Home Arbitration Agreements

Arbitration Agreements

The limits of consent in multi-party arbitration agreements

0
Certain arbitration rules, such as Article 22.1(vii) of the London Court of International Arbitration Rules (“LCIA Rules 2014”), provide for a “forced joinder.” This...

Supreme Court of Canada finds Uber arbitration clause is unconscionable

0
In Uber Technologies Inc. v. Heller, 2020 SCC 16 ("Uber v. Heller") the Supreme Court of Canada upheld the Ontario Court of Appeal's decision...

German Federal Court of Justice applies CISG to validity of the arbitration agreement

0
The arbitration agreement is a separate agreement from the substantive agreement (= doctrine of separability). As a result, the arbitration agreement can be governed...

New Inter-State-Arbitration Mechanism under the EU-UK Trade and Cooperation Agreement

0
All well that ends well? After more than four years since the Brexit vote and just one week before the end of the Withdrawal...

Swiss Supreme Court denies the extension of an arbitration clause to a third party...

0
In a recent decision published 13 November 2020, the Swiss Federal Supreme Court ("SFSC") granted the appeal against the partial final award of an...

The Supreme Court in Enka v Chubb on the law applicable to the arbitration...

0
Introduction In Enka Insaat ve Sanayi AS (Respondent) v OOO Insurance Company Chubb (Appellant) UKSC 38, the UK Supreme Court dismissed Chubb's appeal,...

The long and winding road: The evolving interface between winding-up petitions and arbitration agreements...

0
Introduction Under Hong Kong law, a company shall be deemed to be unable to pay its debts if a creditor, to whom the company...

Multi-tiered dispute resolution clauses: a reminder of the Court of Appeal’s split decision

0
The dispute resolution clause is often referred to as the "midnight clause" as it is commonly reviewed at the 11th hour of the contract...

Resolving Circuit Split, US Supreme Court Unanimously Rules That New York Convention Does Not...

0
On June 1, 2020, in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, the US Supreme Court ruled, in a...

English Court of Appeal provides much needed clarity on the proper law of an...

0
Introduction The rules around the law applicable to an arbitration agreement generate considerable discussion in arbitration circles, both in England and elsewhere. The two...