Australia: Renewable Energy Protection of Investments Through Arbitration

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.

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India: 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.

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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.

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Peter 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.

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B.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.

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Court 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.

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English 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

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Federal 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.

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Worldwide: 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.

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Holy 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:

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Puerto 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.

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Exploring 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;

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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. 

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Arbitration Award Related to Purchase Options for Four VLCCs on Charter to Okeanis ECO Tankers

NEWS PROVIDED BY

Ocean Yield 

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. 

CONTACT:

Company contact:

Eirik Eide (CFO), Tel +47-24-13-01-91

Investor Relations contact:

Marius Magelie (SVP Finance & IR), Tel +47-24-13-01-82

This information was brought to you by Cision http://news.cision.com

https://news.cision.com/ocean-yield/r/arbitration-award-related-to-purchase-options-for-four-vlccs-on-charter-to-okeanis-eco-tankers,c3046564

SOURCE Ocean Yield

Source: https://www.prnewswire.com/news-releases/a...