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.
Read moreATLANTA — Legislation the General Assembly passed this year covering a wide range of subjects from health care to law enforcement to Georgia’s foster care system took effect with the new year.
Read moreOn December 24, 2020, the Third Circuit Court of Appeals held that an arbitration award filed in connection with a petition to confirm constituted a “judicial record” to which the common law right of public access applies. The Court also held that the ceding company failed to demonstrate a “clearly defined” injury that would warrant keeping the award under seal. The award was thus unsealed and made available to the public, including the ceding company’s other reinsurers who were not parties to the arbitration. Pennsylvania Nat’l Mut. Cas. Ins. Co. v. New England Reinsurance Corp., No. 20-1872, 2020 WL 7663878 (3d Cir. Dec. 24, 2020).
Read moreNo matter how much you love your partner, there are always going to be things about them that get on your nerves. These can be fairly superficial — not liking the way they fold the laundry, for example, or hating their favourite TV show. Other problems can be more serious — fundamental failures to communicate or disagreements on big decisions like having children. There’s also evidence that we continue to repeat these patterns in new relationships, even when we hope to see a change.
Read moreFirst of all, what do we mean by dispute resolution in the legal and construction sense? or what is dispute resolution? Dispute resolution Australia is a term that refers to several processes that can be used to resolve a conflict, dispute, or claim between parties, including litigation, mediation, arbitration, and negotiation, or informal dispute resolution of family dispute resolution. Problems and differences in construction and business will occur; It’s how you handle them and how you protect yourself from the front that can make a world of difference! Through this article, we will be explaining in-depth all of your options for resolving potential conflicts and disputes, as well as how to address them in your construction contracts and subcontracts.
Read moreThe year 2020 has seen some important legislative and case law developments in arbitration law in India. The year ended with the following landmark judgments by the Supreme Court.
Read moreWith the New Year upon us many couples are re-examining their marriages and wondering how they can make their lives better, especially in these challenging times.
Some couples consider a prenuptial agreement when they are getting married.
But what if you weren’t one of those couples? Is it too late once you’ve been married to put something in place to keep your marriage on track or address some of the important issues in the event you get divorced?
Read moreLaw, Justice and Parliamentary Affairs Minister Anisul Huq has said that the government is working to incorporate the Alternative Dispute Resolution (ADR) provisions in different existing laws of the country to make commercial dispute resolution easier and less time consuming.
Read moreBritain 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.
Read moreIn 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.
Read moreConflict resolution at the workplaceLinks to an external site. is broken down into several steps to simplify the procedure. Executing the steps will make it easier to identify problems, find possible solutions, and come up with an effective plan to resolve the problem. It is important for managers to put their ideas into action. This will help them build positive relationships with coworkers. By doing this, managers can guarantee an effective conflict resolution strategy and improved communication at work.
Read moreWASHINGTON — People with private health insurance could see the nasty shock of “surprise” medical bills virtually gone, thanks to the coronavirus compromise passed by Congress.
The charges that can run from hundreds to tens of thousands of dollars come from doctors and hospitals that are outside the network of a patient's health insurance plan. It's estimated that about 1 in 5 emergency visits and 1 in 6 inpatient admissions will trigger a surprise bill.
Read moreCourt battles are complicated, stressful, and may last years before reaching a final resolution. Plus, in a trial, you relinquish the power to a judge or jury to decide your fate. Before proceeding to trial, or before you even file a lawsuit, you should seriously consider resolving your civil dispute through Alternative Dispute Resolution, also known as ADR.
Read moreAs advisors grow their practice, they hire more employees. But a burgeoning staff means more conflict can seep into the workplace.
Some advisors have limited experience with managing people. They often discover it's not easy.
Part of the problem is that successful advisors oversee complex businesses. Aside from offering technical advice to clients, they must run internal operations smoothly
Read moreThe globalization of markets and capital has led to the complication and internationalization of Ukrainian business. It is already a rarity when a business has no relations with foreign partners and contractors.
For predictability of outcomes of contractual conflicts, international arbitration has become a frequent choice for business, which allows to independently determine not only arbitrators, but also the rules for resolving disputes and applicable legislation. In fact, already at the stage of concluding a contract, the parties can envisage the institution or persons), to whom they are ready to entrust the resolution of disputes. They can determine the rules according to which they want the dispute to be considered, understanding in advance the specifi
Read moreAs the year comes to a close with Christmas all but cancelled, it is hard to imagine that any good has come from Covid-19. For Morton Fraser partner David Hossack, however, one positive to come out of the coronavirus pandemic is that it has helped to highlight the role mediation can play in the resolution of disputes. Courts and tribunals may have been slow to move to remote working after being closed during the first lockdown period, but when it came to mediation the process was able to instantly adapt.
Read moreIn a decision of 23 July 2020 (Docket 18 ONc 3/20s), the Supreme Court dealt with the challenge of an arbitrator on the grounds that he had rolled his eyes during the pleading of a party's representative. The eye rolling, according to the applicants, "downright revealed" the arbitrator's bias. Said arbitrator did not explicitly contest the accusation of having rolled his eyes. Nonetheless, he claimed to be able to objectively give a legal assessment of the facts of the case.
Read moreCommercial dispute resolution specialists Gwendoline Davies, Lynsey Oakdene and Nick McQueen consider two recent Supreme Court judgments of significance to the international arbitration community. The first clarifies the approach to determining the governing law of an arbitration agreement and to granting anti-suit injunctions; the second clarifies the law on arbitrator bias and the duties of impartiality and disclosure.
Read moreEVERETT — Unpaid rent, not-so neighborly behavior and other unresolved grievances can make the landlord-tenant relationship unpleasant during the pandemic.
With a statewide eviction moratorium prohibiting legal action, a pilot program authorized by the state Supreme Court aims to settle the issues hampering landlords and tenants without court intervention.
Read moreAfter sustaining injuries in a motorcycle, auto, or other serious accident, Personal Injury clients with lifelong pain and suffering can qualify to recover damages. With an expert attorney on the case, recovering compensation on behalf of a client can come in several forms. One of these recovery methods is through settlement, via Mediation. In this Shaked Law Firm article, we thoroughly navigate the process of obtaining a settlement.
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