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3,400 results found

Article

Fox Williams LLP | United Kingdom | 29 Apr 2020

The Proper Law of the Arbitration Agreement - Express Choice makes a come-back?

I have previously written extensively on the question of the proper law of an arbitration agreement where I concluded that absent express choice, any…
Article

Lakshmikumaran & Sridharan | India | 13 Feb 2020

Statutory Arbitral Tribunals have power to grant interim injunction u/s. 17 of Arbitration and Conciliation Act

Part I of the Arbitration and Conciliation Act, 1996 shall apply to all arbitrations, even carried out under another enactment, as long as the same…
Article

King & Wood Mallesons | Australia | 13 Nov 2019

Key insight into claim on Warranty & Indemnity insurance

The Supreme Court of Victoria has considered whether an insured buyer under a warranty and indemnity (W&I) policy is entitled to indemnity from an…
Article

Clyde & Co LLP | Germany | 3 Sep 2019

Knock-for-knock liability - Does it work in the German market?

Due to the large number of offshore windfarm projects having already been completed or being under construction in the German Exclusive Economic Zone…
Article

Schellenberg Wittmer | Switzerland | 19 Aug 2019

Swiss Supreme Court sets aside renewed award due to non-compliance with earlier decision rendered in same arbitral proceedings

In Decision 4A_462/2018, the Swiss Supreme Court set aside a renewed final award. It held that the Arbitral Tribunal had not complied with an earlier…
Article

Schellenberg Wittmer | Switzerland | 12 Aug 2019

Arbitral tribunal's reliance on contractual interpretation by previous tribunal not surprising (Swiss Supreme Court)

In Decision 4A_628/2019, the Swiss Supreme Court rejected an application to set aside an award based on an alleged violation of a party's right to be…
Article

Schellenberg Wittmer | Switzerland | 15 Apr 2019

Tribunal lacked jurisdiction as party had no special authority to enter into arbitration agreement (Swiss Supreme Court)

In decision 4A_386/2018, the Swiss Supreme Court rejected an application to set aside an award, confirming the arbitral tribunal's decision denying…
Article

Law Senate | India | 8 Apr 2019

After Conclusion of arguments if an Arbitrator wishes to withdraw, the majority tribunal can proceed and pass the Award in India

An Arbitral Tribunal normally consists of either one or three arbitrators. In a three member, Arbitral Tribunal, the award may be passed by all the…
Article

White & Case LLP | Global | 1 Apr 2019

Selecting the Party Appointed Arbitrator: Key Considerations

The objective of any party facing the selection of a party-appointed arbitrator is to maximize its chances of winning. The ideal party-appointed…
Article

Barnes & Thornburg LLP | USA | 27 Mar 2019

Here We Go Again? NLRB ALJ Invalidates Part Of Pfizer’s Mandatory Arbitration Pact

Employers breathed a collective sigh of relief last year when the U.S. Supreme Court ruled that class action waivers contained in mandatory…
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