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The decision in Aroma Franchise Company, Inc v Aroma Espresso Bar Canada Inc., 2024 ONCA 839, reshapes the disclosure obligations of Arbitrators, specifically when appointed for multiple cases by the [...]

Content Introduction England and Wales perspective Singapore perspective Malaysian perspective Hong Kong perspective Australian perspective Conclusion Introduction The Privy Council has considered an appeal from the Court of Appeal of [...]

When the world's largest crypto exchange faces a class action over allegedly illegal securities sales, the stakes aren't just financial -- they are also about how the dispute will be [...]

Introduction Section 29A(4) of the Arbitration and Conciliation Act, 1996 (for brevity 'the Act') stipulates that the mandate of the arbitral tribunal shall be terminated if the arbitral award is [...]

To read or download the article, please click the following link. Dispute-Regarding-the-Existence-of-Foreign-Elements-in-Contractual-Relationships Download Case Name: Dispute Regarding the Existence of Foreign Elements in Contractual Relationships Resource: https://www.viac.vn/thu-tuc-trong-tai/075-%7C-xac-dinh-yeu-to-nuoc-ngoai-trong-quan-he-hop-dong-%C2%A0-a218.html Facts: Company B, [...]

Amidst the disciplinary proceedings referred to an independent commission by the Premier League (the 'League') in respect of alleged breaches by Manchester City Football Club ('City') of the League's financial [...]

SUMMARY The Dubai International Financial Centre ('DIFC') court in Narciso v Nash has confirmed the validity of an agreement providing for arbitration under the now defunct DIFC-LCIA, endorsing another recent [...]

In the case of Dalmia Family Office Trust v. Getamber Anand1, the Delhi High Court dealt with a significant issue concerning delay tactics and the misuse of procedural mechanisms in [...]

In a recent judgment in Agarwal Associates (Promoters) Ltd. v. Sharda Developers1 the Delhi High Court, while dismissing the petitions filed by Agarwal Associates, reinforced the limited scope of judicial [...]

In FLFL Travel Retail Lucknow Private Limited v. Airports Authority of India1, the Delhi High Court addressed significant procedural lapses in the arbitration process, particularly concerning the arbitrator's failure to [...]

Since the Supreme Court of Canada's decision in RJR-MacDonald Inc. v. Canada1, the legal test for granting or denying an interlocutory injunction has been a generally stable and settled area [...]

Recently on 30th August 2024, a 5-judge Constitution Bench of the Hon'ble Supreme Court (SC) in Central Organisation for Railway Electrification v. M/s. ECI SPIC SMO MCML (JV) (CORE 2)1 [...]

In 1973, Major League Baseball ('MLB') established baseball arbitration, or BBA as a unique process for resolving salary disputes between teams and players within their first six years in the [...]

Altenburger Ltd. legal + tax successfully represented a Chinese creditor in obtaining recognition and enforcement of a Chinese CIETAC award against a Swiss domiciled debtor over a 7-figure loan. In [...]

In the recent case of Rohan Builders vs. Berger Paints1 ('Rohan Builders Case'), the Hon'ble Supreme Court of India ('Supreme Court') has conclusively settled the long-standing issue concerning the time [...]

Overview In RH20 North America Inc. v. Bergmann, the Ontario Court of Appeal affirmed that a motion to strike arbitrable claims amounts to a waiver of the right to arbitrate [...]

The Supreme Court of India (Supreme Court) recently in the case of Rohan Builders (India) Private Limited vs. Berger Paints India Limited (Civil Appeal a/o. SLP (C) No. 23320 of [...]

Kasımlar Hydroelectric Power Plant (HPP), that was planned in 2012 amid debates about its potential damage to the environment and tourism economy, continued to remain a topic of discussion even [...]

The Supreme Court, in a recent case of Rohan Builders v Berger Paints, has held that an application for an extension of the time period for passing an arbitral award [...]

INTRODUCTION TO FOREIGN ARBITRAL AWARDS Structured procedures are followed by parties in arbitration, much like in court action. A binding 'award' is produced via arbitration to settle disagreements between the [...]

In Rohan Builders (India) Private Limited v Berger Paints India Limited1, the Supreme Court of India held that an application to extend the time for making an arbitral award in [...]

Bottom Line On August 24, 2024, the Canada Industrial Relations Board (the 'Board') imposed binding arbitration on Canadian National Railway ('CN'), Canadian Pacific Kansas City ('CPKC'), and the Teamsters Canada [...]

INTRODUCTION Arbitration, as an alternative dispute resolution mechanism, has gained prominence in India, particularly after the enactment of Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Act'). One of [...]

Introduction For quite some time now, Section 29A of the Arbitration & Conciliation Act, 1996 (hereinafter 'the Act') has been a much contentious & debated issue in the Indian Arbitration [...]

Introduction The influence of celebrities in India is unmatched, they are considered larger than life and celebrated as 'heroes'. Resultantly, it does not come as a surprise that the estimated [...]

In a rare successful application under s.68 of the Arbitration Act, the Commercial Court recently set aside an arbitral award for apparent bias on the part of an arbitrator. In [...]

Section 12A1 of the Commercial Courts Act, 2015 ('Act') had introduced the mandate to exhaust the remedy of Pre-Institution Mediation in a commercial suit not contemplating any urgent relief. An [...]

The long-standing dispute between Zee Entertainment Enterprises Limited ('ZEEL') and Sony Pictures Television ('SPNI') over the proposed merger of their businesses has finally reached a resolution. With the course of [...]

In a highly anticipated ruling published last month, the U.S. Court of Appeals for the D.C. Circuit ruled in NextEra Energy v. Spain1 that U.S. district courts have jurisdiction to [...]

Introduction The present article provides a summary of the judgment passed by the High Court of Delhi in the case of Union of India vs. Rishabh Constructions Pvt. Ltd.1. The [...]

Introduction The Delhi High Court delivered an important judgment in the case of Delhi Skills Mission Society (DSMS) vs. Samuel Foundation Charitable India Trust (SFCT)1. The case revolves around a [...]

This case is one of the few instances where a High Court exercised it's jurisdiction under Article 226 of the Constitution to interfere with an arbitrator's order. In this article [...]

This Article aims to point out some simple but to the point and very useful tips which can be taken into account by the arbitration practitioners and in-house counsels during [...]

Art. 1 (3), 10, 25, 26 ECT, Art. 30, 31., 41. YCLT, Art. 267, 351 TFEU, Art. 190(2) PILA Swiss Supreme Court, Decision of 3 April 2024, Spain u. EDF,4A_244/2023 [...]

INTRODUCTION On 26 March 2021, Zhongshan Fucheng Industrial Investment Co. Ltd ('Zhongshan') obtained an arbitral award in the sum of about $USD70 million against the Federal Republic of Nigeria ('Nigeria'). [...]

Under Paragraph 11, Article 18/A of the Code of Mediation in Civil Disputes, parties who failed to attend the first mediation meeting without a valid excuse were responsible for all [...]

Arbitration is an important mechanism for resolving mining disputes, which are often complex, high-stakes disputes involving tens of millions of dollars or more. As a prime example of a company [...]

INTRODUCTION: The Supreme Court of India considered the nuances of Section 32(2) of the Arbitration & Conciliation Act, 1996 (the 'Arbitration Act') in relation to abandonment of claims in arbitral [...]

Arbitration has increasingly become a preferred method for resolving commercial disputes due to its efficiency, confidentiality, and the finality of arbitral awards. However, like any legal process, arbitration is subject [...]

With Decision No. 6196 of May 24, 2024, the Coordination Panel of the Financial Banking Arbitrator clarifies the starting point from which to calculate the prescription periods for the BA [...]

Justice N Kotiswar Singh, recently appointed as a Supreme Court Judge, delivered a landmark judgment in his capacity as the Chief Justice of the Jammu and Kashmir High Court. The [...]

In M/s. Balmer Lawrie & Co. Ltd. ('Applicant/Petitioner') v. M/s. ShilpiEngineering Pvt. Ltd. ('Respondent') [IA (L) No. 779/2024 in Commercial Arbitration Petition No. 1131/2018], the Bombay High Court ('the Court')recently [...]

In a recent judgment in KTC India Pvt. Ltd. v. Randhir Brar1 the High Court of Delhi ('High Court') examined an important issue concerning the jurisdictional bounds of a Court [...]

In a recent decision in Murali Lal Agarwal v. KMC Construction Ltd.1 the High Court of Delhi ('High Court') examined the legal framework for incorporating an arbitration clause from an [...]

In a recent decision, in RBCL Piletech Infra v. Bholasingh Jaiprakash Construction Limited1 the High Court of Delhi ('High Court') decided a petition ('Petition') under Section 11(6) of the Arbitration [...]

DMH Stallard LLP act for the claimant in the recent #arbitration case of Mordchai Ganz v (1) Petronz FZE (2) Abraham Goren [2024] EWHC 635 The recent Judgment of Moulder [...]

On July 17, 2024, McCarthy Tétrault's National Appellate Litigation Group hosted our Appellate Quarterly webinar, featuring five recent appeals of interest to the business community. Partners Christine Wadsworth, Isabelle Vendette, [...]

A warning to all consumer-facing businesses: the UK's Court of Appeal has upheld the enforcement of a US$64 million Hong Kong-seated arbitration award against a Mrs Zhang, rejecting her argument [...]

A robust arbitration clause is necessary to ensure an enforceable framework for dispute resolution in any contract. The recent decision of the Hon'ble Supreme Court of India (the 'Supreme Court') [...]