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”)…
British Columbia is now the second Canadian province to modernize its international arbitration legislation by adopting the 2006…
On 16 May 2018, Global Arbitration Review published a report on the Netherlands newly published draft model BIT.…
What has changed? On 3 May 2018, the UAE published its first stand-alone Arbitration Law under Federal Law No. 6 of 2018. The UAE’s aim is to ensure access to a method of resolving cross-border disputes which is in line with international standards and best practices. The new Arbitration Law will repeal and replace the provisions of the arbitration chapter of the UAE Civil Procedures Law No. 11 of 1992 (the CPC). The new Arbitration…
“Creeping Americanization of international arbitration: is it the right time to develop inquisitorial rules of evidence?”[1] A session…
In a decision dated 15 June 2017, the French Cour de cassation held that an acknowledgment of the…
Vividus LLC v. Express Scripts, Inc., No. 16-16187 (9th Cir. Dec. 21, 2017) [click for opinion] Petitioners-Appellants Vividus, LLC f/k/a HM Compounding Services and HMX Services, LLC (collectively, “HMC”) and other individuals filed suit in New York state court against a number of pharmacy benefit managers, including Express Scripts and CVS/Caremark Corp., alleging violations of antitrust laws. The case was removed to the U.S. District Court for the Eastern District of New York, where the…
Approaching its twentieth anniversary, the modernization of the Swedish Arbitration Act (“SAA”) is closer than ever. Although the…
Leidos, Inc. v. Hellenic Republic, No. 17-7082 (D.C. Cir. Dec. 6, 2017) [click for opinion] The case arises…
Weirton Med. Ctr., Inc. v. Cmty. Health Sys., No. 5:15-cv-00132 (N.D.W. Va. Dec. 12, 2017) [click for opinion] Plaintiff Weirton Medical Center (“Weirton”), a hospital in West Virginia, entered into two related contracts with Defendant Quorum Health Resources, LLC (“Quorum”), for administrative services intended to assist Weirton in a financial turnaround (the “Interim CFO Agreement” and the “Turnaround Agreement”). Before the engagement term under the Turnaround Agreement was to end, Weirton terminated the Agreement and…