A dispute resolution clause specifies the process, usually by way of litigation or arbitration, through which parties wish to resolve a dispute between them. A dispute resolution clause must be drafted with essential clarity and certainty; otherwise parties may have no choice but to argue about the dispute resolution clause itself.
The recent decision of the Singapore High Court in Silverlink Resorts Limited v MS First Capital Insurance Limited [2020] SGHC 251 concerned the ironic situation where one clause in the contract refers disputes to arbitration, while another clause refers to litigation.
Read moreDomain Name Dispute Resolution Options: Features, Benefits and Other Considerations for Selecting Between UDRP and URS The Uniform Domain-Name Dispute-Resolution Policy (“UDRP”) and the Uniform Rapid Suspension System (“URS”) are complimentary domain dispute resolution procedures established by the Internet Corporation for Assigned Names and Numbers (“ICANN”).
Read moreArbitral awards benefit from being widely enforceable. This is the case particularly in jurisdictions that are members of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958 (New York Convention). Recognition and enforcement of a foreign arbitral award under the New York Convention is rejected only on narrow grounds (Article V). There is, however, an additional ground for an award to become unenforceable in a specific jurisdiction that is often overlooked: limitation periods.
Read moreLast week, another federal court compelled arbitration in a TCPA case finding that pursuant to the arbitration agreement’s delegation clause, any claims that the arbitration agreement is unconscionable must be resolved by the arbitrator. See Zeevi v. Citibank, N.A., Case No. 19-cv-02206-GMN-BNW (D. Nev. Feb. 16, 2021).
Read moreIf you want to take a technology dispute to court, you’re unlikely to get a trial date in the Technology and Construction Court in London for over a year if you are going to need a week or more of the court’s time. With Brexit and Covid causing ongoing commercial and financial uncertainty, is there another quicker option to resolve disputes that parties can consider? The short answer is yes.
Introduced in October 2019, the Society for Computers & Law Adjudication Scheme might be just what parties need. Taking its lead from the adjudication provisions used in construction disputes, the Scheme is designed to provide a fast provisionally binding decision in three months. It can be used for all “Technology disputes” which are defined as “any dispute arising from a contract for the provision of tech-related goods and services including software development contracts, outsourcing arrangements, system integration contracts, IT consultancy contracts, software licensing agreements, blockchain/smart contracts and cloud computing contracts”. There is no restriction on the size or scope of the dispute that can be referred other than that it must be capable of being resolved within three months.
Read moreThe Hong Kong Court of First Instance stays third party proceedings commenced by an insured against an insurer, on the basis that the parties are bound by the arbitration clause contained in the insurance policy. Despite the outcome being that the main action and the third party proceedings will ultimately be pursued in different forums, by upholding the parties’ contractual agreement to arbitrate, the Court reinforces its pro-arbitration credentials and the principle of party autonomy.
Read moreSANTIAGO, Feb 21 (Reuters) - Chile has launched an arbitration process against U.S.-based miner Albemarle, the world’s largest lithium producer, for allegedly underpaying royalties on its sales, the head of the state development office told a local newspaper on Sunday.
Read moreThe recent case of Hussain v Chowdhury [2020] EWHC 790 (Ch) makes clear that, before giving permission to commence charity proceedings, the courts expect the parties to actively engage with alternative dispute resolution (ADR) procedures in trying to resolve their dispute.
Read moreCairn Energy said on Sunday that it had discussed multiple proposals with Indian government officials in recent days in an attempt to find a ‘swift solution’ to a long drawn-out tax dispute with the South Asian nation, Reuters reported.
In December, an arbitration body awarded the British firm damages of $1.2 billion plus interest and costs, after ruling India had breached its obligations to Cairn under the UK-India Bilateral Investment Treaty. FE Bureau adds: As reported by FE earlier, the Indian government wants Cairn to settle the dispute using the Vivad se Vishwas scheme.
Read moreAs per Rule 24.1 of Ontario's Rules of Civil Procedure, certain court proceedings in Ontario are subject to mandatory mediation. Even if it is not mandatory in a particular proceeding, mediation is a form of alternate dispute resolution that parties may want to consider to avoid a full trial, reduce the costs of litigation, and hopefully arrive at a settlement that is agreeable to everyone involved. Whether or not a mediation is successful is, in large part, dependant on the choice of mediator.
Read moreAmazon Sellers Attorney, a lawyer-supervised suspension appeal service, announced today that a Washington arbitrator has denied Amazon.com (AMZN) the right to retain a customer’s gift card balance after cancellation of his account. In an arbitration against Amazon Services, LLC brought by Wesley Nahm, the arbitrator awarded over $100,000 in gift card proceeds after Amazon cancelled the buyer’s account. Amazon claimed that it reasonably suspected that Nahm either obtained or applied gift card balances fraudulently, unlawfully, or in violation of the Gift Card Terms. However, Amazon presented no evidence to support its suspicions other than an unusually large balance and the large number of refunded transactions.
Read more
In a win for Ithaca College’s embattled adjunct faculty union, the American Arbitration Association said last week Ithaca wrongly disciplined Tom Schneller, part-time professor of music, for engaging in protected union activity. Ithaca recently announced heavy cuts to untenured faculty that threaten to decimate union ranks. In May, worried about potential layoffs, Schneller wrote a memo to full-time faculty colleagues called “Solidarity in a Time of Crisis: A Plea from Your Contingent Colleagues” and posted it to a virtual Ithaca message board.
Read moreProperty developers, construction contractors and others involved in the construction industry are frequent users of arbitration. The only limits to the nature and complexity of commercial disputes that can be referred to arbitration are the limits set by the arbitration agreement from which arbitrators (with help from both statute and judge-made law) derive their powers.
Arbitrators' powers are defined broadly in both statutes and contracts
Read moreWhen parties to a contract agree to settle any claims that may arise between them through arbitration, the Federal Arbitration Act (the FAA) sets forth a national policy favoring arbitration. As a matter of public policy, however, New York has sought—through the 2018 enactment of §7515 of the New York Civil Practice Law and Rules—to exempt certain types of claims from arbitration, including claims alleging discrimination under the New York State Human Rights Law. Through §7515, New York seeks to provide those who claim to have been victimized by sexual assault a public forum in which to air their grievances.
Read moreIn Short
The Situation: Construction disputes face unique challenges in addition to those faced in other types of commercial disputes. Parties often agree to adopt independent expert determination as a means of managing these challenges.
The Concern: Many boiler-plate independent expert determination clauses are not sufficiently tailored to the nature of construction projects or the particular circumstances of the project.
Read moreSEATTLE (AP) — The Washington state Senate has overwhelmingly passed a bill to create a panel of arbitrators to review police discipline decisions and to better track law enforcement arbitration cases statewide.
The measure is part of an ambitious package of police reform legislation that lawmakers are considering this session following Black Lives Matter protests that erupted in the wake of the police killing of George Floyd in Minneapolis.
Read moreThe City of Alexandria is setting itself up to be among the first municipalities in the state to pass an ordinance allowing for collective bargaining by unions on behalf of city employees.
A recent change in Virginia law, codified in Virginia Code § 40.1-57.2, permits counties, cities and towns to adopt an ordinance to legally recognize and negotiate with labor unions or other employee associations who represent the interests of public employees. The law goes into effect on May 1.
Read moreThe Los Angeles Superior Court system will launch a free online dispute resolution program next week for litigants in small-claims cases in an effort to settle the disputes without traveling to a courthouse, the court’s presiding judge announced Thursday.
Read moreYour life was building with a marriage, career and growing family, but now it’s not. Divorce isn’t merely a thought. It’s what’s happening. You’re sad, angry, and resentful, but you don’t want to create more destruction before it officially ends. If you want to end your marriage amicably and you and your soon-to-be ex are on good terms, divorce mediation is often the best path forward.
Read more