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In Applicable Law

The International Arbitration Bill: South Africa as a preferred Arbitration Venue on the Horizon?

by 10 Mins Read

As the world becomes more globalized and as ongoing international investment interest and economic growth across Africa continues unabated, a sound international arbitration framework can assist business. It can provide international and local businesses in Africa with a comfortingly familiar process, that, if managed properly, can provide private, effective and cost effective dispute resolution for those venturing into new markets or growing in existing markets. A reason for international arbitration’s increasing popularity in Africa may…

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In Applicable Law

Share With Care: US Court Finds Attorney Client Privilege Waived Through Use of Cloud Sharing Site

by 7 Mins Read

Practicing law in a time when information sharing technology is rapidly evolving poses significant challenges, especially with respect to an area of law that for the most part, lacks uniformity and remains fairly unpredictable—that is, evidentiary privilege in international arbitration. The recently decided case of Harleysville Ins. Co. v. Holding Funeral Home, Inc., highlights how evolving technology may inadvertently result in the waiver of attorney client privilege under some jurisdictions’ rules. For this reason, parties…

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In Applicable Law

Brazilian Senate Approves Bill of New Public Bids Law, Authorizing Arbitration for Public Contracts

by and 2 Mins Read

On December 23, 2016 the Brazilian Senate approved a bill for a new law to regulate public bidding procedure (the “Bill”). In Brazil contracts with state entities in principle shall be subject to such public bidding procedures, which include invitation for qualified interested parties to participate in the bid, as well as publication of draft agreements for the bidders’ comments before the bid. The Public Bids Bill expressly authorizes arbitration on contracts involving state-owned entities,…

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In Applicable Law

USA: Fourth Circuit Rejects Arbitration Clause Waiving Federal Statutory Rights

by 4 Mins Read

In Hayes v. Delbert Servs. Corp., No. 15-1170 (4th Cir. Feb. 2, 2016), the Fourth Circuit refused to enforce an arbitration agreement that forbid pursuit of federal statutory rights by mandating application of tribal law. Western Sky was an online lender owned by a member of the Cheyenne River Sioux Tribe (the “Tribe”) and located on reservation land. From the reservation, Western Sky issued payday loans with staggering interest rates to consumers across the country. The loan issued…

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