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Article 05/16/2023
Arbitration agreements in New Jersey
On May 16, 2022, the Appellate Division decided two cases which involved arbitration agreements. On both cases, Judge Gilson, J.A.D. was the opinion’s author. In the first, the panel held the arbitration agreement was enforceable. However, in the second, which involved a minor plaintiff, the appellate panel held that the minor plaintiff had the right to disaffirm the arbitration agreement. The following is an analysis of both cases, which when viewed together, serve a refresher of the nuances of arbitration agreements in New Jersey.
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Article 02/27/2023
Arbitration trumps: Bermuda court confirms pro-arbitration approach
If litigation proceedings are commenced in breach of a valid and enforceable agreement to arbitrate, how soon in the proceedings does a defendant need to seek a stay of the litigation?
The Supreme Court of Bermuda recently considered this question in Shelly Hall Properties v Warren [2022] SC (Bda) 101.
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Article 11/17/2022
The rise of international arbitration and a comparison of arbitration procedures in the USA, England and Wales, Bermuda and Canada
Arbitration as a means of resolving international commercial disputes has grown in popularity in recent years as reflected by the reported rise in arbitration filings of more than 3% a year from 2010 to 2019 and a spike of 9.9% in 2020, based on data from international arbitration institutions.
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Article 10/27/2022
South Australian Court of Appeal delivers much-needed clarity on the issue of apportionment in commercial arbitration proceedings
In an arbitration matter Kennedys is involved in, the South Australian Court of Appeal has delivered much-needed clarity on the issue of apportionment in commercial arbitration proceedings as they relate to South Australia. In this article we provide an overview of the decision and its implications for clients, particularly when drafting arbitration clauses.
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News 10/25/2022
Kennedys recognised as a leading law firm in Chambers UK 2023 solicitors guide
Top accolades awarded to the firm in the latest Chambers & Partners guide to leading law firms and lawyers across the country.
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News 10/11/2022
Kennedys secures top tier rankings in The Legal 500 UK 2023
Following the publication of The Legal 500 UK 2023, we are proud to announce that the firm has once again achieved impressive rankings and recognition within the latest guide to leading law firms and lawyers.
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Article 09/20/2022
A quick reference guide to arbitration procedures in the USA, England and Wales, Bermuda and Canada
A quick reference guide to arbitration procedures in the USA, England, Bermuda and Canada
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Article 08/19/2022
Arbitrable or Arbitrary? The Impact of Sanctions on International Arbitration
In this article, we consider some of the risks arising from sanctions in the context of international arbitration.
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News 07/20/2022
Kennedys acquires dynamic team in Florida and New York as firm marks five year anniversary of North American expansion
We are pleased to continue US expansion with the strategic addition of three new partners, further enhancing our US and Bermuda insurance claims and coverage bench.
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News 07/13/2022
Kennedys finds (re)insurers’ changing underwriting practices key to net zero transition
Today we announced the launch of our in-depth report, 'Rewriting the risk: Addressing the challenges of climate change', which finds that the underwriting practices of (re)insurers are a major catalyst for change among businesses in the ongoing climate crisis.