Cases The PCA is currently acting as registry in 4 interstate proceedings, 105 investor-state arbitrations and 65 cases under contracts or other agreements involving a state or other public entity. However HKIAC still handles more cases in absolute terms for now. The arbitration awards and arbitration award summaries provided on this Web site by the Office of Collective Bargaining (OCB) are provided for the sole purpose of information sharing. Enforcement of Arbitration Agreements. Isabella Conceicao Silva (White & Case, Trainee Solicitor, London) contributed to the development of this publication. New ICC Rules of Arbitration. Arbitration is a matter of contract. This textbook covers the origins of arbitration and walks through the seminal statutory and case law that shaped current day arbitration. I had written about last years top 5 arbitration cases for 2019.
Recent Cases; Search Cases. Case: NTPC Ltd. v. M/s Deconar Services Pvt. Local Court Decisions. Out of the 2,498 parties involved in cases filed with the ICC in 2019, 18 per cent were from the Middle East and Africa. JSC Zestafoni G Nikoladze Ferroalloy Plant v Ronly Holdings Ltd. Atlantic Plovidba & Or v. Consignaciones Asturianas. Arbitration Act, 1996- Landmark cases of 2019- 2020 Hindustan Construction Company Limited & Anr. As such, Californias indivisibility rule was preempted by the FAA. Although this long-awaited decision substantially clarifies the analysis of Section 1782 and its applicability to overseas arbitration between private parties under the rules of private organizations, the applicability of Section 1782 to treaty arbitration is not so clear. The case was remanded to the lower court for a sequential application of the correct anti-SLAPP standard. Further case-by-case development of the principles provided in the decision will be left to the lower courts While the spotlight of the CIS arbitration community is currently focused on investment disputes between Ukrainian claimants and the Russian Federation, moving to jurisdictional phase in mid-July 2016, other CIS states have also provided some noteworthy developments.. Recent cases involving alternative dispute resolution. Arbitration under the ICSID Convention. We end off our top 5 cases series for 2020 with the top 5 arbitration cases in Malaysia for 2020. Huber, Weston, Arbitration: Cases and Materials, 3rd ed. Case Search Cases and Organizations of Interest Decisions Administrative Law Judge Decisions After a Regional Director issues a complaint in an unfair labor practice case, an NLRB Administrative Law Judge hears the case and issues a decision and recommended order, which can then be appealed to the Board in Washington. As such, Californias indivisibility rule was preempted by the FAA. No. RUSSIA (State Immunity - Local Decision) by Ileana Smeureanu and Lucia Druetta. Arbitration. Current Awareness and Blogs; Books; Cases on Arbitration AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011) (via Westlaw) Also Available on Lexis+. In Sgouros v. (KF9085. Thus, parties should follow the arbitration law properly. The English courts have recently brought welcome clarity to several aspects of English arbitration law. The arbitration proceedings would begin with a written agreement. The Supreme Court of India has pronounced numerous judgments in the matters related to the Arbitration and Conciliation Act, 1996, from January, 2021 to May, 2021. The Supreme Court and Arbitration: What Recent Decisions Mean for Workers.
While courts enforce arbitration provisions absent extraordinary circumstances, four recent cases from different jurisdictions show that courts will not allow a proponent of arbitration to overreach by relying on a limited arbitration clause or one which is unreasonable under the circumstances. The effect of this indivisibility rule, as the Court saw it, was to coerce parties into withholding [such] claims from arbitration a result that the Court deemed incompatible with the FAA.. In January 2021, the new ICC Rules of Arbitration go into effect, including the new Article 11 (7) requiring the disclosure of the identity of any third-party funder to avoid potential conflicts of interest. A Win for Employers: On August 21, 2017, the First Appellate District issued a decision in OTO, LLC. Facts of the Case SAIL v. Jaldhi Overseas PTE Ltd., 2021 SCC Online Del 2642. v. Ken Kho, 14 Cal. The effect of this indivisibility rule, as the Court saw it, was to coerce parties into withholding [such] claims from arbitration a result that the Court deemed incompatible with the FAA.. The Steel Authority of India (SAIL) filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, impugning an Arbitral Award delivered by the Arbitral Tribunal on the ground of patent illegality. SALUKA v. THE CZECH REPUBLIC (Partial Award on the Merits), by Daniel Brawn. A Nevada judge dismissed the leagues motion to move the case to arbitration. The arbitrators could rely upon these decisions to decide upon such cases. In a recent case, the Supreme Court heard oral arguments in litigation that could impact employment-related arbitration disputes. The decision to take up the case, Morgan v. Sundance, Inc., came in the order list from the justices private conference on Nov. 12. When Is It Best To Use Conciliation ? Many legal experts assert that, yes, arbitration is better than going through litigation. One key reason is cost. Arbitration almost always saves disputing parties a lot of money. Thats because the schedule for discovery, evidence, and trial gets so compressed.
Increasing the information available to parties, the business community at large and academia is key in ensuring that arbitration remains a trusted tool to facilitate trade. Vs. Union of India & Ors. The Supreme Court recently issued two decisions addressing arbitration with significant impacts on workers. They discussed the collaborative practice and they also brought in a couple who had been through a collaborative divorce to provide a real-life perspective. INTERNATIONAL ARBITRATION CASE LAW (IACL) is a private, not-for-profit academic endeavour which, in partnership with the School of International Arbitration (SIA), Centre for Commercial Law Studies, Queen Mary University of London, aims at disseminating important decisions relevant to legal practitioners and scholars in the field of international arbitration and 5th 691 (2017) granting a car dealerships petition to compel arbitration with its former employee. Law360 (January 3, 2021, 12:02 PM EST) -- As we turn the page to 2021, there are several key cases international arbitration attorneys Recent Arbitration Experience as Counsel or Arbitrator Investor-State Arbitration Experience. Read Also Arbitration case study in construction in India. Read Also Arbitration Case Study & Important Judgments. There are 620 total joint motions for virtual hearings. The Supreme Court held that mere allegation of fraud simplicitor is not a ground to hold that the disputes between the parties cannot be settled by arbitration agreement. It is only in those cases where the Courts find that there are very serious allegations of fraud, then only the Courts hold such disputes as non-arbitrable. Next, it is key to retain the right arbitrator(s). An example of arbitration. 375 (65%) 198 (35%) 9. Recent Arbitration Experience as Counsel or Arbitrator. Recent Investment Arbitration Cases involving CIS States. 856/2021) The High Court of Delhi held that a party cannot restrict the right of the other party to invoke arbitration to a lesser period than provided under the Arbitration Act. Arbitration is a matter of contract. Can A Party Still Sue After Binding Arbitration? If a court has determined that the claim is subject to arbitration and there are not any other issues with the arbitration itself, then any kind of lawsuit is going to be stayed pending the resolution of that arbitration. Technically, they could sue, but the court is not going to go forward with Often, an arbitration clause will specify certain skills that are needed for the panel. In this, we will discuss the recent judgement passed by the Indian courts to reduce the scope of intrusion in the arbitral process and make India an arbitration-friendly jurisdiction. It enacted the Arbitration and Conciliation Act, 1996. The dispute arose under a contract concluded, on its face, between A and B. The power vested under Section 34(4) of the Arbitration Act to cure defects can be utilized in cases where the arbitral award does not provide any reasoning or if the award has some gap in the reasoning or otherwise and that can be cured so as to avoid a challenge based on the aforesaid curable defects under Section 34 of the Arbitration Act NLRB Case Map. In recent years, international commercial arbitration has taken an increasingly more important role on the global stage. REPUBLIC OF ITALY v. REPUBLIC OF CUBA (Final Award, Diplomatic Protection case) by Orlando F. Cabrera C. Mar. At the conclusion, the article summarizes some of the trends on the national scene. One recent case illustrates the difficulties employees now face when trying to enforce their rights under basic employment statutes. Vs. Northern Coal Field Ltd. 1 Relying on the doctrine of kompetenz kompetenz enshrined in Section 16 of the Arbitration & Conciliation Act, 1996 (Arbitration Act) and the legislative intent to restrict judicial intervention at pre-reference stage, the Supreme Court held that the issue of limitation would be decided by Nariman, Hon'ble Mr. Justice Surya Kant and Hon'ble Mr. Justice London-listed Cairn in December was awarded damages of $1.2 billion plus interest and costs, taking the current total to over $1.7 billion. Arbitration is a matter of contract. Recent cases in the region. Arbitration is a form of alternative dispute resolution, where private individuals are hired to resolve disputes between parties outside the courtroom. 1. In Sino Channel Asia Ltd v Dana Shipping & Trading PTE Singapore and another  EWCA Civ 1703, the Court of Appeal allowed an appeal from a decision that a notice of arbitration served on an agent's employee was not validly served. The Today Show aired a segment on Collaborative Practice. In addition, if the parties cannot resolve their disputes, they may submit them to arbitration. This post highlights general trends Forced arbitration is In April 2019, in Lamps Plus, Inc. v Varela,the US Supreme Court considered whether a court can order class-wide The third and final arbitration decision from the 2018 term was the latest in a string of class arbitration cases the Supreme Court has heard over the last decade. A summary is given of some recent cases in the English Courts which have wider implications; these cover appointment of arbitrators, variation of arbitration agreements, procedural issues and aspects of English judicial policy. DDA V. Varindera Construction Ltd. Facts: The Delhi Development Authority(DDA) filed a petition to set aside an arbitration award issued in favor of Varindera Construction Ltd. (VCL).
App. folder_open Arbitration. The Hong Kong International Arbitration Centre broke a number of its own records this year. Overview. Theodore v. Uber Technologies, Inc., C.A. 1074 of 2019) Decided on 27.11.2019 A three member bench of the Hon'ble Supreme Court comprising of Hon'ble Mr. Justice R.F. Herbert Smith Freehills has issued the latest edition of its India arbitration e-bulletin. 1 See further our previous alert, "Third Party Funding in Arbitration: Reforms in Nigeria". By Caroline Simson. It was the only new case in which the justices granted review. Gruden, the former Raiders coach, claims that the N.F.L. The best arbitration case starts with a good arbitration clause that gives the entity the right to seek or demand arbitration before decision makers who will follow the law and understand the industry. Median damages in arbitration cases totaled $36,500, compared with $86,000 in state courts and $176,000 in federal court, the analysis found. It was refiled on 27-2-2020, and then again on 29-2-2020 and finally on 2-3-2020. leaked disparaging emails that led Varindera Construction Ltd.  The Delhi Development Authority (DDA) filed a petition under Section 34 against Varindera Construction Limited (VCL) to set aside an award dated 2-11-2019. Partial Award on the Merits. In the current time when the country has over 4 crores pending cases, mediation is set to become an effective alternative dispute resolution (ADR) mechanism says Laila Ollapally, founder of Centre for Advanced Mediation Practice (CAMP) now known as CAMP Arbitration & Mediation Practice. Since then, several cases have been referred to the higher court of appeal. International commercial arbitration has continued to play a major role in businesses and the facilitation of peaceful co-existence on the international scene. Uttarakhand Purv Sainik Kalyan Nigam Ltd. In recent years, the system has successfully handled certain business and commercial disputes that would have been difficult to resolve in the national court. With 318 cases, HKIAC received its highest number of new arbitration filings in over a decade. In a recent case, Whittakers #chocolate incorporated an arbitration clause in its distribution agreement with the Canadian company Husky, selecting #arbitration by The purpose of this article is to briefly bring you up to date on recent developments in Arizona case law related to alternative dispute resolution (ADR), particularly arbitration and mediation. Ltd. While courts enforce arbitration provisions absent extraordinary circumstances, four recent cases from different The arbitration awards are not intended to infer approval or disapproval by OCB, but are merely arbitration awards issued with the State as a party. Since the postponement of in-person hearings, and as of May 31, 850 arbitration cases have conducted one or more hearings via Zoom (356 customer cases and 494 industry cases). 6. 582. Arbitration under UNCITRAL and Other Non-ICSID Rules . The setting aside petition was filed on 28-1-2020. Introduction. We are seeing many international arbitration centers and venues being developed in order to facilitate more arbitration activity. The total amount in arbitration disputes handled by HKIAC was HK$68.8 billion (approximately US$8.8 billion). Introduction. Results can be viewed in tabular form below the map by clicking on a Region. (263 in customer cases and 357 in industry cases). On Monday, the court agreed to hear a lawsuit from a fast-food worker who alleges that a lower court treated an arbitration clause too favorably. Arbitration Cases Weekly Round-Up: June 19 June 25, 2022. The MEA region is particularly active in international arbitration. We set out below a few key cases addressing arbitration issues decided by English courts in the past year. 18-cv-12147 (D. Mass. This directory provides key information on ICC a rbitration cases without compromising expectations of confidentiality. (NCT) of Delhi (Judgment dated 06.10.2021 in ARB.P. Information provided in ICC cases registered as of 1 January 2016: (i) the names of the 22 May 2021 11:34 AM GMT. Thus, an arbitrator should join cases only if either all the parties expressly agree, or (a) their right to equal treatment will not be violated and (b) the joinder will not only create more overall efficiency but also (all) the individual parties will benefit. 96 As said, this will usually be the case in multi-contract (bi-party) arbitration In this issue we consider various court decisions, which cover issues such as the constitutional validity of s87 of the Arbitration Act, setting aside an award on the grounds of bias, and the time limits surrounding enforcement of awards. Again, this is a record high since 2011. Unfair Labor Practice (C cases) and Representation (R cases) can be seen in a pop-up box. 1. Sagar Constructions v. Govt. The current bulletin discusses a recent decision of the Delhi High Court (DHC) as an example of why it is necessary to pay due attention to arbitration clauses at the time of entering into agreements between Indian and foreign parties. The current Bill also retains this provision allowing a party to claim the costs of obtaining TPF as part of its costs of arbitration. Arbitration under the Additional Facility . While courts enforce arbitration provisions absent extraordinary circumstances, four recent cases from different jurisdictions show that courts will not allow a pr Arbitration Loss of use damages. Countries such as the United Arab Emirates, Saudi Arabia, and Qatar are among the most frequent nationalities among parties, representing respectively 3.12 In Singh v Modgill, 2022 ABQB 369, Justice Feasby denied the Applicants application to set aside and for permission to appeal an arbitral award pursuant to sections 44(2) and 45 of the Alberta Arbitration Act, RSA 2000, c A-43.. On the eve of trial and after 15 years of litigation, the parties submitted their dispute to a mediation-arbitration process. 26 Jun 2022 4:15 AM GMT. View case or election-related data for the current fiscal year, by hovering over a region on the map. H83 2011). The following recent case studies are not intended to comprise a complete picture of arbitration law as it stands today. ( Writ Petition (Civil) No. Cost of Proceedings.