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Why Portugal - Dispute Resolution
Tuesday, November 13, 2018 7:00 PM
The Portuguese judicial system is divided in two jurisdictions: the civil jurisdiction and the administrative jurisdiction. In both courts are divided

Queensland Government Bulletin - 13 November 2018
Monday, November 12, 2018 7:00 PM
The Honourable Yvette D'Ath congratulated Rebecca Treston QC on being elected President of the Bar Association of Queensland on Friday. Ms Treston was

An unsigned arbitration agreement is not a bar to arbitration
Monday, November 12, 2018 7:00 PM
In its recent decision in the matter of Ms Caravel Shipping Services Private Limited v Ms Premier Sea Foods Exim Private Limited (C.A. No

ICA Incorporation Clauses: An update
Monday, November 12, 2018 7:00 PM
Readers will recall from Reed Smith’s recent blog that concerns have been raised regarding common Inter-Club Agreement (ICA) incorporation clauses. A

Arbitrator’s decision finding Ontario insurer required to pay Ontario benefits under its Nunavut policy upheld by ONSC
Monday, November 12, 2018 7:00 PM
Insurer of vehicle involved in motor vehicle accident in Nunavut required to pay Ontario statutory accident benefits to occupant of vehicle insured in

Is Plain or Standardised Packaging for Tobacco Products a Harbinger of the Future Facing Fatty Foods, Alcohol Products and Sugared Drinks?
Monday, November 12, 2018 7:00 PM
On 31 October 2018, Singapore's Ministry of Health issued a proposal to introduce plain packaging for tobacco products in 2020. This came on the

Daesang v. NutraSweet
Monday, November 12, 2018 7:00 PM
On September 27, 2018, the New York Appellate Division, First Department, reaffirming New York’s pro-arbitration policy and the limits of judicial

New Paths for Hungarian Arbitration
Sunday, November 11, 2018 7:00 PM
On 1 January 2018 a number of new Hungarian procedural codes came into force, including the new Civil Procedure Code and the Act on Arbitration. These

中国首例比特币仲裁案一锤定音比特币之财产属性
Sunday, November 11, 2018 7:00 PM
区块链作为一种新兴技术出现其带来的影响和作用一直备受各国瞩目数字货币作为区块链的衍生领域在受到全球热捧的同时

7th Cir. Holds Debt Collector Waived Arbitration by ‘Gratuitous Delay’
Sunday, November 11, 2018 7:00 PM
The U.S. Court of Appeals for the Seventh Circuit held that a defendant waived its right to arbitrate due to its “gratuitous delay” in seeking

Belgium: Arbitration Clause in Agreements with FIFA and UEFA held Invalid
Sunday, November 11, 2018 7:00 PM
The Court of Appeal in Brussels has recently handed down an important ruling on the validity of arbitration clauses. Under Belgian law, any dispute

Cтрахові спори: огляд практики Верховного Суду
Sunday, November 11, 2018 7:00 PM
Більшість страхових спорів, які були розглянуті Верховним Судом у 2018 р., складають спори про відшкодування шкоди (стягнення страхового

Provisions Limiting Relief and Requiring Strict Confidentiality Doom Arbitration Agreement
Sunday, November 11, 2018 7:00 PM
The Court of Appeal has invalidated an arbitration agreement between a law firm and its "partner" because the agreement restricted the scope of

Epic fails bei Restrukturierungen 4: Kein Background-Check vor der Einigungsstelle
Sunday, November 11, 2018 7:00 PM
Die Verhandlungen mit dem Betriebsrat stocken seit längerem. Der Zeitplan, der von der Geschäftsführung gesetzt wurde, ist eng. In dieser Situation

11th Circuit Finds Homeowners Bound By “Shinglewrap” Arbitration Agreement, Shuts Down Class Action
Saturday, November 10, 2018 7:00 PM
In an opinion that coins new terms and uses the insouciant tone of a blogger, the 11th Circuit just shut down a putative class action brought by

Brexit: Cross-border dispute resolution implications- October 2018
Saturday, November 10, 2018 7:00 PM
On 29 March 2017, the UK government served formal notice under Article 50 of The Treaty on European Union to terminate the UK's membership of the EU

Why collaborative divorce and not mediation?
Saturday, November 10, 2018 7:00 PM
Mediation is very popular in society. When individuals think about settling their divorce outside of court, most resonate with the idea of mediation

中国首例比特币仲裁案一锤定音比特币之财产属性
Thursday, November 8, 2018 7:00 PM
区块链作为一种新兴技术出现其带来的影响和作用一直备受各国

Austria: The Jewel in the Crown
Thursday, November 8, 2018 7:00 PM
Pursuant to Article 267 of the Treaty on the Functioning of the European Union ("TFEU"), the Court of Justice of the European Union ("CJEU") shall

Switzerland to revise its international arbitration law
Thursday, November 8, 2018 7:00 PM
On 24 October 2018, the Swiss Federal Council published the draft bill for the revision of the Swiss international arbitration law (chapter 12 of the

Locking the door on the "smash and grab" adjudication?
Thursday, November 8, 2018 7:00 PM
The Court of Appeal may have issued the death blow to the informally termed "smash and grab" adjudication in its recent judgment. However, Employers

California Has a New Governor - Will it Make Much Difference for Employers?
Thursday, November 8, 2018 7:00 PM
After Jerry Brown’s second set of 8 years in office (1975-83 and 2011-19), employers now look to Governor-Elect Gavin Newsom for what’s in store for

Judge Gardephe: Courts Can’t Force Nonparty Insurers to Mediate
Thursday, November 8, 2018 7:00 PM
In a handwritten memo endorsement today, Judge Gardephe denied a plaintiff’s request to force the defendants’ insurers to participate in mediation

Human S.E. v. Czech Republic - Ministry of Health: Court Denies Enforcement Under the N.Y. Convention
Wednesday, November 7, 2018 7:00 PM
On October 26, 2018, the U.S. Court of Appeals for the District of Columbia Circuit affirmed the lower court’s decision to deny the enforcement of an

Major projects & construction: 5 Minute Fix 23
Wednesday, November 7, 2018 7:00 PM
Get your 5 Minute Fix of major projects and construction news. This issue: discover the latest cladding developments; resources construction work now

Commercial Court grants "contractual" anti-suit injunction against a non-party
Wednesday, November 7, 2018 7:00 PM
In Qingdao Huiquan Shipping Company v Shanghai Dong He Xin Industry Group Co Ltd 2018 EWHC 3009 (Comm) the Commercial Court reaffirmed and

WA's new strata regime: close, but no cigar just yet
Wednesday, November 7, 2018 7:00 PM
Corks have been popping to celebrate the passage of the Strata Titles Amendment Bill 2018 (WA) last week and the Community Titles Bill 2018 this week

Fast forward: When to seek early resolution of issues in International Commercial Arbitrations
Wednesday, November 7, 2018 7:00 PM
Arbitral institutional rules have been developing in a way to encourage parties to deal with substantive issues on a preliminary basis. They have been

Expounding on Arbitrability: The Seventh Circuit Joins the Growing Ranks of Circuit Courts Finding that Courts Presumptively Decide the Availability of Class Arbitration
Wednesday, November 7, 2018 7:00 PM
The U.S. Supreme Court has issued numerous decisions over the past decade addressing arbitration agreements. 1 In one of the Roberts Court’s first

ICSID Tribunal declines jurisdiction due to claimants’ failure to obtain environmental impact assessment in breach of local law
Wednesday, November 7, 2018 7:00 PM
In a recent investment arbitration Award, in Cortec Mining v Kenya, an ICSID tribunal has declined jurisdiction over a claim brought by a trio of

 

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