ICC – More efficiency and transparency in 2019

The ICC committed itself to make arbitration proceedings more efficient and transparent. To reach this objective, the institution has introduced several new policies in previous years. In 2016, the ICC began to publish arbitrators’...

US Supreme Court Rejects A “Wholly Groundless” Exception To Clauses Delegating Arbitrability

To paraphrase Pharaoh Ramses II, so it is written, so it shall be done. In Schein, Inc. v. Archer and White Sales, Inc., 586 U.S. __ (January 8, 2019), the first opinion by Justice Kavanaugh, a unanimous...

The Year Ahead – Competition: Governments are increasingly aware of the competition for international...

Governments around the world are becoming increasingly aware of the competition that exists for international disputes work, between and amongst national courts and arbitral institutions. Whilst some courts, such as in England and the...

The Year Ahead – Innovation: A new generation of legal analysis tools is emerging

A new generation of legal analysis tools is emerging. All of them rely on innovative use of data, and there is increasing use of machine learning to predict outcomes. Disputes lawyers have long been pioneers...

Turkey: “Mandatory Mediation” Not Mandatory For Parties Who Choose Arbitration

Recent Development The Law on the Execution Proceedings for the Collection of Monetary Receivables Arising out of Subscription Agreements No. 7155 (”Law”) was published in the National Gazette on December 19, 2018. The Law regulates...

Canada: Ontario Court of Appeal invalidates arbitration clause requiring arbitration in foreign jurisdiction

In its first decision of 2019, the Ontario Court of Appeal has overturned the lower court’s decision in Heller v. Uber Technologies Inc., 2019 ONCA 1. The Court of Appeal held that an arbitration...

Turkey: M&A Arbitration

This post is an extract from the first edition of GAR’s The Guide to M&A Arbitration, first published in December 2018. The whole publication is available at https://globalarbitrationreview.com/edition/1001270/the-guide-to-m-a-arbitration-first-edition. Frequency of M&A disputes The frequency of disputes...

Ukraine: Enforceability of emergency arbitral awards (JKX Oil & Gas PLC v. Ukraine)

The Ukrainian Supreme Court ruled in September 2018 on recognition and enforcement of the emergency arbitral award (the “Emergency Award”) rendered under the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of...

A Revised Swedish Arbitration Act to enter into force 1 March 2019

On 21 November 2018, the Swedish Parliament adopted revisions to the Swedish Arbitration Act ("SAA"). The revisions continue to reflect the influence that the UNCITRAL Model Law also had on the current 1999 Act,...

U.S.: Eleventh Circuit establishes a two-part test for the independent issues of whether a...

Outokumpu Stainless USA, LLC, et al. v. Converteam SAS, No. 17-10944 (11th Cir. 2018) Plaintiff Outokumpu Stainless, LLC ("Outokumpu"), through its predecessor ThyssenKrupp Stainless USA LLC, entered into three agreements to purchase from a...

Popular Articles