What is the most efficient alternative, i.e. out of court, way to settle disputes? Arbitral institutions provide many options to the parties: “normal” arbitration, expedited arbitration, mediation, multi-tier dispute resolution providing for both mediation and arbitration … A relatively recent option was presented by the Singapore International Arbitration Centre (SIAC) and the Singapore International Mediation Centre (SIMC). In November 2014, the SIAC and the SIMC introduced so-called hybrid proceedings called Arb-Med-Arb, i.e. Arbitration-Mediation-Arbitration. In the…
Autoridad del Canal de Panama v Sacyr SA and others [2017] EWHC 2228 (Comm) and [2017] EWHC 2337…
On 8 November, the SCC announced on its website (click here to view the announcement) that as of…
At the end of October, both, ICC and LCIA, introduced revised practice notes. Aiming to increase efficiency of the proceedings the ICC amended its 30-page “Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration”. The ICC added a section “Expeditious Determination of Manifestly Unmeritorious Claims or Defenses”. The practice note is available on the ICC’s website (click here to view the practice note). The relevant part…
As the NAFTA withdrawal rhetoric heats up, it would be prudent to determine whether your company has any…
Hunt v. Moore Bros., 861 F.3d 655 (7th Cir. 2017) Attorney Jana Yocum Rine represented plaintiff James Hunt…
On 1 September, a task force of the ICCA and the Queen Mary School of International Arbitration published a draft report on third party funding. The draft report is still available for public comment until 31 October 2017. A final report will be launched in April 2018. In the following, we want to give a quick overview of the 177-page report which can be downloaded here. Pursued objectives of the report are, on the one…
Recent actions undertaken by the Supreme Court of India could signal a sea change in India’s approach to…
In the recent anonymised judgment of P v Q and others [2017] EWHC 194 (Comm), the England &…
Two years after its noted decision enforcing an annulled award in the Pemex[1] case, the Second Circuit again took up the issue of enforcement of an annulled award. This time, noting different facts, the Second Circuit affirmed a District Court’s decision to not enforce an annulled award that had been annulled after the original judgment of confirmation. The circumstances of this case are unique: The award was originally enforced in two secondary jurisdictions (the U.S.…