the subject of a proprietary claim pursuant to section 19(c) of...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

Mandelbaum Barrett PC

Alternative Dispute Resolution Methods to Consider

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When legal disputes arise in the business world, taking the matter to court can often be time-consuming, expensive, and disruptive to business operations. Alternative dispute resolution (ADR) methods provide practical and...more

BCLP

Hong Kong Court Makes Security for Costs Order Against Mainland Parties With No Assets in Hong Kong

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In Y and Another v GI and Another [2025] HKCFI 1317[1], the Hong Kong Court of First Instance (“Court”) allowed the defendant’s application for security for costs against the plaintiffs in respect of the plaintiffs’...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

JAMS

Writing Persuasive Closing Briefs

JAMS on

11 essential tips to strengthen your final arbitration submission - Writing a strong closing brief is one of the most important steps in the arbitration process. The final submission to the arbitrator offers counsel an...more

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