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International arbitration provides a binding, neutral, and consensual process for resolving contractual disputes between parties, often resulting in resolutions that are quicker, cheaper, more private, and more controllable than litigation [...]

An arbitration process can only proceed with a valid arbitration agreement in place. When such an agreement suffers from flaws or lacks essential elements, or there's uncertainty regarding the parties' [...]

Introduction On 11 January 2023, the Austrian Supreme Court (Oberster Gerichtshof, OGH) handed down an order1 in which it dealt with the procedural aspects of challenging arbitral awards. The OGH [...]

Introduction: The Supreme Court of India (SC) in a very recent case of Amazon.Com NV Investment Holdings LLC v Future Retail Limited & Ors has upheld the enforcement of an [...]

Originally published at irvinschein.com. It has been commonplace to include arbitration clauses in commercial agreements. The benefits of arbitrating disputes rather than litigating over them are well known. Arbitrations are [...]

In a recent judgment passed by the Bombay High Court in the matter of Bennett Coleman & Co Limited vs MAD (India) Private Limited it has been held that any [...]

A client embroiled in an employment dispute with a former employee once asked me if we could force the employee into arbitration. So, I asked the client for a copy [...]

In Oberstein v. Live Nation Ent. Inc. No. 21-56200 (9th Cir. Feb. 13, 2023), the Ninth Circuit addressed the question of whether the arbitration and class action waiver clauses on [...]

Many companies require their employees to agree to arbitrate disputes about working conditions. But what happens if a government agency intervenes on behalf of an employee; is that agency also [...]

It's not uncommon for elderly persons to designate younger relatives to make health care decisions on their behalf. Does this authority include the right to sign an arbitration agreement if [...]

On February 15, 2023, the federal Ninth Circuit Court of Appeals ruled that California's statute prohibiting employers from requiring mandatory arbitration agreements as a condition of hire or continued employment-Assembly [...]

The author of this article attempts to map the scope and principle of judicial intervention at the stage of appointment of arbitrators under Section 11 of the Arbitration and Conciliation [...]

The short answer is a resounding, Yes! Many of our blogs that cover sweepstakes rules often focus on the material provisions that should be contained in contest rules, including, eligibility, [...]

Ohio Public Records Law The State Ex Rel. Ames, Appellant, v. Baker, Dublikar, Beck, Wiley & Mathews et al., Slip Op. 2022-Ohio-3990. In this mandamus action to the Ohio Supreme [...]

On November 10, 2022, the Supreme Court of Canada (SCC) issued its much-anticipated decision in Peace River Hydro Partners v Petrowest Corp, 2022 SCC 41, addressing a key intersection of [...]

Standard Position - De facto parties in arbitration Arbitration is a consensual submission to a dispute resolution mechanism where parties agree to be bound by a third party's (arbitrator) ruling. [...]

This week, the Court considers the fair use defense to copyright infringement and addresses the proper venue for petitions to enforce arbitral summonses. McGUCKEN v. PUB OCEAN LIMITED The Court [...]

Arbitration, as an effective alternative dispute resolution mean, is actively used by parties to legal relations, in particular by foreign investors. An arbitration agreement is a prerequisite for arbitration and [...]

The United Nations General Assembly adopted the Convention on International Settlement Agreements Resulting from Mediation ('the Singapore Convention') on 20 December 2018, which was signed by Turkey on 07 August [...]

Florida Supreme Court: Adopting Arbitration Rules That Empower Arbitrators to Decide Arbitrability Constitutes 'Clear and Unmistakable' Evidence of Agreement to Delegate Highlights The Florida Supreme Court on March 31, 2022, [...]

Seyfarth Synopsis: On March 17, the House of Representatives passed the 'Forced Arbitration Injustice Repeal Act of 2022' or the 'FAIR Act,' which would ban the use of mandatory arbitration [...]

On a rare occasion, the Court of First Instance has set aside an enforcement order for a Mainland award (made under the auspices of the Zhanjiang Arbitration Commission) on the [...]

China Europe International Business School (中欧国际工商学院) v. CEIBS Publishing Group and others (the 'Petition') On 22 November 2021, the Hong Kong Court of First Instance stayed a winding-up petition brought [...]

Arbitration analysis: An arbitration provision contained conditions precedent to the commencement of arbitration. These conditions were not met and arbitration was commenced in any event. The jurisdiction of the tribunal [...]

Who decides whether parties to an arbitration agreement have to arbitrate their dispute? If there's a delegation clause, it'll be the arbitrator-unless a party specifically challenges the delegation clause. The [...]

INTRODUCTION The recommendation of the Law Commission of India in its 246th Report1, culminated into the insertion of a proviso to section 2(2) of the Arbitration and Conciliation Act, 1996 [...]

On September 15, in a decision long-anticipated by California employers, the Ninth Circuit upheld Assembly Bill (A.B.) 51, a law that prohibits employers from requiring employees to sign arbitration agreements [...]