Clear all

Refine your search

Tags
Author
Territory

110 results found

Commentary
Ask Lexy

Norton Rose Fulbright | Global | 2 Sep 2021

Top 10 considerations for drafting arbitration agreements

Arbitration agreements are often treated as one-size-fits-all precedents that are included in commercial contracts without much thought. This approach can be counterproductive and result in increased time, cost and complexity to resolve disputes. A well-drafted arbitration agreement, taking into account the issues identified by this article, may serve to mitigate those risks.
Commentary
Ask Lexy

Kubas Kos Gałkowski | Poland | 26 Aug 2021

Arbitration clause in lease agreement does not bind property buyer

Disputes can often occur in the real estate market when a commercial property for lease is acquired from developers by investment funds. Such sales usually happen after the first lease agreements have been concluded; these agreements often contain arbitration clauses. Stakeholders should carefully consider Supreme Court case law regarding whether an arbitration clause in such an agreement......
Commentary
Ask Lexy

Dentons | Singapore | 11 Apr 2019

Need for speed: get your anti-suit injunction fast!

Parties entering into arbitration agreements ordinarily abide by their contractually chosen dispute resolution mechanism and proceed accordingly. However, counterparties sometimes start proceedings in a foreign jurisdiction in breach of an arbitration clause. A recent Singapore Court of Appeal decision sets out firm guidance that a party that finds itself in this scenario should act as fast......
Commentary
Ask Lexy

Makarim & Taira S. | Indonesia | 11 Apr 2019

BANI legal status up in the air

The Indonesia National Board of Arbitration (BANI) was established in 1977. In 2016 the Ministry of Law and Human Rights created BANI Pembaharuan (ie, the Renewed BANI), which claims that it is a revised version of the original BANI. However, the original BANI does not recognise the Renewed BANI and claims that it has been using the BANI name unlawfully. This duality could create uncertainty......
Commentary
Ask Lexy

Clifford Chance | United Kingdom | 11 Apr 2019

Court upholds tribunal's jurisdiction over settlement agreement lacking express arbitration clause

The High Court recently found that a tribunal had jurisdiction over a dispute that arose from a settlement agreement lacking an express arbitration clause. The decision serves as a reminder of the delays and additional costs that may be incurred if an agreement is unclear as to the applicable dispute resolution mechanism. Parties can reduce the risks of such delays and costs by including an......
Commentary
Ask Lexy

Borden Ladner Gervais LLP | Canada | 28 Mar 2019

Attempting to consolidate arbitral and non-arbitrable disputes can compromise arbitration agreements

The Ontario Superior Court recently considered the application and operability of an arbitration clause in a subcontract in the context of a related claims proceeding under a related main contract. The case highlights the challenges involved in drafting pre-dispute arbitration clauses that will operate effectively when multiple claims arise between multiple parties under multiple contracts.
Commentary
Ask Lexy

Saikrishna & Associates | India | 18 Mar 2019

Moral rights: can authors waive their special rights?

The Copyright Act specifically addresses authors' special rights, which comprise the right to claim authorship of a work and the right to prevent any distortion, modification or mutilation of a work which would be prejudicial to the author's reputation. While jurisprudence on moral rights is still relatively limited, a few foundational cases are emblematic of India's approach and the......
Commentary
Ask Lexy

Khaitan & Co | India | 14 Mar 2019

Arbitrability of consumer disputes: loophole in Booz Allen framework?

The Supreme Court recently ruled that consumer disputes are incapable of being submitted to arbitration, placing them in the infamous category of 'non-arbitrable' subjects in India. However, the court also stated that where an elected consumer fails to file a consumer complaint, the parties are not barred from submitting the dispute to arbitration. This article analyses whether such a......
Commentary
Ask Lexy

Norburg & Scherp | Sweden | 14 Feb 2019

Does lack of impartiality justify a reduction in arbitrators' compensation?

Although parties have the right to appeal arbitrators' compensation that has been decided by an arbitral institution and included in an arbitral award, a recent Svea Court of Appeal judgment suggests that strong reasons are required to adjust such a decision when it has been made in accordance with an arbitration agreement between said parties. Further, the existence of circumstances which......
Commentary
Ask Lexy

Khaitan & Co | India | 13 Dec 2018

Revisiting Supreme Court Centrotrade decision and utility of two-tier arbitration clauses

Two-tier arbitration clauses or appellate arbitration mechanisms were upheld by a three-judge bench of the Supreme Court in Centrotrade Minerals and Metal Inc v Hindustan Copper Limited. This article discusses the evolution of the jurisprudence surrounding two-tier arbitration in India and analyses both the utility of such a mechanism for the parties and its usefulness in certain situations.
Previous page 1 2 3 ...