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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
Under CPLR 7502(c), a court in “the county in which an arbitration is pending…[is permitted to] entertain an application…for a preliminary injunction in connection with an arbitration that is pending or that is to be...more
A warning to all consumer-facing businesses: the UK’s Court of Appeal has upheld the enforcement of a US$64 million Hong Kong-seated arbitration award against a Mrs Zhang, rejecting her argument that she was protected by the...more
The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format will reflect McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more
The recent decision of the BVI Commercial Court (the "Court") (the Hon. Justice Ingrid Mangatal (Ag.)) in Kenworth Industrial Limited v Xin Gang Power Investments Limited BVIHCOM 2023/0006 has provided clarity on the...more
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
The leading English authority on arbitrator impartiality is the case of Halliburton Co v Chubb Bermuda Insurance Ltd [2021] AC 1083, a well-known case in which K&L Gates acted for Halliburton. Halliburton v Chubb clarified...more
By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming...more
In Eternity Sky Investments Ltd v. Zhang,[1] the Commercial Court refused an application to set aside an enforcement order in respect of an award made in a Hong Kong-seated arbitration on the grounds that enforcement would be...more
A recent Singapore International Commercial Court ("SICC") decision considered the extent to which an arbitral tribunal can exclude evidence after a specified date. It is often said that arbitral tribunals are the masters...more
In MUR Shipping BV v RTI Ltd the English Court of Appeal has overturned by majority the judgment of the Commercial Court in MUR Shipping BV v RTI Ltd [2022] EWHC 467 (Comm) and provided fresh guidance on when alternative...more
Features of the New CFA Framework - From 4 May 2022, lawyers in Singapore can enter into CFAs with clients for international and domestic arbitration proceedings (including arbitrations conducted under the SIAC rules) and...more
The Commercial Court of England and Wales has outlined limitations of the doctrine of “separability,” i.e., the notion that an arbitration agreement within a commercial contract is distinct from the main contract itself, in a...more
The recent Commercial Court decision in Tenke Fungurume Mining S.A. v Katanga Contracting Services S.A.S. highlights the very broad discretion that arbitrators have when it comes to making decisions concerning the conduct of...more
British Virgin Islands (“BVI”) companies are widely used as corporate vehicles for joint ventures in Asia, especially at their pre-listing stage. There are over 450,000 active BVI companies set-up by users around the world....more
In recent years, the New York court system has endorsed alternative dispute resolution (“ADR”) as a way to increase efficiency in the court system, making ADR presumptive in most civil cases. As a pioneer of efficiency, the...more
In a recent Commercial Division case, Justice Elizabeth H. Emerson was asked to determine whether certain parties were bound by an arbitration clause and whether that arbitration clause applied to a particular controversy—two...more
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
The recent case of CVLC Three Carrier Corp & Anor v Arab Maritime Petroleum Transport Company [2021] EWHC 551 (Comm) is a rare example of a successful challenge under section 69 of the Arbitration Act 1996 (Act). Section 69...more
In December 2020, the New York Law Journal commented on the measures the New York State court system would enact to handle the recent $300 million budget cut. These measures included “adopting a strict hiring freeze,...more
SUMMARY - In Helice Leasing S.A.S. v PT Garuda Indonesia (Persero) TBK [2021] EWHC 99 (Comm), the English Commercial Court has interpreted conflicting dispute resolution provisions and ordered a stay of court proceedings in...more
The decision clarifies the circumstances under which an arbitral award might be challenged. A recent decision by the English Commercial Court indicates that failure to comply with a precondition to arbitration (such as an...more
On 15 February 2021, the English Commercial Court in Republic of Sierra Leone v. SL Mining Ltd [2021] EWHC 286 (Comm) ruled on the effect of non-compliance with a multi-tier dispute resolution provision. The decision settles...more
The UK Supreme Court has released its much-anticipated decision in the Deepwater Horizon case between Halliburton v Chubb. The appeal concerns the arbitrator’s duty of impartiality, the duty to give disclosure of other...more
In April 2020 and following an inconsistent approach by the English courts to the question of which law governs an arbitration agreement, the English Court of Appeal held in Enka Insaat Ve Sanayi AS v. OOO “Insurance Company...more