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Byline: Bar & Bench In Episode 2, Payal Chawla speaks to Advocate Dr. Amit George on the complex issue of limitation for appeals under Section 37 of the Arbitration and [...]

Byline: Payal Chawla The article provides a fair and balanced assessment of The Draft Arbitration and Conciliation (Amendment) Bill, 2024. The Department of Legal Affairs, Ministry of Law & Justice, [...]

Byline: Bar In Episode 1, Chawla speaks with Justice Lokur on the recent Ministry of Finance Office Memorandum which calls for mediation and litigation over arbitration for high-value disputes in [...]

Byline: Payal Chawla Hina Shaheen, Payal Chawla, Hina Shaheen The article discusses the ambiguous nature of Section 12(5) of the Arbitration and Conciliation Act, 1996, which can be interpretated in [...]

Byline: Vivek Mathur Ivan, Vivek Mathur In a notable decision, the Rajasthan High Court has set a significant precedent concerning the application of criminal law in cases related to commercial [...]

Byline: Payal Chawla The author discusses the decision of the Supreme Court in the Borse Brothers case and how it leaves several unanswered questions. The issue of limitation for filing [...]

Byline: Bar & Bench Justice Kohli said that both regions must ensure that they are well equipped to handle the complexities by strengthening institutional framework, harmonising regional practices and embracing [...]

Byline: Bar & Bench Supreme Court Judge Justice Hima Kohli will deliver the Special Address at the Conference. The Indian Council of Arbitration (ICA) with the support of Federation of [...]

Non-compulsory amicable dispute resolutions were examined by reviewing the legal nature and concept of mediation and conciliation within the legislations of the UAE and Egypt, in line with contemporary international legislations, such as that of France. We considered those civil and commercial law disputes which may be subject to amicable dispute resolution in pre-trial proceedings, including labour and family law matters and intellectual property rights. Within the latest legislative amended provisions, we also focused on whether the role of the judiciary within the amicable dispute resolution process is an efficient means of conciliation/mediation, and found that some modification of the respective Egyptian and Emirati judicial roles concerning the appointment of a conciliator/mediator is required. With regard to reaching an independent agreement, we present a potential model for doing so via amicable dispute resolution which is based on judicial procedures and strict binding stipulations.

it has been almost two years since free trading officially commenced under the African Continental Free Trade Area (' AfCFTA '). Much has been written about this topic, and one [...]

Byline: Debayan Roy The apex court ordered the Allahabad High Court Chief Justice to present a road map towards early disposal of commercial cases. The Supreme Court on Thursday expressed [...]

Previous examples include the nonprofit Arbitral Women formed in 2005 and dedicated to advancing the interests of female practitioners and arbitrators in the international arbitration community; the Equal Representation in Arbitration Pledge (ERA) launched in 2015 to narrow the gap between male and female arbitrators sitting in international arbitration proceedings; and Racial Equality for Arbitration Law (REAL), started in January 2021, aimed to increase both opportunities for underrepresented groups and racial and ethnic diversity in international arbitration. Emergency arbitration procedures allow parties to seek such relief from an arbitrator on an emergency basis before the tribunal has been constituted. In this issue, we focus on international arbitration. [Extracted from the article]

The wave of setting up international commercial courts has emerged internationally. Following the trend, China established the China International Commercial Court (CICC) in 2018. The CICC exercises consensual jurisdiction and non-consensual jurisdiction over international commercial disputes, and has jurisdiction to support international commercial arbitration. This article analyses the CICC’s criteria for determining international commercial disputes and the specific requirements for each type of jurisdiction based on the relevant provisions and judicial practice of the CICC. In addition, this article identifies the drawbacks of the CICC’s current jurisdiction system, and provides several suggestions for refinement, including the modification and clarification of the criteria for determining the internationality and commerciality of disputes, the removal of restrictions on jurisdiction agreements, the clarification of substantive standards for case transfer, and the expansion of its jurisdiction to support international commercial arbitration.

Last year, Luxembourg enacted its new arbitration law, part of a major reform of the arbitration legal framework in the country. This law is part of the country’s effort to reinforce arbitration as an alternative mechanism for cross-border commercial disputes. Drawing inspiration from the French arbitration law, Luxembourg’s law is imbued by a spirit of liberalism and openness. The new law, defined in seven chapters of Luxembourg’s New Code of Civil Procedure, is expounded upon in order to highlight Luxembourg’s initiative to put in place a liberal arbitration regime that follows closely the French model.

As a special administrative region of China, Macao preserves a previous continental European civil law system with a transition into a Chinese constitutional and legal framework, embedded in a mixture of Chinese and Portuguese legal culture. Since its return to China in 1999, Macao has seen a rapid economic growth in the past 20 years with a drastic social and economic change. To respond to the increasing number of civil and commercial disputes, Macao adopted a new arbitration law at the end of 2019 to facilitate and promote the use of arbitration as an alternative to the court litigation in settling civil and commercial disputes. With a comparison of the content of Macao’s former Law on Voluntary Arbitration(29/96/M) of 1996 and the New Arbitration Law in light of the region’s civil procedure system, this article will provide an overview and preliminary analysis on Macao’s New Arbitration Law of 2019, with a focus on the scope of application of the New Arbitration Law, provisional and interim measures, and recognition and enforcement of arbitral awards.

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Given that most States do not have experience in investor-State mediation and may only have limited developed formal mediation processes for commercial disputes within their domestic legal systems, a significant amount of work would have to be undertaken in respect of investor-State mediation. The current study therefore explores the use of court-connected negotiation, mediation, and litigation in the Singapore Family Justice Courts. The findings show that a majority of mediators in both civil and family cases say that they themselves have the most influence on how the mediation begins, and many mediators say that they often or always begin the first mediation session in the same way throughout their mediation practice. [Extracted from the article]

Arbitration is widely regarded as one of the most efficient mechanisms to solve complex commercial disputes. However, it has not yet been able to present sufficiently cohesive solutions for cases involving contracts obtained through corruption and, oftentimes, the current arbitrator’s toolkit might not be enough to deal with such disputes without compromising the decision, risking its enforceability, and eventually unsettling the status quo of arbitration as an adequate mechanism for dealing with commercial disputes. To harmonize the current treatment of corruption allegations in arbitration and the broader societal fight against corruption, this article analyses the issues arising out of corruption allegations in arbitration and demonstrates how burden and standard of proof can be used as the missing link to seek such cohesiveness. Moreover, it analyses how the use of red flags – which can be obtained primarily from anti-corruption compliance practice – in arbitration is desirable. As a result, this article proposes a systemized framework for addressing allegations of corruption, in which a red flag of great gravity or the accumulation of red flags, in the absence of counterevidence or sufficient evidence to rule out the plausibility of the risk, authorizes arbitrators to apply negative inferences vis-à-vis the suspicion of corruption.

While itmight lack some of the old Bermuda charm of the old PinkBeach, it sits at water's edge on the same pink beachesand aqua marine waters that graced the old place. Like many Bermuda resorts and hotels, it wasresplendent pink in the strong Bermuda sun with publicrooms clad in Bermuda cedar. His trial work has included bench and jury trials in thefollowing areas: patents (pharma, electrical engineeringand plasma physics); trade secrets; trademark; productsliability (aviation accidents; mechanical failures andtoxic torts); professional medical liability; insurancefraud and bad faith claims; governmental corruptionclaims; commercial disputes and personal injury cases. [Extracted from the article]

ABSTRACTIndonesia and Singapore are neighbouring countries with vibrant economic relations. Despite the geographical proximity, the legal systems in both countries are strikingly different. The author suggests that the most influencing factor of a country’s legal system is often its former colonial master. Singapore (a former British colony) applies the common law legal system while Indonesia (a former Dutch colony) applies the civil law legal system. Chan and van Rhee suggest that the differences between the two legal systems are often exaggerated, but differences remain. This paper sets out these differences with a focus on the judges’ role in taking evidence in civil proceedings, given the inevitable fact that disputes would arise among the business players of the two countries and that taking of evidence is an essential part that may be decisive to the outcome of a dispute. Doctrinal and comparative methods will be used, namely through analysing various procedural laws as found in the statute, case laws, as well as commentaries. This paper contributes to the scant collection of comparative literature on the two legal systems and assists business players in understanding better the procedures of taking evidence applied by the relevant dispute resolution forum that they can choose to resolve their commercial disputes.

This essay explores the development of Sino–U.S. commercial and arbitration practices that grew out of credit transactions and operated in relation to, but distinct from, the greater Canton system that primarily served Beijing and London. Without dismissing the importance of silver and Pacific trade goods to early Sino–U.S. trade, this essay traces the financializing trade practices and emerging regulatory strategies that rose alongside the traffic in specie and commodities. Chinese merchants who traded with foreigners at Canton became increasingly eager for U.S. specie payments as China’s imperial policies as well as Britain- and India-based traders siphoned silver away from Canton. The eagerness for American specie remittances coupled with the relationships cultivated by resident American agents like John Perkins Cushing led Chinese merchants to increasingly trade with Americans on credit. Credit transactions facilitated the expansion of Sino–U.S. trade, the movement of opium, and the entry of Chinese merchants into Atlantic commodity and capital markets. Credit transactions also presented the problem of how to enforce payment and collect bad debts. Whenever the informal personal networks they had forged to secure credit relationships proved insufficient, merchants on both sides of the globe looked to U.S. legal institutions to mediate commercial disputes. Thus, even as the silver U.S. traders supplied in Canton worked to integrate Americans more firmly into Britain’s commercial empire in Asia, credit transactions and formal and informal dispute resolutions arising therefrom carved out separate avenues of direct Sino–U.S. exchange that were of mutual interest.

The Venezuelan government is in discussions with two Colombian companies, Cementos Argos SA and Comercializadora Internacional de Azúcares y Mieles (Ciamsa), regarding compensation for assets that were seized under former President Hugo Chávez. Cementos Argos is considering the possible takeover of a state-owned cement plant in Venezuela, while Ciamsa is negotiating for compensation for a sugar mill that was expropriated. Relations between the two countries have improved since Gustavo Petro became the Colombian president in 2022, and Venezuela is seeking to resolve these commercial disputes without legal battles. Venezuelan President Nicolás Maduro has also handed control of some expropriated companies to private partners in an effort to reactivate the nation's economy. Cementos Argos's potential acquisition near the Venezuelan coast could facilitate exports to the US, and the company is applying for a US license to receive the asset as payment from the Maduro government without violating sanctions. Venezuelan cement production has declined since Chávez took over the industry, and Cementos Argos was never compensated unlike other foreign companies. Colombian investors have been cautious about returning to Venezuela, but a bilateral treaty of investment protection is expected to be approved by Colombia's congress, which would provide security through international arbitration courts. Trade between the two countries is projected to double this year, although it is still significantly lower than its peak in 2008. [Extracted from the article]

Nigerian law firm G. Elias and the London Court of International Arbitration (LCIA) are advocating for increased use of arbitration as a method for settling legal disputes in Africa. At a recent event in Lagos, Nigeria, the firms discussed the trends, considerations, and challenges of arbitration in Africa, and provided practical guidance on when arbitration may be the most suitable option. The panel also emphasized the importance of independent and impartial arbitrators, the use of modern clauses from recognized institutions like the LCIA, and the need for government support in terms of training for arbitration judges and implementing cost sanctions for parties. [Extracted from the article]

The article "Final Reflections: Key Milestones in Our Section's Journey" celebrates the history of mediation within the ABA Section of Dispute Resolution. It highlights significant milestones such as the creation of the Section in 1993, the launch of the Dispute Resolution Magazine in 1994, and the drafting of impactful policies like the ABA Code of Ethics for Arbitrators and the Model Standards of Conduct for Mediators. The Section's commitment to diversity, equity, and inclusion is evident through initiatives like Resolution 105 and the Diversity and WIDR committees. The article also mentions future events like the Practice Development Institute in September 2024, emphasizing the community's growth and success. [Extracted from the article]

In United States v. Manahe, a jury acquitted the four defendants of conspiring to enter a no-poach agreement and to fix wages for home health aides in violation of Section 1 of the Sherman Act. Manahe marked the third time the Department of Justice (DOJ) failed to secure a criminal conviction from a jury in a Section 1 no-poaching case. The DOJ’s only conviction in this arena involved a plea deal and a deferred prosecution agreement. Opening arguments have begun in United States v. Patel. There, the court is allowing the defendants to invoke the procompetitive benefits of the alleged agreement in certain limited arguments. [ABSTRACT FROM AUTHOR]

In July 2021, the Ministry of Justice (MoJ) released its proposed revisions to the Arbitration Law (AL) for public consultation, sparking hope for the liberalization of ad hoc arbitration in China. However, the planned reform is unlikely to be comprehensive, as it is limited to foreign-related commercial disputes and burdened with procedural requirements. This study finds that the favourable treatment of foreign-related sectors and the insufficient quality of domestic arbitration contribute to China’s pattern of ‘half-measure’ ad hoc arbitration reforms. Since it will take a long time to reduce the disparity between the legal performance of foreignrelated and purely domestic sectors, China has adopted ‘gradualism’ in its legal reform. In doing so it seeks to minimize instability during its transition and maintain the reliability of arbitration. To achieve these goals, this article suggests that further reform of China’s ad hoc arbitration proceed on its dual track, temporarily shutting out domestic sectors while further internationalizing foreign- related ones.

Conducting a space cooperation program in the context of the Belt & Road (B&R) initiative provides China opportunities to further extend the scale of space cooperation in Asia and break through the current predicament of the Asia-Pacific Space Cooperation Organization (APSCO). A more comprehensive mechanism to address the potential state-to-state and commercial space disputes is essential. To efficiently avoid and resolve disputes among the Member States, APSCO needs to improve the ‘fair return’ principle and the dispute settlement arrangement contained in its Convention. As to conflicts between APSCO and the non-Member States, dispute settlement clauses are obliged to be reached between APSCO and China. For commercial disputes, China should establish a specialized arbitration branch as a constituent of the B&R comprehensive dispute settlement mechanism. Disputes arising in space infrastructure investments need to be treated separately. For this reason, a special branch for settling investor-state disputes should be created under the Asian Infrastructure Investment Bank (AIIB) as advocated in this article.

Much of the core work of government is now done pursuant to contract with private sector bodies, primarily for efficiency reasons. While the phenomenon of contracting out of governmental functions has attracted increasing scholarly attention in terms of public law accountability, the use of commercial arbitration for the resolution of contractual disputes involving governments has until recently attracted scant attention. The law regulating commercial arbitration does not distinguish between arbitrations between private actors and arbitrations involving governments, treating all commercial disputes as wholly private in nature. By controlling government action, arbitrators contribute to governance but without the hallmarks of the judicial process such as impartiality, transparency, the possibility for third-party participation and judicial oversight. As such, the law does not take into account the public dimension of disputes under government contracts or the role of arbitrators as adjudicators of public law disputes. Nor do there appear to be any constitutional constraints on the use of arbitration in government contracts.

In today’s turbulent global geopolitical landscape, economic sanctions are becoming an important feature. In essence, this is a difficult subject to discuss because it involves international diplomacy and politics. However, sanctions invariably influence global trade and commerce and directly affect the business community, including private individuals or organizations wishing to avoid international politics and diplomacy. At the same time, we are seeing an unprecedented rise in the use of arbitration to resolve international and private commercial disputes. As a result, arbitrants and arbitral players must now navigate the minefield of sanctions in the midst of the already complex conduct of arbitration. This article will examine and discuss the issue of how economic sanctions affect arbitration, including reference to recent case studies and relevant events of interest to the international arbitral community.

Byline: Bar & Bench Jhangiani is first female lawyer in Singapore to be appointed as a silk in England. Singapore-based international commercial disputes specialist Sapna Jhangiani KC has joined Blackstone [...]

Byline: Adgully Bureau After months of legal and commercial disputes, Viacom18 Media Pvt Ltd has successfully acquired the domain jiohotstar.com. As per media reports, updated WHOIS records confirm that Reliance [...]

Byline: Bar & Bench Ramchandani specialised in commercial disputes, arbitration and complex litigation. Srishti Ramchandani has joined the Litigation and Alternate Dispute Resolution (ADR) team at Delhi-based law firm Vidhisastras [...]

Byline: Bar Shetty has a decade of experience in commercial disputes. Argus Partners has promoted Priyanka Shetty to the position of a Partner in the firm's Disputes & ADR practice. [...]

The article discusses the importance of specialized dispute resolution mechanisms in the aviation industry due to its complex nature and international reach. The Hague Court of Arbitration for Aviation (Hague CAA) was established in 2022 to address the need for industry-specific expertise in resolving aviation-related disputes efficiently. The Hague CAA offers arbitration and mediation services tailored to the aviation sector, with a focus on confidentiality, impartiality, and enforceability of awards. The article outlines the advantages of arbitration over litigation, the key features of the Hague CAA Arbitration Rules, and the support provided by the institution, emphasizing its role in promoting efficient and effective dispute resolution in the aviation industry. [Extracted from the article]

The annual finance issue of Law Practice focuses on the importance of finance for law firms and lawyers. Finance plays a crucial role in legal practice. This issue marks a full year of the move to an all-digital format for the magazine, which was driven by financial considerations and has resulted in budgetary benefits. [ABSTRACT FROM AUTHOR]

This article discusses two major initiatives that may impact the field of dispute resolution. The first initiative is the Singapore Convention on Mediated Settlement Agreements, which aims to make enforcement of international commercial settlements easier. Although the United States is one of the signatories, it has not yet ratified the treaty. The second initiative is a petition filed with the Consumer Financial Protection Bureau (CFPB) to require meaningful consumer consent regarding the use of arbitration in resolving disputes involving consumer financial products and services. The petition argues that consumers are often unaware of and not meaningfully consenting to pre-dispute arbitration clauses. Both initiatives have supporters and opponents, and it is important for those in the field of dispute resolution to closely monitor these developments. [Extracted from the article]

The article focuses on the anti-strategic litigation against public participation (SLAPP) law in Maryland and its use in the case, Joshua Harris v. Courtney Fix, et. al. Topics discussed include the facts of the case, the dismissal of lawsuits under the anti-SLAPP law in the state, and the issues of public concern relative to the defendant's social media posts about the plaintiff.

Byline: Akash Hogade Though PIMS has a positive intent to resolve commercial disputes amicably, the ground reality portrays a different picture. Pre-Institution Mediation and Settlement (PIMS) was introduced in the [...]

Byline: Debayan Roy Justice Kaul in his speech flagged the time taken to resolve commercial disputes in the country, and said that tribunals handling the same should be manned by [...]

Byline: Bar & Bench Sanghi will be joining BCLP as a Partner in Business and Commercial disputes practice. Shivani Sanghi has resigned from Fieldfisher to join Bryan Cave Leighton Paisner [...]

The article in TortSource features an interview with Chris Nolan, a lawyer who shares his journey from being inspired by his grandfather's community service to becoming a successful attorney specializing in transportation law. Nolan emphasizes the importance of involvement with the ABA for new lawyers, highlighting the leadership opportunities and networking benefits it offers. He also provides advice on career development, client relationships, and dealing with challenges in the legal profession. Nolan's future ambitions include enhancing professional development within the ABA's TIPS committees and focusing on themes like referrals and business generation. [Extracted from the article]

The UK Court of Appeal's recent decision in the Churchill case has brought attention to the potential of mediation in resolving disputes. The ruling overturned a previous decision that argued mandatory alternative dispute resolution (ADR) would limit access to the court. This reflects a broader trend in the justice system towards prioritizing resolution over dispute. Mediation is seen as a cost-effective and efficient alternative to litigation, and its use can help reduce the backlog of cases. The article explores the benefits and challenges of mediation, emphasizing the importance of timing and early intervention. It also discusses cultural factors and attitudes towards mediation, as well as the potential impact of technology on dispute resolution. The article concludes by highlighting the importance of skilled mediators and encouraging in-house lawyers to consider mediation as an alternative to litigation. [Extracted from the article]

Maritime law is a specialized legal field that deals with federal admiralty procedure and activities related to navigable waters. It offers unique opportunities for small firms and solo lawyers to thrive, as there is a steady demand for maritime law expertise due to globalization of trade and transportation. Maritime law covers a broad range of activities and issues, including litigation, regulatory work, and transactional work. Small firms and solo lawyers can establish a unique identity in this field and attract clients with maritime business interests. The practice of maritime law offers diverse cases, global opportunities, accessible learning resources, collaboration opportunities, and industry demands, making it an attractive field for those seeking a fulfilling and prosperous legal career. [Extracted from the article]