The advantages enjoyed by Hong Kong as a center for arbitration of commercial disputes involving parties in Mainland China have been further enhanced by new measures to strengthen the cross-border recognition and enforcement of such awards. On November 27, 2020, the Supreme People’s Court of China and the government of the Hong Kong Special Administrative Region (the “HKSAR”) signed a Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the HKSAR (the “Supplemental Arrangement”).
Read moreBrexit: 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.
Read moreNinth Circuit to Examine the Reach of Mandatory Employment Arbitration Agreements
On March 2, 2021, the United States Court of Appeals for the Ninth Circuit will hear oral argument in a case that could test the boundaries of mandatory arbitration, and determine whether employees can be tethered to arbitration agreements for years after leaving a company.
Read moreNew bill would allow divorce arbitration
HELENA -- Lawmakers on the Senate Judiciary Committee got their first look at a bill Friday that would add a new way for couples in Montana to divorce.
Read moreThink before you arbitrate - practical considerations to make the most of arbitration
Arbitration is a common alternative to litigation in insurance contracts' dispute resolution clauses, but what are the practical implications of choosing arbitration over litigation? And what do insurers need to think about when electing to resolve a dispute by way of arbitration? There are a number of considerations to take into account when looking at the commonly referenced pros and cons of arbitration and the key differences with litigation. This article provides an overview.
Read moreWorkplace Mediation - 7 Tips for Better Outcomes
Workplace mediation presents a number of challenges for parties and employers that may not be present in more “commercial” disputes where legal claims are involved.
In the workplace, disputes and relationship breakdowns can range from apparently minor frictions to issues of alleged bullying and discrimination capable of escalating into legal claims.
Read moreBrexit and dispute resolution issues
The Brexit transition period ended on 31 December 2020. The UK-EU Trade and Cooperation Agreement1 (currently applying on a provisional basis until ratification by the European Parliament) addresses many aspects of the future UK-EU relationship (including judicial cooperation in relation to criminal matters) but does not cover civil dispute resolution issues.
Read moreIn 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.
Read moreImposing virtual arbitration hearings in times of COVID-19: The Swiss perspective
On 6 July 2020 the Swiss Federal Tribunal has issued a decision in which it has held that the COVID-19pandemic does not serve as a sufficient justification to impose virtual hearings in state court proceedings against a party’s will. With a view to field of arbitration, the question thus arises whether the respective reasoning of the highest Swiss court may have any impact on the practice of arbitral tribunals seated in Switzerland.
Read moreICC Rules 2021: A Further Step for Efficiency, Flexibility and Transparency
The International Chamber of Commerce (“ICC“) unveiled its 2021 Rules of Arbitration (“2021 Rules“) on 1 December 2020. The 2021 Rules entered into force on 1 January 2021 and replaced the 2017 version of the Rules of Arbitration, which had been in force since 2017 (“2017 Rules“).
The 2021 Rules include significant modifications that will affect practitioners in a number of important areas. The top six changes introduced that may affect the practitioners are:
Read moreCan Arbitration Agreements Protect Employers Against Class Actions?
For many employers, an important reason for rolling out arbitration is a desire to avoid class and collective actions. In this article, we consider whether arbitration agreements live up to their billing in this regard. As explained below, while they aren’t fool-proof, for many employers and many employment claims, arbitration agreements do in fact significantly reduce the risk of class or collective actions.
Read moreCalifornia appellate court concludes lender’s arbitration provision unenforceable
On January 11, the Court of Appeals of the State of California affirmed the denial of an auto lender’s motion to compel arbitration, concluding that the arbitration clause was invalid and unenforceable. According to the opinion, in May 2019, consumers filed a class action complaint alleging the lenders charged unconscionable interest rates in violation of California’s Unfair Competition Law (UCL) and Consumers Legal Remedies Act (CLRA). The company moved to compel arbitration, which the consumers opposed, arguing that the agreement was “procedurally and substantively unconscionable,” and that the California Supreme Court decision in McGill v. Citibank, N.A. (covered by a Buckley Special Alert here, holding that a waiver of the plaintiff’s substantive right to seek public injunctive relief is not enforceable) applied. The trial court denied the motion to compel arbitration, concluding that the McGill rule applied and that the injunctive relief provision could not be severed from the rest of the arbitration agreement because severability did not apply to the class waiver provision.
Read moreCOVID sparks more job protection for workers
One of the few bright spots shining through the coronavirus pandemic for employees is the attention directed to greater job security, particularly for lower-level employees who have suffered the brunt of economic hardship due to COVID-19.
Read moreZynga granted limited discovery on player accounts in data breach cases
A federal judge has ordered Zynga Inc app users to give the company’s lawyers information associated with their accounts to help determine whether the users’ data breach claims belong in arbitration.
Read moreMediation - speak freely, listen, understand, then problem solve
As #familymediationweek draws to a close, David Emmerson discusses mediation in more depth and looks at some of its advantages for families. Mediation can be a transcendental experience, especially with one of Anthony Gold’s 5 family mediators.
Read moreNYC Council Approves Legislation Redefining Key Aspects of Fast Food Employer-Employee Relationship
On Dec. 17, 2020, the New York City Council voted to approve Int. No. 1415-A and Int. No. 1396-A, which will prohibit fast food employers from terminating or cutting workers’ hours without just cause and, additionally, require fast food employers who need to lay off employees due to legitimate economic reasons to do so in order of seniority. These bills significantly expand upon worker protection laws passed in 2017 and continue to redefine key aspects of the employer-employee relationship for fast food employers. Mayor Bill de Blasio is publicly supportive of the legislation and is expected to sign both bills.
Read moreMore couples seeking relationship help after COVID-19 lockdowns
More couples are seeking advice on separation after months of pressure and isolation brought on by the coronavirus pandemic.
National information and mediation group The Separation Guide has reported an 87 per cent increase in couples who are ready to settle their separation in December 2020, compared to the previous year's holiday period.
Read moreKey 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).
Read moreConstruction contract issues & what to do about them
No one wants anything to go wrong during a construction project. It costs money, wastes time and can end up being harmful to your company’s reputation. Shipping delays, weather and on-site accidents can be out of your control, but they can cause construction contract issues if you haven’t prepared for the possibility that they may happen.
Read moreSwiss supreme court explains removal of arbitrator in Sun Yang case
The Swiss supreme court has explained the reason it referred back Sun Yang's case, saying tweets by the president of the panel of arbitrators at the Court of Arbitration for Sport (CAS) - the Italian Franco Frattini - had exhibited possible bias against Chinese people.
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