In re Servotronics, Inc., No. 2:18-mc-00364-DCN (D.S.C. Nov. 6, 2018) [click for opinion] Plaintiff Rolls-Royce manufactured an engine that contained a valve made by Defendant Servotronics. The engine was incorporated into a plane made by Boeing. During testing on the plane, a piece of metal got lodged in the valve, and a fire occurred in the engine that damaged both the engine and the plane. Boeing maker sought compensation from Rolls-Royce. Rolls-Royce settled the claim…
The ICC committed itself to make arbitration proceedings more efficient and transparent. To reach this objective, the institution…
A new generation of legal analysis tools is emerging. All of them rely on innovative use of data,…
When multiple international commercial arbitration proceedings are initiated between the same parties, does the court have jurisdiction to consolidate the proceedings without the consent of all the parties? Two decisions of the Alberta Court of the Queen’s Bench recently gave opposite answers to this question, and this is not the first time the court has been split on this issue. At the core of this debate are differing interpretations of section 8(1) of the International…
The never-ending clash between the Civil Law and Common Law traditions in international arbitration took center-stage once again…
Article 111(7) of the Italian Constitution grants parties with the right to file an extraordinary appeal with the…
On 1 November 2018, the revised HKIAC Arbitration Rules entered into force (see GAN: New HKIAC Administered Arbitration Rules further enhance efficiency of arbitrations). HKIAC has followed a recent trend in international arbitration and has introduced a provision providing for “Early Determination Procedures”. Under the new Article 43 a party may seek an early decision of the tribunal on factual or legal issues. Article 43(1) provides: The arbitral tribunal shall have the power, at the…
The Hong Kong International Arbitration Centre (HKIAC) has announced that the new version of its Administered Arbitration Rules…
On July 26, 2018 Law No. 27,449 on International Commercial Arbitration (“LACI” for its Spanish acronym), was published…
In April 2018, the Court of Appeal issued its decision in Halliburton Company v (1) Chubb Bermuda Insurance Ltd (2) [M] (3) [N] (4) [P] [2018] EWCA Civ 817, in which Halliburton applied sought M’s removal on the grounds that circumstances existed that gave rise to justifiable doubts as to M’s impartiality under section 24(1)(a) of the Arbitration Act 1996 (the “AA 1996”) The overall factual backdrop is the Deepwater Horizon disaster. Halliburton Company (“Halliburton”)…