Third-party funding or litigation finance agreements have become increasingly popular and accepted methods to finance commercial disputes. While some U.S. jurisdictions prohibit enforcement of finance agreements under champerty and similar laws, the majority of jurisdictions now permit them. Examples of champerty state law restrictions on enforcement of funding agreements are discussed in my recent article titled “Champerty re-emerges: an overview of recent US Circuit Court rulings on third-party funding” appearing in the May 2020 Issue of the IBA’s International Litigation News.
Read moreFacebook, Australia reach deal to restore news pages after shutdown
Facebook agreed to restore news pages on its site in Australia after it said late Monday that it had reached a favorable deal with the government there.
The deal, which came after 11th-hour negotiations and intense backlash against the company, would enable Facebook to run news without having to go through a government-run arbitration process, Facebook’s head of news partnerships, Campbell Brown, said in a statement.
Read moreArbitration and Summary Proceedings: What's the Rush?
In a judgment of 10 February 20211, the Luxembourg Court of Appeal revisited the relationship between arbitration and the role of the national courts in summary proceedings.
In this case, a debtor appealed an interim payment order (référé-provision) issued by a vice president of the Luxembourg District Court in the context of interlocutory (or summary) proceedings. The creditor's request for advance payment was approved despite the fact that the parties had concluded an arbitration agreement.
Read moreFebruary 23, 2021 Vermont Supreme Court Issues Important Decision On The Enforceability Of Arbitration Clauses In Consumer Agreements And The Standards For Vacating Arbitration Decisions
The Court Affirmed A Lower Court’s Enforcement Of The Arbitration Clause, Requiring The Consumers To Arbitrate Their Claims Against A Home Inspection Company, And Also Affirmed The Lower Court’s Refusal To Vacate The Arbitrator’s Decision Dismissing The Consumers’ Claims, Based On Clear Disclaimers In The Inspection Contract
Read moreExplained: Why Amazon is feuding with its partner Future Group and billionaire Mukesh Ambani
A legal spat between Amazon.com Inc. and its Indian partner that started with an arbitration verdict in Singapore has got fiercer in New Delhi courtrooms. And neither side is ready to back off.
The US e-commerce giant and Mumbai-based Future Group, whose retail assets billionaire Mukesh Ambani’s RelianceIndustries agreed to buy for $3.4 billion in August, are locked in a dispute over that deal. Amazon says Future violated a partnership contract with the asset sale to its rival and wants to scuttle it, while the indebted Indian group says it would collapse if the transaction fails.
Why international arbitration is ideally suited for the Life Sciences and Health sector
Private, flexible and easily enforceable across much of the world, it is not hard to see why international arbitration is already popular, and set to become more so, for the LSH sector
Life sciences projects are invariably technical, high risk, protracted and collaborative in nature. Often, multiple parties across a range of jurisdictions are involved, as well as centring on confidential subject matter and sensitive data. And, of course, the stakes are frequently high. The choice of forum for resolving disputes can make a significant difference, so it pays to make sure you have fully considered the available options – particularly international arbitration.
Read moreAre there limits to what can be discussed “Without Prejudice”?
Without prejudice discussions between parties to a legal dispute are one of the most effective ways to avoid full-blown litigation and the associated risk and expense. The specialist shipping and commercial litigation lawyersat Bahamas law firm ParrisWhittaker regularly advise clients on ways to avoid court through constructive settlement negotiations.
Read moreRevision of form requirements for an arbitration clause in Swiss international arbitration law
Switzerland has revised its international arbitration law during summer 2020. The revised provisions of the 12th Chapter of the Private International Law Act (“PILA”) entered into force on January 1, 2021. The article at hand offers a handy overview on the revised Art. 178 PILA[1] governing the form requirements from a thoroughly practical approach, focusing on its key changes and developments in international arbitration.
Read moreCyprus: International Arbitration Comparative Guide
1 Legal framework
1.1 What is the relevant legislation on arbitration in your jurisdiction? Are there any significant limitations on the scope of the statutory regime – for example, does it govern oral arbitration agreements?
The laws that apply to arbitration in Cyprus are as follows:
the Arbitration Law (Cap 4);
the International Commercial Arbitration Law (101/1987) (‘ICA Law'), which is based on the UNCITRAL Model Law of 1985 and applies only to international commercial arbitration;
the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which was ratified in Cyprus by Law 84/1979; and
the Foreign Court Judgments (Recognition, Registration and Enforcement) Law (121(I)/2000).
Disclosure of Binding Arbitration Not Required In Consumer Warranties, Says Florida Supreme Court
On February 18, the Florida Supreme Court ruled that a warrantor of a consumer product is not required to disclose a binding arbitration agreement as part of the warranty-related items that must be disclosed “in a single document.” In reaching its decision that the Federal Trade Commission’s “single document rule” does not require the disclosure of binding arbitration, the court resolved a conflict that had existed under Florida law since 2008 and departed from Eleventh Circuit authority.
Read moreHong Kong court stays proceedings for arbitration, honouring arbitration agreement in insurance policy
The Hong Kong Court of First Instance stays third party proceedings commenced by an insured against an insurer, on the basis that the parties are bound by the arbitration clause contained in the insurance policy. Despite the outcome being that the main action and the third party proceedings will ultimately be pursued in different forums, by upholding the parties’ contractual agreement to arbitrate, the Court reinforces its pro-arbitration credentials and the principle of party autonomy.
Read moreArbitration in Spain in times of COVID
Today more than ever, it is essential for companies to quickly and efficiently resolve any legal dispute or conflict that may affect them. The global COVID-19 pandemic has indeed weakened the Spanish and international business framework, and companies need, more than ever, an impartial system that allows them to:
Protect their rights and interests
Obtain resolutions that bring their disputes with third parties to an end in the short term
Avoid the eternization of judicial proceedings.
The Importance of Pre-Arbitral Steps: The Latest English High Court Approach
International arbitration is facing continued (if not increased) problems stemming from multitier arbitration clauses. What should happen when one party has not complied with a pre-arbitral step but nonetheless commenced arbitral proceedings? Typically, the parties have a satellite dispute: on one side, whether the commencement of the arbitration is void thus depriving the arbitral tribunal of all jurisdiction due to the non-compliance and on the other side, whether such non-compliance is an issue of admissibility that falls within the arbitral tribunal’s remit to address by way of procedural modification (for example, by ordering a stay of proceedings pending completion of a negotiation period).
Read moreHong Kong court stays proceedings for arbitration, honouring arbitration agreement in insurance policy
The Hong Kong Court of First Instance stays third party proceedings commenced by an insured against an insurer, on the basis that the parties are bound by the arbitration clause contained in the insurance policy. Despite the outcome being that the main action and the third party proceedings will ultimately be pursued in different forums, by upholding the parties’ contractual agreement to arbitrate, the Court reinforces its pro-arbitration credentials and the principle of party autonomy.
Read moreCOVID-19-Related Employment Litigation Affecting Manufacturing Industry
Manufacturing employers probably will continue to see an increase in COVID-19-related litigation affecting the industry. Keeping up with recent trends in COVID-19-related litigation can help manufacturers ensure compliance with the common bases of alleged violations.
Read moreSingapore High Court’s ruling on overlapping arbitration and jurisdiction clauses
A dispute resolution clause specifies the process, usually by way of litigation or arbitration, through which parties wish to resolve a dispute between them. A dispute resolution clause must be drafted with essential clarity and certainty; otherwise parties may have no choice but to argue about the dispute resolution clause itself.
The recent decision of the Singapore High Court in Silverlink Resorts Limited v MS First Capital Insurance Limited [2020] SGHC 251 concerned the ironic situation where one clause in the contract refers disputes to arbitration, while another clause refers to litigation.
Read moreDon’t be late - the risk of arbitral awards becoming unenforceable due to limitation periods
Arbitral awards benefit from being widely enforceable. This is the case particularly in jurisdictions that are members of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958 (New York Convention). Recognition and enforcement of a foreign arbitral award under the New York Convention is rejected only on narrow grounds (Article V). There is, however, an additional ground for an award to become unenforceable in a specific jurisdiction that is often overlooked: limitation periods.
Read moreTell it to the Arbitrator: Unconscionability Challenge to Arbitration Agreement for Arbitrator to Decide
Last week, another federal court compelled arbitration in a TCPA case finding that pursuant to the arbitration agreement’s delegation clause, any claims that the arbitration agreement is unconscionable must be resolved by the arbitrator. See Zeevi v. Citibank, N.A., Case No. 19-cv-02206-GMN-BNW (D. Nev. Feb. 16, 2021).
Read moreAnother route for resolving technology disputes?
If you want to take a technology dispute to court, you’re unlikely to get a trial date in the Technology and Construction Court in London for over a year if you are going to need a week or more of the court’s time. With Brexit and Covid causing ongoing commercial and financial uncertainty, is there another quicker option to resolve disputes that parties can consider? The short answer is yes.
Introduced in October 2019, the Society for Computers & Law Adjudication Scheme might be just what parties need. Taking its lead from the adjudication provisions used in construction disputes, the Scheme is designed to provide a fast provisionally binding decision in three months. It can be used for all “Technology disputes” which are defined as “any dispute arising from a contract for the provision of tech-related goods and services including software development contracts, outsourcing arrangements, system integration contracts, IT consultancy contracts, software licensing agreements, blockchain/smart contracts and cloud computing contracts”. There is no restriction on the size or scope of the dispute that can be referred other than that it must be capable of being resolved within three months.
Read moreHong Kong court stays proceedings for arbitration, honouring arbitration agreement in insurance policy
The Hong Kong Court of First Instance stays third party proceedings commenced by an insured against an insurer, on the basis that the parties are bound by the arbitration clause contained in the insurance policy. Despite the outcome being that the main action and the third party proceedings will ultimately be pursued in different forums, by upholding the parties’ contractual agreement to arbitrate, the Court reinforces its pro-arbitration credentials and the principle of party autonomy.
Read more