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The Bombay High Court in the case of Nilesh Shejwal v Agrowon Agrotech Industries, has held that 'fraud is not arbitrable' is an archaic view. Such a view has now [...]

In Ledore Investments v Dixin Construction1,on an application for judicial review, the Ontario Divisional Court was asked to consider whether an adjudication under Ontario's Construction Act (the 'Act') should be [...]

The Bombay High Court, in the L&T Finance Limited v Diamond Projects Limited case, emphasized that the Court retains the power to provide interim relief under Section 9 of the [...]

In the arbitration concerning Mall of Scandinavia, the contractor has claimed compensation for additional costs incurred due to what are referred to as 'störningar i entreprenaden' [disruptions in the construction [...]

In advance of the new year, it may be of interest to see what lessons can be learned from rulings by the Supreme Court (HD) in 2023. Lindahl's dispute resolution [...]

Introduction In The Federal Republic of Nigeria v Process & Industrial Developments Limited [2023] EWHC 2638 (Comm),1 the High Court upheld a challenge to arbitral awards that had been obtained [...]

First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement. The Supreme Court has granted certiorari in Smith v. Spizzirri, No. 22-1218 [...]

Introduction The Arbitration and Conciliation Act, 1996', (hereinafter, 'the Act'), is the cardinal law for Indian arbitration. Indian arbitration law has been evolving due to economic volatility, dynamic contractual terms, [...]

In the recent decision in Unicredit Bank GmbH v RusChemAlliance LLC [2023] EWCA Civ 64, the English Court of Appeal (the Court) reversed the decision of the High Court at [...]

In Schickedanz v. Wagema Holdings Limited, 2023 ONSC 7219, the Ontario Superior Court of Justice dismissed an appeal of an arbitrator's costs award. The Court emphasized that there is a [...]

Litigants may be stuck with the choices they make in pursuing their rights under franchise agreements. In Breadeaux's Pisa, LLC v. Beckman Bros. Ltd., Breadeaux, a franchisor, and Beckman Brothers [...]

The recent judgment of 7 Judge Bench in the In Re: Interplay between Arbitration Agreements under the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899, the Court [...]

In R (E.ON Next Energy Ltd) v Gas and Electricity Markets Authority [2023] EWHC 2891 (Admin) the High Court interpreted alleged assurances that passed between the Claimant, a retail supplier [...]

Byline: Quincey Reese Sep. 5The owner of the clubhouse in Penn Township's Blackthorne Estates community made an effort to resolve a dispute with the golf course owner, according to amended [...]

KEY HIGHLIGHTS Supreme Court: Dissenting opinion of an arbitrator cannot be treated as an award if the majority award is set aside. Delhi High Court: When there are two interconnected [...]

On 20 September 2023, the UK Supreme Court (the 'Supreme Court') handed down an important judgment clarifying the proper approach to applications under section 9 of the Arbitration Act 1996 [...]

Emirates Shipping Line DMCES v Gold Star Line Ltd [2023] EWHC 880 (Comm) The question before the Court in this challenge under S67 of the Arbitration Act 1996 was whether [...]

'You raise the blade, you make the change, You rearrange me till I am sane.'1 Exercising the scalpel, the Delhi High Court in National Highways Authority of India v Trichy [...]

An arbitration panel ruled that the MyPillow founder had failed to pay a computer software expert who disproved his false election claims as part of a contest. Mike Lindell, the [...]

The Hong Kong Court of First Instance has set aside an HKIAC award on jurisdiction at the request of the claimant, overturning the tribunal's ruling that a party seeking to [...]

Why this decision matters In Difederico v Amazon.com, the Federal Court of Appeal of Canada (the 'FCA') upheld the decision of the Federal Court that stayed a class action in [...]

In this article, we consider the Ontario Superior Court's decision in Mattamy (Downsview) Limited v. KSV Restructuring Inc. (Urbancorp), 2023 ONSC 3012, and its implications for the limits to an [...]

At first blush, the title of this article may seem to not go well with the limited scope of scrutiny of an arbitral award under Section 34 of the Arbitration [...]

On June 21, 2023, the U.S. Court of Appeals for the Eleventh Circuit issued a unanimous opinion in Nuvasive, Inc. v. Absolute Med., LLC, No. 22-10214, 2023 U.S. App. LEXIS [...]

Herbert Smith Freehills has secured a landmark judgment from the Hong Kong Court of Final Appeal, with significant practical implications for thousands of commercial contracts. In C v D [2023] [...]

A division bench of the Hon'ble Supreme Court comprising of Hon'ble Justice M.R Shah and Justice Krishna Murari in Bhimashankar Sahakari Sakkare Karkhane Niyamita vs Walchandnagar Industries Ltd1, upheld the [...]

On June 23, 2023, a divided U.S. Supreme Court held that an interlocutory - or immediate - appeal from the denial of a motion to compel arbitration automatically stays litigation [...]

The recent Court of King's Bench of Alberta decision in 2329716 Alberta Ltd v. Randhawa [Randhawa] considered whether the court has jurisdiction to hear an interim injunction where the contracting [...]

1. INTRODUCTION On 17 May 2023, the division bench of the High Court of Delhi ('Court') in Kotak Mahindra Bank Limited vs. Narendra Kumar Prajapat1 held that an arbitral award [...]

Today the Supreme Court held that when a party files an immediate appeal of a federal district court order denying arbitration, the district court must stay its proceedings relating to [...]

The Government promulgated an ordinance on 3 May 2018, amending the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (Commercial Courts Act). The Commercial Courts [...]

The Court of Appeal for Ontario, in Russian Federation v. Luxtona Limited,1 recently affirmed that the UNCITRAL Model Law on International Commercial Arbitration - which is in force in Ontario [...]

Under the provisions of the Mauritian Civil Procedure Code ('the Code') which govern domestic arbitrations in Mauritius, the mandate of an arbitrator - if no time limit is fixed by [...]

In Simplicity & Vogue Retailing (HK) Co., Limited [2023] HKCFI 1443, the Hong Kong Companies Court (the 'Court') made a winding up order against the Company on the basis that [...]

Supreme Court of India1 Revisits Exclusion of Pre-Arbitration Negotiations in Computing Limitation for invoking Arbitration Factual Matrix On 27 March 2012 a contract was entered between M/S B AND TAG [...]

A division bench of the Bombay High Court ('Bombay HC') has in Palmview Investments Overseas Limited v. Ravi Arya & Ors.1 inter alia held that an infirmity with a board [...]

Introduction Section 34 of the Indian Arbitration and Conciliation Act, 1996 ('The Act') provides for the grounds for setting aside an arbitral award. However, it is important to note that [...]

Union of India (represented by the General Manager, NF Railway, Maligaon, Gauhati) & Ors v. Jyoti Forge & Fabrication Gauhati High Court | Arb. A/6/2022 Background facts The Appellant had [...]

Electek Power Services Inc v. Greenfield Energy Centre Limited Partnership, 2022 ONSC 894 (EPS) serves as a stark reminder to monitor and review purchase orders even during the course of [...]

In a recent decision, the Constitution Bench of the Supreme Court of India ('Supreme Court') answered issues referred to it in the case of M/s N.N. Global Mercantile Private Limited [...]

INTRODUCTION. Arbitration has gained significant importance as an alternative dispute resolution mechanism in India. It provides parties with an opportunity to resolve commercial disputes outside of the court system in [...]

1. INTRODUCTION On 25 April 2023, a Constitution Bench of the Supreme Court of India, in a reference from NN Global Mercantile Pvt Ltd v Indo Unique Flame Pvt Ltd1, [...]

Introduction After seven years of navigating separate provincial and federal regulatory processes and sourcing US$120 million in investments, GNL Québec Inc. (GNLQ)'s proposed liquefied natural gas (LNG) facility in Québec [...]

Why this case matters This is but the most recent case addressing the circumstances under which an arbitration award can be appealed. For a number of years, parties have disputed [...]

Online terms often govern the relationship between companies and their customers or end-users. At least, that's what they're intended to do. As we've highlighted in a recent blog, however, the [...]