The claims were brought in international arbitration as provided for in the ECT. In this case, the arbitrations were conducted under the International Convention on the Settlement of Investment Disputes between States and Nationals of other States (the ICSID Convention) and ICSID Arbitration Rules.
Read moreIndia: Arbitrations By Unilaterally Appointed Arbitrators: In Jeopardy?
The Arbitration and Conciliation Act 1996 ('A&C Act') was amended by the Arbitration and Conciliation (Amendment) Act 2015 ('Amendment Act'). Apart from other changes, the Amendment Act amended §12 of the A&C Act and introduced the 5th, 6th, and 7th Schedule with the objective of securing the impartiality of arbitrators and improving the legitimacy of the arbitration process in India.
Read moreThe Court of Arbitration for Sport options that could speed up Man City appeal case against UEFA
A date is yet to be set for Manchester City’s appeal against their Champions League ban at the Court of Arbitration for Sport
Read moreArbitrations By Unilaterally Appointed Arbitrators: In Jeopardy?
The Arbitration and Conciliation Act 1996 ('A&C Act') was amended by the Arbitration and Conciliation (Amendment) Act 2015 ('Amendment Act'). Apart from other changes, the Amendment Act amended §12 of the A&C Act and introduced the 5th, 6th, and 7th Schedule with the objective of securing the impartiality of arbitrators and improving the legitimacy of the arbitration process in India.
Read morePeter Cappelli: A pushback on mandatory arbitration
Employers and businesses of all kinds understandably do not like to be sued. It is a time-consuming and expensive process, even if you end up winning. Because of that, defendants often believe that plaintiff lawyers will pursue cases against them even if those lawyers do not think they will win their cases in hopes that the defendants will pay up just to avoid going to court. It is not surprising, therefore, that employers and businesses would do what they can to avoid being sued.
Read moreB.C. Court rules in favour of Amazon arbitration clause
While Heller v. Uber Technologies Inc. awaits conclusion at the Supreme Court of Canada, a B.C. court has stayed a proposed class proceeding brought against Amazon, which was based on an arbitration clause mandating arbitration in the U.S.
In Heller, The Ontario Court of Appeal overturned a stay of a proposed class action, finding the arbitration clause unconscionable. In Williams v. Amazon.com, Inc., plaintiff John Williams argued his facts were similar to Heller but failed to persuade Justice Karen Horsman of the B.C. Supreme Court.
Read moreCourt appears divided over whether police records should be destroyed
The Illinois Supreme Court on Tuesday appeared split on whether a 40-year-old provision that requires the city of Chicago to destroy police misconduct records could be squared with both state labor and public information laws.
The provision, which holds that “all disciplinary investigation records” should be destroyed five years after their filing, stems from the police officers’ collective bargaining agreement reached with the city in 1981.
Read moreEnglish Courts Decline To Give Order For Taking Of Evidence From Non-Party To Arbitration Agreement
The English High Court recently decided in A and another v. C and Others [2020] EWHC 258 (Comm) ("A v C") that it did not have jurisdiction under s44(2)(a) of the English Arbitration Act ("the Act") to issue a coercive order compelling a non-party to an arbitration agreement to give evidence in support of arbitration proceedings seated in New York
Read moreJudge Rules Church of Scientology’s Leader Never Served With Lawsuit Papers
Lawyers for the plaintiffs, who filed an amended suit on Feb. 28, told the judge they will try again to serve Miscavige.
Meanwhile, a hearing on the church’s motion to force the plaintiffs into arbitration, scheduled for hearing on March 18, was canceled in the wake of the amended complaint.
Read moreWhen the appointment of a sole arbitrator is invalid
HSCC argued that the application was groundless as a sole arbitrator had already been appointed and the Supreme Court could not appoint an arbitrator as the dispute was not an international commercial arbitration.
Read moreFederal Judge Sends Nintendo Class Action Suit To Arbitration
Back in July last year, law firm Chimicles Schwartz Kriner & Donaldson-Smith LLP filed a class-action lawsuit against Nintendo. The original class-action lawsuit concerned Joy-Con controller drift on Nintendo's Switch console, which the plaintiffs said Nintendo knew about and did not sufficiently prevent. Naturally, the Japanese gaming giant requested to have the suit dismissed. That request has been rejected by US District Judge Thomas S. Zilly.
Read moreWorldwide: New Year, New Views – Arbitration Highlights In The Year Of The Rat
As the world welcomes in the Year of the Rat, we take a look back at five recent decisions that made big waves in the Year of the Pig in their different ways, across Hong Kong, Singapore, and England.
In the decisions, the courts got to grapple with fundamental issues such as governing law, the arbitral seat, the limitation period for commencement of arbitration, and when it might be appropriate to grant an anti-suit injunction restraining court proceedings in another jurisdiction. Please click on the links highlighted to access full case summaries.
Read moreMets Agree to Record Pre-Arbitration Figure with Pete Alonso
St. Paul teachers reject arbitration offer to avoid strike; talks continue Monday night
St. Paul Public Schools and its teachers union were negotiating late into the night Monday, March 9, seeking to prevent the city’s first teacher strike since 1946.
Read moreHoly Smokes: Subway Franchise’s Arbitration Effort Defeated, in part, By Mandatory EWC Provision that “Consent Not a Condition of Purchase”
Predictably the consumer filed a TCPA class action after receiving texts in connection with the promotional club she had joined by supplying her phone number and argued that the arbitration clause in the terms and conditions were not binding on her since there was no way she could have accessed it without herculean effort. The Court agreed and concluded the clause was unenforceable. Here’s the key (pretty convincing) analysis:
Read morePuerto Rico Liquidator Compelled to Arbitrate Hurricane Reinsurance Disputes
An insolvent cedent sought to invalidate the arbitration clause in several reinsurance agreements with several reinsurers and force the reinsurance disputes over Hurricane Irma and Maria claims into the state court governing the cedent’s liquidation proceedings. The reinsurers, who all had the same or similar arbitration clauses, moved to dismiss the insolvent cedent’s claims and compel arbitration. The district court granted the reinsurers’ motions in full and compelled arbitration of all claims, including antitrust and state insurance law claims.
Read moreRegulator to release network usage guideline to arbitrate SK, Netflix conflict
The conflict between SK Broadband and Netflix over network sharing costs could be resolved as early as May as the Korea Communication Commission (KCC) is expected to come out with an arbitration proposal.
Read moreExploring different types of arbitration
In Zimbabwe the most recognised arbitral institutions are the Commercial Arbitration Centre in Harare and the Africa Institute for Mediation and Arbitration.
Invariably, the institution’s role in an institutional arbitration includes, among other things, the following:
l receiving the request for arbitration from the claimant and serving it on the respondent;
l appointing the arbitrators where the arbitration agreement empowers the institution to do so or in default of the parties’ ability to do;
Manchester City appeals UEFA Champions League ban to Court of Arbitration for Sport
Manchester City has officially filed an appeal of its Champions League ban to the Court of Arbitration for Sport (CAS), the court announced Wednesday ahead of City's UCL match against Real Madrid. Manchester City was banned for two seasons from UEFA competition (Champions League and Europa League) and fined €30 million for breaking Financial Fair Play rules on Feb. 14.
Read moreArbitration Award Related to Purchase Options for Four VLCCs on Charter to Okeanis ECO Tankers
NEWS PROVIDED BY
Feb 26, 2020, 09:15 ET
STOCKHOLM, Feb. 26, 2020 /PRNewswire/ -- In October 2019, Okeanis ECO Tankers ("Okeanis") served a notice to exercise options to repurchase four VLCCs ("the Vessels") that earlier had been bought by Ocean Yield ASA ("Ocean Yield") and chartered back to Okeanis on long-term charters. The parties disagreed if the conditions for exercising the options had been fulfilled, and the matter was therefore referred to arbitration.
An arbitration tribunal has decided that Okeanis did not have the right to exercise such options to repurchase the Vessels under the lease agreements.
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SOURCE Ocean Yield