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Zhong Lun Law Firm | China | 16 Dec 2022
中国垄断民事纠纷可仲裁性的现状与初步探讨
自《中华人民共和国反垄断法》（《反垄断法》）颁布以来，垄断民事纠纷能否仲裁的分歧一直存在。近期，最高人民法院公…
Cecil Abraham & Partners | Malaysia | 3 Mar 2022
Conducting arbitration in Malaysia: doctrine of separability, jurisdiction and arbitrability
This article is part of a series on conducting arbitration in Malaysia. In particular, it discusses the doctrine of separability, which became part of Malaysian law through section 18(2) of the Arbitration Act 2005, jurisdiction – with regard to the "competence-competence" principle and the interaction of national courts and tribunals – and subjective and objective arbitrability.
Khaitan & Co | India | 3 Mar 2022
Arbitrability of disputes under debt recovery laws
The arbitrability of disputes undoubtedly represents the largest segment of litigations arising out of the Arbitration and Conciliation Act 1996. The primary reason behind the arbitrability of disputes being such a common issue in the courts is the Act's lack of classification of disputes as arbitrable or non-arbitrable. However, the judiciary has stepped in to fill the gaps that were laid......
Khaitan & Co | India | 24 Feb 2022
Unstamped arbitration agreements: referral to arbitration
The Supreme Court of India recently attempted to provide much-needed clarity on the issue of the enforceability of an arbitration clause contained in an unstamped or insufficiently stamped agreement. While the judgment must be commended for providing some clarity on this aspect and being in line with India's pro-arbitration stance, it does leave room for some doubt insofar as the......
Cecil Abraham & Partners | Malaysia | 17 Feb 2022
Arbitration agreements in Malaysia: enforcement
Section 6 of the Arbitration Act 1952 gives the court power to stay proceedings where there is submission to arbitration. Under the Arbitration Act 2005, there are two principal methods by which the court may give effect to an agreement to arbitrate – namely, to stay an action or to refer the dispute to arbitration pursuant to section 10 of the Act. This article is part of a series on......
Machado Meyer Advogados | Brazil | 20 Jan 2022
Rio de Janeiro Court of Justice ruled in favour of disregarding arbitration agreement due to bankruptcy of contracting party
Despite the fact that any discussion as to the constitutionality of the Arbitration Act has already been fully overcome, the Rio de Janeiro of Court of Appeals decided to review the issue of non-obviation of judicial jurisdiction to deny the enforceability of an arbitration clause due to the supervenience of a decree of bankruptcy of one of the contracting parties. If the decision is not......
Orrick, Herrington & Sutcliffe LLP | USA | 13 Oct 2021
8th Circuit says website terms of use are unenforceable
On October 8, the U.S. Court of Appeals for the Eight Circuit overturned a district court’s ruling that a corporate Defendant’s arbitration clause…
VISCHER AG | Switzerland | 1 Oct 2021
Arbitration in Switzerland
In this part 2 of our blog series on dispute resolution in Switzerland, we focus on arbitration. Switzerland has a long tradition as a venue for…
Norton Rose Fulbright | Global | 30 Sep 2021
International arbitration: new rules to increase efficiency and transparency
The International Centre for Dispute Resolution – the international division of the American Arbitration Association – and the Australian Centre for International Commercial Arbitration have each recently released updated rules of arbitration. These rules seek to increase efficiency in international arbitration and modernise the institutional response to issues faced by parties in......
Duane Morris LLP | USA | 3 Dec 2020
Arbitrability Returns to the Supreme Court in Henry Schein, Inc. v. Archer & White Sales, Inc., the Sequel
Arbitrability—or who decides what claims are subject to arbitration—is returning to the Supreme Court next week for the second time in as many years…
