Mark Ashworth - ADR Solutions


Arbitration News

Arbitration News

12/02:

California District Court Grants Motion to Compel, Referring Issue of Arbitrability to Hong Kong Arbitration Forum

A district court in California granted a motion to compel arbitration at the Hong Kong International Arbitration Centre as per the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

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12/01:

Med-Arb: Is It the Wave of the Future?

The pressure on the Alternate Dispute Resolution world to handle what I believe will be a dramatic increase in volume offers the opportunity to consider a third or hybrid process of dispute resolution known as Med-Arb, the melding of the two established conflict resolution processes – mediation and arbitration.

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11/24:

Tesla Owner's Bid to Avoid Arbitration in Battery Dispute Fails

The Ninth Circuit Court of Appeals has dashed a Tesla owner’s plea to avoid arbitration regarding a battery dispute. Prior, a trial court ruled that Tesla Inc. can compel several used-car buyers to individually arbitrate claims that it overstates the battery life of some pre-owned electric vehicles wasn’t a final. The owners tried to appeal this but the Ninth Circuit ruled that this was not an appealable order. "The appeals court, therefore, lacks jurisdiction, the panel said."

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11/24:

A Rare Occurrence: California Court Overturns Arbitrator's Award
Employers should review their NDA agreements to ensure the definition of “confidential information” is not so broad that it become a restraint on practicing a chosen profession, trade or business

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11/10:

What law governs your arbitration clause? You decide.

It will probably surprise you to hear that this is an issue that has vexed the courts and commentators, in England and internationally, for many years.

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11/10:

Arbitration agreements: Governing law

United Kingdom November 6 2020 - Clarification has recently been given by the Supreme Court in Enka v Chubb Russia [2020] UKSC 38, on the principles to be applied to determine the proper law of an arbitration agreement, in particular where the governing law of the contract differs from the law of the seat of the arbitration.

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11/03:

One more reason to arbitrate: BC's new Arbitration Act

Arbitration has become an increasingly popular method for resolving legal disputes traditionally dealt with through the court system. Arbitration is known to be far more efficient and capable of delivering final results to litigants.

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10/27:

London Court of International Arbitration (LCIA) Issues New Arbitration Rules

The London Court of International Arbitration (LCIA) issued its new arbitration and mediation rules on Oct. 1, 2020. These rules will apply to all arbitrations commenced after said date unless the arbitration agreement indicates something different. The LCIA is one of the most prestigious and important arbitral institutions in the world, and an option to consider in any dispute.

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10/27:

Updates to ICC Arbitration Rules Aim for More Efficient, Flexible and Accountable Arbitrations

On October 6, 2020, the International Court of Arbitration to the International Chamber of Commerce (ICC) adopted updates to its Rules of Arbitration, which will come into force on January 1, 2021. Among other things, the 2021 ICC Rules shall provide greater efficiency and flexibility in arbitrations held under the 2021 ICC Rules.

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10/20:

Which country's laws govern an arbitration agreement?

Where parties have chosen to arbitrate their disputes, but have not specified the law of the contract or arbitration agreement, what laws apply to the arbitration agreement?

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