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.

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Dispute Resolution Trends in Asia for 2021

The Year of the Ox represents a fresh start and an opportunity to ‘turn things around’ (牛转乾坤) for the better.1 The question considered below is what will the ‘Niu’ (牛)2 Year hold for in-house counsel operating in Asia and tasked with resolving commercial disputes?

Naturally, there will be disputes relating to COVID-19 and efforts to contain its spread. These will often be resolved through negotiation, particularly if the relevant contract clearly allocates the risk between the parties of force majeure events. Some long-term contracts, however, may need to be renegotiated as a result of turbulence in the market. Any deadlock in the negotiations could potentially be resolved through arbitration, although that cannot be assumed and will depend on the precise terms of the contract. Other types of disputes that could feature over the coming months include environmental disputes relating to the decommissioning of oil and gas facilities, M&A transactions that have gone sour, and private equity deals that are being unwound. With that said, this is obviously not an exhaustive list, with commercial disputes being as varied as the contracts from which they spring.

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UK Commercial Disputes: Winter Newsletter

2020 was a difficult and uncertain year, with unprecedented challenges across the globe, changing the world as we know it. At the start of 2021, the country remained in lockdown and Brexit materialised - with a deal - posing a further seismic shift. It remains unclear what the full effect of either will be on the economy. On the plus side, the active vaccination programme may offer us a route out of the pandemic. But one thing is clear, lawyers are resilient and our flexible fee structures and case funding options prove more important than ever. We are here, ready to help.

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New ICC report takes bold move to tackle unreliability of witness testimony in arbitration

ICC has launched a new report on the accuracy of fact witness memory in international arbitration. The report, which is the first of its kind conducted by an arbitral institution, analyses the psychological science of human memory, and offers arbitrators and counsel guidance to enhance the probative value of fact witness evidence

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Brexit: governing law, jurisdiction and enforcing judgments

Relatively easy cross border enforcement of court judgments has been a quiet success of the EU. Now that we have the UK-EU Trade and Co-Operation Agreement we are able to report on how governing law, jurisdiction and enforcement of court judgments works post-Brexit between the UK and EU.

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In brief: arbitration formalities in Canada

In Canada, arbitration law is legislated at the federal, provincial and territorial levels. In the common law jurisdictions, domestic arbitration and international arbitration are governed by separate statutes. Domestic arbitration is governed by a statute entitled either the Arbitration Act (British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, New Brunswick, Prince Edward Island, Yukon, Northwest Territory, and Nunavut) or the Commercial Arbitration Act (Nova Scotia). In all cases, the statutes adopt aspects of the UNCITRAL Model Law but incorporate it to different extents. In these jurisdictions, international arbitration is governed by an International Commercial Arbitration Act, which is based on the Model Law. Federally, the Commercial Arbitration Act applies to limited federal activities and is based on the Model Law. In Quebec, arbitration is governed by the Civil Code of Quebec and the Quebec Code of Civil Procedure.

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Key Dispute Resolution Considerations for In-House Counsel

Many international contracts select English law and English courts (or English law together with international arbitration). The reasons influencing this selection are unlikely to change as a result of Brexit. However, from 1 January 2021, the UK and the European Union have entered a new phase in their international legal relationship. This alert addresses what that means for governing law and dispute resolution clauses in international contracts, and what it means for the enforcement of UK court judgments within the EU (and EU court judgments within the UK).

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Are Tenant-Landlord Disputes Arbitrable? Supreme Court of India Overturns its Own Judgement

Are disputes between landlords and tenants arbitrable under Indian law? If yes, are all types of disputes arbitrable? Can arbitration clauses in lease agreements be enforced? After significant confusion and long-standing disputes around the arbitrability of tenancy matters, it may now be possible to answer some of these questions. In two judgments passed within a month, Suresh Shah v. Hipad Technology India Private Limited1 (“Suresh Shah”) and Vidya Drolia & Ors. v. Durga Trading Corporation2 (“Vidya Drolia II”), the Supreme Court has settled the dust on whether landlord-tenancy disputes under the Transfer of Property Act, 1882 (“TP Act”) are arbitrable under the Arbitration & Conciliation Act, 1996 (“Arbitration Act”).

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In brief: enforcing and challenging arbitral awards in Canada

Does the arbitral tribunal have the power to correct or interpret an award on its own or at the parties’ initiative? What time limits apply?

Mistakes can be corrected consistently with the Model Law (ie, within 30 days of the parties’ receipt of the award, unless the parties have agreed on an alternative period), and certain domestic acts (for example, in Ontario, an arbitral tribunal may, on its own initiative within 30 days after making an award or at a party’s request made within 30 days after receiving the award) including any clerical, typographical or computational errors, or to correct an injustice caused by an oversight on the part of the arbitral tribunal. Reconsideration of substantive matters is not permitted.

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Trademark Litigation In China, 2021

China has a comprehensive and integrated legal framework for trademark protection based on domestic legislation as well as international IP treaties and conventions. The Trademark Law and its Implementing Regulations are the primary sources of law on trademark protection. The Trademark Law entered into force in 1983 and underwent amendments in 1993, 2001, 2013 and 2019 respectively.

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Halliburton v Chubb: UK Supreme Court clarifies the position on arbitrators’ duties of impartiality and disclosure in London-seated arbitrations

In Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, the UK Supreme Court dismissed Halliburton’s appeal concerning its application to remove an arbitrator for apparent bias on the facts. However, it also emphasised the importance of arbitrator impartiality in London-seated arbitrations.

The judgment raises legal questions which are of general importance in arbitration. In particular, it addresses the circumstances in which an arbitrator may appear to be biased and, the related issue of when an arbitrator must disclose circumstances which may give rise to justifiable doubts about his or her impartiality.

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Singapore's arbitration court sets up panel for final verdict on Amazon-Future case

There will be two members in the arbitration panel when the case will come up for hearing in the next few weeks, says a person aware of the development

US-based e-commerce giant Amazon.com NV Investment Holdings LLC and Kishore Biyani-founded Future Group are gearing up for the final battle at the Singapore International Arbitration Centre (SIAC) over Future Group’s ₹24,713-crore deal with Asia’s richest man Mukesh Ambani-owned Reliance Industries Ltd. This, as SIAC formed its panel on Tuesday to pass its final judgement on the high-profile arbitration case between Amazon and Future Group.

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Revised ICC Arbitration Rules

The International Chamber of Commerce (ICC) has released revised arbitration rules, which are expected to become effective from 1 January 2021 and apply to arbitration proceedings commenced after that date. The Revised Rules can be found here. The previous two revisions to the ICC Rules were in 2017 (see our comments here) and 2012 (see our comments here).

The Revised Rules, which are intended to provide “further steps towards greater efficiency, flexibility and transparency,”1 cover a wide range of issues and include a number of new provisions. Among other changes, the Revised Rules address joinder and consolidation of multi-party arbitrations; remote hearings and the use of technology; equality in the constitution of a tribunal; disclosure in third-party funding arrangements; nationality and emergency arbitration for treaty-based arbitrations; powers of the tribunal where there is change in party counsel/representation; and the monetary threshold for expedited arbitrations.

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Who will mediate trade disputes under Brexit deal? Unknown 'International third party panel' but NOT the European Court of Justice will resolve disagreements

Britain and the EU will seek international help if they clash over trade in the future to avoid using the European Court of Justice, it was confirmed today.

Boris Johnson said that 'independent third party arbitration' would be used if either side felt it was being 'unfairly undercut' by the other.

The Prime Minister was following through on a commitment of the whole Brexitcampaign to remove Britain from the EU's legal sphere of influence.

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Recent developments in India-related arbitration

In this issue, we consider various court decisions which cover topics such as the limitation period for enforcement of foreign awards, the arbitrability of fraud, ‘patent illegality’ as a ground to set aside awards, and granting of interim directions against non-signatories to an arbitration agreement. We also consider India-related bilateral investment treaty news such as the tribunal’s decision in the Vodafone tax dispute and Nissan’s settlement of its claim against India. We also touch on other developments such as updates issued to the Indian Arbitration and Conciliation Act 1996 and the London Court of International Arbitration Rules.

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Interpretation and Enforcement of Parallel Arbitration Clauses

The Hon’ble Supreme Court of India (“SC”/“Apex Court”) in one of its most recent judgment laid down the law on interpretation and enforcement of parallel arbitration clauses. In the case of Balasore Alloys Ltd. Vs Medima LLC[1] decided on 16.09.2020, the Apex Court held that in such a situation, principle of harmony and reconciliation should be used as to determine as to which of the clauses would be relevant. In this case, the SC was faced with a situation where there were following two arbitration clauses:

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'A great victory for common sense' - UK Supreme Court defends impartiality of arbitrators

London arbitrators breathe sigh of relief after court dismisses Halliburton's appeal in Chubb v Halliburton

The UK Supreme Court has ruled in significant litigation concerning the impartiality of arbitrators, and their duties of disclosure and confidentiality, with Chubb’s lead lawyer, Clyde & Co chairman Michael Payton QC, calling the result “a great victory for common sense”.

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Disputes after Brexit - a bumpy ride?

Whether the UK and EU agree a post-Brexit deal or not, the UK will leave the EU's jurisdiction and enforcement regime on 31 December, if only for a short period. The result will be turbulence for some organisations with European disputes on their hands, but a smooth ride for others, and any disruption may be short-lived. We explain why.I

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The 2021 ICC Arbitration Rules further improve the efficiency, flexibility and transparency of the arbitral process

The ICC is updating its 2017 Arbitration Rules, which will take effect on 1 January 2021 and will apply to cases registered as of that date (the “2021 Rules”).

The coronavirus pandemic and repeated lockdowns around the world have transformed the way international arbitrations are conducted today. The new changes to the ICC Arbitration Rules reflect those realities and, as noted by Alexis Mourre (the President of the ICC Court), further streamline the arbitration process to make it more efficient, flexible and transparent, for both large and small cases.

While the changes are generally limited in scope, they reflect the ICC’s desire to ensure that the ICC rules respond to the ever-changing business environment and meet the challenges of current times.

The key modifications are discussed below.

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