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Arbitration News

Arbitration News

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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10/20:

Challenges And Opportunities Of Virtual Hearings In International Arbitration

COVID-19 social distancing measures and travel restrictions have particularly affected certain aspects of arbitral proceedings.

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10/20:

To Hold Police Accountable, Ax the Arbitrators

Communities should have the power to fire abusive officers. But that power often rests with an obscure group of unelected labor arbitrators.

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10/13:

English Supreme Court decides approach to determining governing law of arbitration agreement
On 9 October 2020, the English Supreme Court handed down its judgment in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, which is likely to become the leading English law authority on the applicable principles relating to determining the proper law of an arbitration agreement and the role of the courts of the seat in granting anti-suit relief.

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10/13:

Virtual Reality Of Arbitration Hearings

Due to uncertainties created by the pandemic, virtual hearings will continue to remain the default option in particular in domestic, international and cross border proceedings, in which in-person appearances are made difficult by travel constraints.

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9/22:

Affirmed: “Cluttered” Website Means No Agreement To Arbitrate

Clean up that website!! “Clutter” may obscure and negate attempts to highlight terms and conditions that require arbitration of Telephone Consumer Protection Act (TCPA) disputes. A “hard to find [link to Ts & Cs] on a cluttered web page” can be a recipe for such a result.

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9/22:

Court-Ordered Non-binding Arbitration: A Way to Move Your Case Forward During COVID

This article explores an alternative for civil trial attorneys to utilize court-ordered, nonbinding arbitration to move a case forward during COVID-19 restrictions.

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9/15:

Whether And How To Compel Remote Arbitration

This article discusses the complex issue of whether and how an arbitrator can compel parties to participate in remote arbitration hearings amid the novel coronavirus pandemic.

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