The Rinehart case: to stay or not to stay

Introduction The courts are often requested to enforce an arbitration agreement by granting a stay of court proceedings.  A stay application may be made when a party has commenced court proceedings even though the...

Ninth Circuit Court vacates arbitration award based on reasonable impression of arbitrator bias

In Monster Energy Co. v. City Beverages, LLC, Nos. 17-55813 & 17-56082 (9th Cir. Oct. 22, 2019), the United States Court of Appeals for the Ninth Circuit, vacated an arbitral award based on later-discovered...

Swiss Supreme Court confirms high barrier for extension of a State-owned entity’s arbitration clause...

In its decision dated 24 September 2019, the Swiss Federal Supreme Court ("SFSC") held that a State is only bound by an arbitration clause signed by its State-owned company if the State constantly and repeatedly...

Singapore Court of Appeal rules that “arbitration in Shanghai” naturally refers to arbitral seat

The Singapore Court of Appeal recently reversed the ruling of the Singapore High Court in BNA v BNB and Another ( SGCA 84). It found that Shanghai, not Singapore, was the parties' chosen arbitral seat...

Application to reject award based on public-policy defense under the New York Convention fails

In Sladjana Cvoro v. Carnival Corp., , the United States Court of Appeals for the Eleventh Circuit affirmed the judgment of a district court denying a request to reject an award based on the...

Foreign Arbitral Award ceasing to exist following a Compromise or Settlement by the parties...

Does a foreign arbitral award "cease to exist" when a compromise of the award is made an order of the Court at the seat of arbitration? In Government of the United Republic of Tanzania...

Second Circuit Court: Non-party class members bound by arbitrator’s determination on class arbitrability

In a recent decision (Jock v. Sterling Jewelers Inc., No. 18-153-cv (2d Cir. Nov. 18, 2019)), the United States Court of Appeals for the Second Circuit held that an arbitrator's determination of class arbitrability...

ISTAC Introduces Mediation-Arbitration Rules

The Istanbul Arbitration Centre (“ISTAC“), one of Turkey’s leading arbitration institutions, introduced the ISTAC Mediation-Arbitration Rules (“Rules“) regarding alternative dispute resolution on 15 November 2019 after introducing the Arbitration and Mediation Rules on 26...

India’s Arbitration and Conciliation (Amendment) Act 2019 comes into force

On 9 August 2019, the Arbitration and Conciliation (Amendment) Act 2019 (“the Amendment Act”) came into force in India. The legislative changes introduced by way of the Amendment Act seek to promote institutional arbitration...

Singapore Court of Appeal rules that an arbitral award made in the wrong seat...

The Singapore Court of Appeal ("SGCA") recently ruled in ST Group Co Ltd and others v Sanum Investments Limited and another appeal SGCA 65 that once an arbitration is incorrectly seated (i.e. in a seat...

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