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Calling time on time limits?
Wednesday, March 22, 2017 8:00 PM
CPR 54.5(2) is clear: the time limit for filing the claim form for judicial review may not be extended by agreement of the parties. The justification

Rhode Island Supreme Court Rules That Despite Deference Afforded Arbitrator, the Award Must Be Vacated Where Arbitrator’s Decision Was Contrary to Contract Language
Wednesday, March 22, 2017 8:00 PM
Caroline and Vincent Flynn (the “Flynns”) contracted with Nappa Construction Management, LLC (“Nappa”) to construct an

New international commercial arbitration regime takes effect in Ontario
Wednesday, March 22, 2017 8:00 PM
On March 22, 2017, a new international commercial arbitration act for Ontario came into force. The International Commercial Arbitration Act, 2017, SO

Romania - the end of intra-EU bilateral investment treaties
Wednesday, March 22, 2017 8:00 PM
On 21 March 2017, Law no. 182017 approving the termination of agreements on mutual promotion and protection of investments concluded by Romania with

The new ICC Expedited Procedure Rules
Tuesday, March 21, 2017 8:00 PM
On 1 March 2017, the new International Chamber of Commerce Rules (ICC Rules) came into effect. One of the main changes to the Rules is the

The Draft International Arbitration Bill will be tabled in parliament soon
Tuesday, March 21, 2017 8:00 PM
The Justice and Constitutional Development Department published the draft bill's explanatory summary in Government Gazette 40687. The proposed

Update on CAJAC
Tuesday, March 21, 2017 8:00 PM
The China-Africa Joint Arbitration Centre (CAJAC) is a partnership between the Arbitration Foundation of Southern Africa (AFSA) and the Shanghai

Email Marketing Attorneys and the FTC Clash Over and Settle Spam Claims
Tuesday, March 21, 2017 8:00 PM
Last week, email marketing lawyers and the Federal Trade Commission (“FTC”) announced a $500,000.00 settlement between the agency and a company

INSOL 2017: Hot Topics - Avoid Being Burnt!
Tuesday, March 21, 2017 8:00 PM
Billed as INSOL’s “most popular session”, the plenary session Hot Topics - Avoid Being Burnt! provided a brief overview of developments in the

ZTE Settlement Marked by Record Penalty and Lessons Learned
Tuesday, March 21, 2017 8:00 PM
On March 7, 2017, China's Zhongxing Telecommunications Equipment Corporation and ZTE Kangxun Telecommunications Limited, and their subsidiaries and

Employment Law 2016 Year in Review
Tuesday, March 21, 2017 8:00 PM
This memorandum highlights what we believe were the most significant legal developments and trends from 2016 affecting employers and the employment

English Court considers unilateral communications between arbitrator and party and anonymisation of judgments related to an arbitration
Tuesday, March 21, 2017 8:00 PM
In a recent challenge to an award made under s68 of the English Arbitration Act 1996, in Symbion Power LLC v Venco Imtiaz Construction Company the

Employers Closely Follow Gorsuch Confirmation Hearing as He May Cast Deciding Vote on Validity of Class Action Waivers
Tuesday, March 21, 2017 8:00 PM
Today marks the third day of the confirmation hearing for U.S. Supreme Court nominee Neil Gorsuch. Many employers throughout the Carolinas are

Microsoft’s cartel damages claim caught by arbitration clause
Tuesday, March 21, 2017 8:00 PM
On 28 February 2017 the High Court held that a claim by Microsoft against Sony in tort for breach of competition law came within the scope of a

Who Signed These Processes?
Monday, March 20, 2017 8:00 PM
Litigation or the process of dispute resolution is termed to be a very serious process. It is the process that potentially culminates in the

Fraud in civil claims - a rare judgment
Monday, March 20, 2017 8:00 PM
Allegations of fraud in civil claims under English law are not often actively pursued and rarely succeed. However, in the case of Celtic Bioenergy

Doing Business in Azerbaijan 2017
Monday, March 20, 2017 8:00 PM
Bounded by the Caspian Sea to the east and the Greater Caucasus mountain range to the north, the Republic of Azerbaijan has a total land area of 86

Tribunal Decides in Favour of Canada in NAFTA Arbitration Suit
Monday, March 20, 2017 8:00 PM
The Government of Canada has prevailed in its NAFTA arbitration suit with Eli Lilly and Company “Lilly”. Lilly sued the sued the government as a

Important Second Circuit Decision on Enforcement of International Arbitration Awards
Monday, March 20, 2017 8:00 PM
In a significant recent judgment, CBF Industria De Gusa SA v. AMCI Holdings, Inc. (2d Cir. 2017), the influential U.S. Court of Appeals for the

Arbitration: when a final award is not final
Sunday, March 19, 2017 8:00 PM
In 2012, B commenced Supreme Court proceedings alleging L had breached a design and construct contract. A partial settlement was reached on 21 April

Government of Canada Successful in Eli Lilly NAFTA Patent Arbitration
Sunday, March 19, 2017 8:00 PM
The NAFTA Arbitration Tribunal in the Eli Lilly "Promise of the Patent" doctrine proceeding has issued a ruling, and it appears that the result is

10 Tips For Presenting Complex Cases In Arbitration
Sunday, March 19, 2017 8:00 PM
The American Arbitration Association (AAA) and its International Centre for Dispute Resolution (ICDR) recently created an aerospace, aviation and

Timeous Payment and Pay Less Notices - A Cautionary Tale
Sunday, March 19, 2017 8:00 PM
The recent case of Kersfield Developments (Bridge Road) Limited -v- Bray and Slaughter Limited 2017 EWHC 15 (TCC) provides a reminder to all

Impecunious Claimant - Does the impecuniosity warrant that the respondent pays the full advance on costs or that the claimant pays security for costs?
Sunday, March 19, 2017 8:00 PM
On 11 January 2017, the arbitral tribunal in the investor-state arbitration between a French-Mauritian businessman (the “Claimant”) and the Republic

Ninth Circuit Enforces Arbitration Agreement's Class Action Ban, but Only After Severance of PAGA Ban
Sunday, March 19, 2017 8:00 PM
A panel of the U.S. Court of Appeals for the Ninth Circuit recently overruled a lower court’s decision refusing to enforce an

An Arbitration Agreement That Attempts to Skew a Statutory Arbitration Scheme Is Void as Against Public Policy
Sunday, March 19, 2017 8:00 PM
Federal public policy favors arbitration and the broad interpretation and enforcement of arbitration agreements. So how can an arbitration agreement

New York Convention 1958 to enter force in Angola on 4 June 2017
Sunday, March 19, 2017 8:00 PM
Angola has become the 157th Contracting State to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. On 6 March

(Re)insurance Weekly Update 10- 2017
Sunday, March 19, 2017 8:00 PM
The defendants' costs in this case (which is the subject of a Group Litigation Order) have so far exceeded £100 million. They sought disclosure of

Bona fide challenge to arbitral award cannot be subject to security order
Sunday, March 19, 2017 8:00 PM
The UK Supreme Court unanimously overturned the Court of Appeal in finding that the latter had no power, under the UK Arbitration Act 1996 or

Careful: That Flow-Down Clause is Loaded (or, “How Incorporation by Reference” Can Leave Marks in Unintended Places)
Sunday, March 19, 2017 8:00 PM
We all do it. We all use multipart agreements, or structure transactions where multiple parties are agreeing to the same set of terms and conditions

 

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