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In July 2025, the Fifth Circuit Court of Appeals considered enforcement of an arbitration agreement contained in an attorney representation agreement, and in Barnett v. Am. Express Nat'l Bank, the court of appeals reiterated...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
The Arbitration Act 2025, which received Royal Assent on 24 February 2025, has introduced a number of significant amendments to the Arbitration Act 1996 (which applies in England & Wales and Northern Ireland, but not in...more
In Iberdrola Energy Projects v. Oaktree Capital Management L.P., 231 A.D.3d 33, 216 N.Y.S.3d 124, the Appellate Division for the First Department ruled that a nonrecourse provision in a contract barred a plaintiff’s causes of...more
On 27 February 2025, the Court of Justice of the European Union (CJEU) issued a landmark decision (C-537/23) addressing the validity of asymmetric jurisdiction clauses under Article 25 of the Brussels Recast Regulation. While...more
Cannabis companies of all sizes have likely come across the issue of having to pursue badly behaved accounts receivable. What was once a time of prosperity has now turned into a business climate of pessimism and regret where...more
The English Commercial Court has handed down an important decision highlighting the approach adopted by the English court when there are competing jurisdiction and arbitration clauses (“Competing Clauses”) and the effect of a...more
In an unusual approach to cost recovery, Airbus has successfully applied for an order that costs incurred in proceedings before the English courts for final anti-suit and anti-enforcement injunctions be reserved so that it...more
In a recent judgment, the Singapore Court of Appeal had to decide whether a party could submit to the jurisdiction of an arbitral tribunal to determine an interim application, while at the same time maintaining its...more
Over two years ago, the United States Supreme Court divested the federal courts of jurisdiction over all but a few disputes concerning the confirmation or vacation of arbitration awards. Since then, the federal appellate...more
Following efforts by the Australian and Chinese governments to improve bilateral relations and restore trade in sectors significantly affected by COVID-19-era geopolitical tensions, we have seen a renewed interest in...more