The latest arbitration news


  • Recent UAE Federal Supreme Court Judgment on Ambiguity of Arbitration Clauses
    by Sally Kotb on 10/27/2020 at 08:23

    The UAE Federal Supreme Court has recently issued a judgment that tackles the ambiguity of an arbitration clause and the discrepancies between the English and Arabic translation of it. In the case in question, the arbitration clause was drafted in English and the issue arose as to whether or not the clause was explicit in The post Recent UAE Federal Supreme Court Judgment on Ambiguity of Arbitration Clauses appeared first on Global Arbitration News.

  • Swiss Supreme Court confirms that arbitral tribunal’s findings as to the parties’ actual and common intent to arbitrate are not part of its legal review
    by Dr. Valentina Hirsiger-Meier on 10/26/2020 at 09:23

    In a recent decision published on 18 May 2020, the Swiss Federal Supreme Court (“SFSC”) upheld an arbitral award in which the arbitral tribunal had declined jurisdiction in the absence of a valid arbitration agreement (case no. 4A_418/2019 (in German)). Factual background The reported dispute stems from a trilateral agreement for the construction of a The post Swiss Supreme Court confirms that arbitral tribunal’s findings as to the parties’ actual and common intent to arbitrate are not part of its legal review appeared first on Global Arbitration News.

  • IV St Petersburg Online Pre-Moot and FDI E-Conference
    by Brigitta John on 10/22/2020 at 08:27

    The IV St. Petersburg Online Pre-Moot and FDI E-Conference will take place from October 30-31, 2020. Teams participating in the Pre-Moot will get an opportunity to sharpen their oral presentations and legal arguments before the FDI Globals. If you would like to register as an arbitrator, you could do so via the link. The FDI The post IV St Petersburg Online Pre-Moot and FDI E-Conference appeared first on Global Arbitration News.

  • Setting-off or setting aside? Polish court holds that tribunal’s refusal to consider set-off violates Polish public policy
    by Aleksandra Zanowska on 10/21/2020 at 07:02

    The Appellate Court in Warsaw [Case No. VII AGa 804/19[1]] considered whether a narrow arbitration clause may be a reason for rejecting a set-off argument raised by a respondent in arbitration proceedings if the basis of the set-off claim is not covered by the arbitration clause. The Court found that in case of a set-off The post Setting-off or setting aside? Polish court holds that tribunal’s refusal to consider set-off violates Polish public policy appeared first on Global Arbitration News.

  • The Supreme Court in Enka v Chubb on the law applicable to the arbitration agreement – The buck stops here
    by Dogan Gultutan on 10/19/2020 at 07:17

    Introduction In Enka Insaat ve Sanayi AS (Respondent) v OOO Insurance Company Chubb (Appellant) [2020] UKSC 38, the UK Supreme Court dismissed Chubb’s appeal, affirming the Court of Appeal’s conclusion that the arbitration agreement (contained in an underlying agreement) was governed by English law (as the applicable curial law), not by Russian law (which Chubb The post The Supreme Court in Enka v Chubb on the law applicable to the arbitration agreement – The buck stops here appeared first on Global Arbitration News.

  • Sixth Circuit rules that arbitrator has to resolve the subject of “arbitrability”
    by Jacob Kaplan on 10/14/2020 at 10:55

    Piersing v. Domino’s Pizza, No. 19-2388 (6th Cir. June 17, 2020) [click for opinion] Plaintiff, Derek Piersing (“Piersing”) was an employee in the state of Washington for Defendant, Domino’s Pizza (“Domino’s”). Piersing accepted employment at a second Domino’s location and signed an arbitration agreement that specified that “all issues related to employment would be arbitrated The post Sixth Circuit rules that arbitrator has to resolve the subject of “arbitrability” appeared first on Global Arbitration News.

  • In With The New: The Amended LCIA Arbitration Rules
    by Dr. Markus Altenkirch on 10/12/2020 at 07:55

    The London Court of International Arbitration (LCIA) has recently amended its Arbitration Rules (available here) and Mediation Rules (available here). The amendments seek to embody recent trends and best practices that have emerged in the practice of international arbitration, particularly in light of the Covid-19 pandemic, which has resulted in an increase in virtual hearings The post In With The New: The Amended LCIA Arbitration Rules appeared first on Global Arbitration News.

  • District court partly vacates an arbitral award due to “manifest disregard” of the law
    by David Zaslowsky on 10/06/2020 at 12:36

    Warfield v. ICON Advisors, Inc., No. 3:20CV195-GCM (W.D.N.C. June 16, 2020) [click for opinion] In November 2017, Defendants ICON Advisors, Inc. and ICON Distributors, Inc. (“ICON”), terminated the at-will employment of Plaintiff James Warfield, a mutual funds wholesaler and North Carolina resident. As required by FINRA rules, ICON explained the reasons for Warfield’s termination in The post District court partly vacates an arbitral award due to “manifest disregard” of the law appeared first on Global Arbitration News.

  • English Commercial Court sets aside final award on jurisdiction for tribunal’s failure to identify the “real” party to arbitration agreement – beware of the agency principles!
    by Dogan Gultutan on 09/30/2020 at 07:27

    Introduction The English Commercial Court, in its recent judgment in MVV Environment Devonport Ltd v NTO Shipping GMBH & CO KG (MV Nortrader) [2020] EWHC 1371 (Comm), set aside a final award on jurisdiction (pursuant to section 67 of the English Arbitration Act 1996), holding that the tribunal had erred in ruling that a party The post English Commercial Court sets aside final award on jurisdiction for tribunal’s failure to identify the “real” party to arbitration agreement – beware of the agency principles! appeared first on Global Arbitration News.

  • Eleventh Circuit holds tort claims are within scope of arbitration clause; Panama Convention provides exclusive grounds for vacating arbitral award
    by Jacob Kaplan on 09/24/2020 at 09:34

    Earth Science Tech, Inc., v. Impact UA, Inc., No. 19-10118 (11th Cir. Apr. 14, 2020) [click for opinion] Earth Science, Tech, Inc. (“Earth Science”), a Florida-based distributor of cannobidoil (“CBD”)-rich hemp-oil products in the United States, entered into an exclusive distribution agreement with Cromogen Biotechnology Corporation (“Cromogen”), a Salvadoran company that supplies hemp-based biotechnology. Four The post Eleventh Circuit holds tort claims are within scope of arbitration clause; Panama Convention provides exclusive grounds for vacating arbitral award appeared first on Global Arbitration News.


أكتوبر 9, 2020

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