News & Analysis as of

Arbitration Foreign Arbitral Awards Arbitration Agreements

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 -
BCLP

HK Court Relies on Deemed Service Clause to Dismiss a Setting-aside Application to Enforce an Arbitral Award

BCLP on

In CC v AC [2025] HKCFI 855 (Date of Decision: 27 February 2025), the Hong Kong Court of First Instance (“Court”) dismissed an application to set aside an order to enforce an arbitral award. The main basis of challenge...more

Carlton Fields

Court Follows Fifth Circuit Precedent in Enforcing Unsigned Insurance Arbitration Agreement Under New York Convention

Carlton Fields on

The insured argued that the arbitration agreement at issue was not enforceable under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards because the agreement was not signed by both parties and...more

Troutman Pepper Locke

Eleventh Circuit Joins Others on Applicability of Domestic FAA Grounds to Vacate Nondomestic Arbitration Awards

Troutman Pepper Locke on

Earlier this year the Eleventh Circuit Court of Appeals joined the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth, and D.C. circuits in the much-anticipated en banc decision of Corporacion AIC, SA v. Hidroelectrica Santa...more

Carlton Fields

Second Circuit Affirms Order Denying Application to Adjourn Enforcement of Arbitration Award Pending Outcome of Parallel Foreign...

Carlton Fields on

In Iraq Telecom Ltd. v. IBL Bank S.A.L., defendant IBL appealed an order from the district court that denied its application to stay the enforcement of a $3 million arbitration award rendered in favor of plaintiff Iraq...more

Hogan Lovells

Consumer rights claim: Online NFT contract governed by New York law and arbitration - is it fair?

Hogan Lovells on

The English Court of Appeal in its recent decision in Amir Soleymani v Nifty Gateway LLC v The Competition and Markets Authority [2022] EWCA Civ 1297, held that claims by a high net worth individual that an online auction...more

Hogan Lovells

Rising to the top – Hong Kong Court of Appeal rules that escalation clauses compliance queries are best left to arbitrators -...

Hogan Lovells on

The Hong Kong Court of Appeal has confirmed that arguments over "escalation clauses" – multi tiered dispute resolution provisions which require negotiation or mediation before formal proceedings can be commenced – should be...more

K&L Gates LLP

UAE Law on the Signing of Arbitral Awards

K&L Gates LLP on

SUMMARY - On 21 April 2022, the Dubai Court of Cassation (Court of Cassation) issued its judgment in Case No. 109/2022, in which it confirmed that the United Arab Emirates (UAE) procedural law of arbitration, set forth in...more

Hogan Lovells

American built – Hong Kong court dismisses application to set aside leave to enforce U.S. award

Hogan Lovells on

A Hong Kong court has dismissed an application to set aside leave to enforce an arbitral award issued by the American Arbitration Association in Los Angeles. The court said it was impossible to find on the available evidence...more

Hogan Lovells

Paris Arbitration Week recap: Human Rights, ESG, and Arbitration at a crossroad

Hogan Lovells on

As part of Paris Arbitration Week, on 31 March 2022, Hogan Lovells hosted a hybrid in-person lunch and webinar titled “Human Rights, ESG and Arbitration at a Crossroad,” a topic which is gathering increasing relevance as...more

Akin Gump Strauss Hauer & Feld LLP

Another Award Set Aside—Excessive Jurisdiction

Parties to complex international arbitrations should take note. It is critically important to ensure that requests for relief in the written phases of the proceedings accurately capture all relief being sought. Late or...more

Carlton Fields

SDNY Rules Non-Signatories to Agreement May Compel Signatory to Arbitrate Issues of Arbitrability

Carlton Fields on

Plaintiffs, the Republic of Kazakhstan and Outrider Management LLC, filed suit in New York state court claiming the defendants conspired to obtain a fraudulent international arbitral award against them of nearly $500 million....more

BCLP

Split dispute resolution clauses: a recent example

BCLP on

In a recent judgment (Construction Company v Guarantor [2021] HKCFI 2558, judgment date: 17 August 2021), a Hong Kong court upheld a U.S. arbitral award made pursuant to a split dispute resolution clause. In dismissing the...more

Fox Rothschild LLP

Petition Seeks Supreme Court Review Of Standard For Determining Federal Court Jurisdiction Over Motions To Confirm Or Vacate...

Fox Rothschild LLP on

An employee of a Louisiana financial service company who lost in an employment-related arbitration is asking the U.S. Supreme Court to resolve an arbitration-related issue that has divided the circuit courts: Do federal...more

Akin Gump Strauss Hauer & Feld LLP

Enka v Chubb: The Nuanced Presumptions "Test" on the Law of Arbitration Agreements

The United Kingdom Supreme Court in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb has now resolved the question: which system of national law governs the validity and scope of an arbitration agreement when the law...more

Miller Canfield

U.S. Supreme Court Rules That Nonsignatory to International Arbitration Agreement May Compel Arbitration

Miller Canfield on

Can your business be compelled to defend an international arbitration brought by an entity with whom you never agreed to arbitrate? On June 1, 2020, a unanimous United States Supreme Court answered this question in the...more

Mintz - Arbitration, Mediation, ADR...

“Two-Tier” Arbitration: Progress in Enforcement of International Arbitral Awards in India

Here is reason for hope for those who face with trepidation the prospect of enforcing an international arbitration award in India. On June 2, 2020, the Supreme Court of India (“ISC”) confirmed the enforceability there of a...more

Carlton Fields

District Court Enforces Mandatory Arbitration Clause, Despite State Law Prohibiting Such Provisions in Insurance Contracts

Carlton Fields on

Defendants, Certain Underwriters at Lloyd’s and its third-party claims administrator, CJW & Associates, sought to enforce a mandatory arbitration clause in a Lloyd’s policy issued to the plaintiffs. ...more

Carlton Fields

Eleventh Circuit Clarifies Standard for New York Convention’s Public Policy Defense to Foreign Arbitration Awards

Carlton Fields on

The dispute involved an arbitration related to alleged medical malpractice by doctors selected by Carnival Cruise Lines to treat a wrist injury of a Serbian employee of Carnival. The employee’s employment agreement with...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Supreme Court and Evolving Arbitration Jurisprudence

The U.S. Supreme Court’s 2018 term was a busy one for arbitration, with the Court issuing rulings in three cases addressing questions of the reach and interpretation of the Federal Arbitration Act (FAA). The Court has already...more

19 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide