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Arbitration Agreements

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Baker McKenzie has released its North American Arbitration Primer. This builds on the success of Baker McKenzie’s Asia Pacific Arbitration Primer that was published and distributed last year. The North American Arbitration Primer, like its Asia Pacific counterpart, is an accessible tool allowing readers to stay abreast of arbitration laws in North America. Drafted through collaboration with our arbitration partners in the region, the North American Arbitration Primer is now accessible through the Firm’s North…

Today the Brazilian Federal Government issued the Provisional Measure 752/2016, with new rules for extending the term of some concessions of railways, highways and airports, in consideration for additional investments. Those rules also apply to termination of certain supposedly problematic concessions, which will be subject to new bids to replace the service provider. Those rules were issued in the context of the new Brazilian privatization program (Programa de Parcerias de Investimentos – PPI) implemented by…

California continued its ongoing debate on arbitrations and class actions in July when its Supreme Court held that in some cases an arbitrator, not the court, must decide whether an arbitration agreement permits class arbitration. This case is important because it rejects a universal rule on who should be the decision-maker in favor of a case-by-case analysis. In Sandquist v. Lebo Automotive, Inc., No. S220812 (Cal. July 28, 2016), the California Supreme Court did not address the…

The new SIAC Rules 2016 (the “2016 Rules”) will now allow disputes to be consolidated or parties to be joined to an existing arbitration. Clearly unmeritorious claims and defences can now be dismissed at an early stage. Other changes have also been made to make SIAC arbitration a quicker and more efficient process. Key changes The 2016 Rules will come into effect on 1 August 2016. We summarise the key changes below. Consolidation and Joinder…