Swiss case law on multitier dispute resolution clauses: Is a pre-arbitral ADR attempt mandatory?

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Arbitration is the most popular choice for dispute resolution in multinational commercial agreements. At times, relevant arbitration clauses provide that arbitration proceedings can only be initiated after a failed attempt at an alternative dispute...

District Court of Munich confirms arbitrability of patent validity disputes

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The arbitrability of disputes concerning the validity and existence of patents has always been the subject of debate. Traditionally, the prevailing opinion among scholars and courts has been that such disputes are not arbitrable....

Supreme Court Holds That Section 1782 (For The Most Part) May Not Be Used...

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The Supreme Court has issued only two decisions on Section 1782. In this Alert, we discuss the second of those two decisions, ZF Automotive US Inc. v. Luxshare, Ltd., No. 21–401, issued on June...

Singapore: Tribunal not bound by precise terms of parties’ pleadings and submissions

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It is trite that an arbitral tribunal has no jurisdiction to decide any issue that has not been submitted to arbitration, and that the parts of an arbitral award that relate to such issues...

District court affirms arbitral award, holding that selection of ICC Rules provided clear and...

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Olin Holdings Ltd. v. State of Libya, No. 21-CV-4150 (S.D.N.Y. Mar. 22, 2022) In the 1990s, Libya made a number of legislative changes to foster foreign investment. This included entering into a number of Bilateral...

Brazilian Securities and Exchange Commission Regulates Disclosure to the Market of Information on Securities...

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Most securities disputes involving corporations listed in Brazil go to arbitration. For instance, to be listed at the "New Market" (the listing segment of corporations with the best corporate governance) at B3 (Brazilian largest...

SCC Express Dispute Assessment – Quick and Dirty?

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One year ago, in May 2021, the Arbitration Institute of the Stockholm Chamber of Commerce ("SCC") extended its portfolio of dispute resolution services with the SCC Express Dispute Assessment (“SCC Express”). The SCC Express...

District court orders party to withdraw actions in Mexico because the parties agreed to...

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Citigroup Inc. v. Sayeg, No. 21-cv-10413 (S.D.N.Y. Jan. 20, 2022) Factual Background Luis Sebastian Sayeg Seade ("Sayeg") was employed by Banco Nacional de México, S.A. ("Banamex"), a wholly-owned indirect subsidiary of Citigroup, organized under the laws...

A Complete Arbitration Framework in the Eyes of New DIAC Rules

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The recently issued Rules of the Dubai International Arbitration Centre (the "New Rules") have come into effect on 21 March 2022. The New Rules respond to the business needs of the international community and...

New York state court applies principles of contract formation set out in the CISG...

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In the Matter of the Application of New York State Department of Health, Petitioner, For an Order, Pursuant to Article 75 of the CPLR, staying an arbitration commenced by Rusi Technology Company, Limited, Respondent, 2022...

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