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Case review 27/09/2021
In CLMS Management v Amwins Brokerage of Georgia, the US Court of Appeals for the Ninth Circuit has upheld a decision of the US District Court for the Western District of Washington to enforce a pre-dispute arbitration agreement in an insurance contract pursuant to the New York Convention, finding that the Convention overrides contradictory state law.
Article 24/08/2021
This article first appeared in The ICLG to: International Arbitration Laws and Regulations, which covers common issues in international arbitration laws and regulations - including arbitration agreements, governing legislation, choice of law rules, selection of arbitral tribunal, preliminary relief and interim measures - in 36 jurisdictions.
Article 24/08/2021
One of the main inhibitors to the expansion of access to justice in arbitration are the costs of arbitration. The increasing use of technology can serve to curb some of this cost, but to what extent does technological efficiency impact upon due process, and can adequate access to justice in arbitration be secured?
Article 06/07/2021
Prior to 2020, remote or virtual hearings in international arbitration were a limited if not unknown phenomenon. It was relatively common for interim procedural hearings to be heard in the form of telephone conferences. Also, sometimes witnesses might join a hearing by video link. However, to most arbitration practitioners, the idea of a substantive hearing being entirely heard by video link would have been a novelty.
Article 06/05/2021
No one really knows what patterns or practices we will all adopt once the COVID-19 crisis has passed its peak, but there are already clear signs that some changes are here to stay. Industries that had either never imagined functioning virtually, or thought that such change would take years to implement, have adapted and acclimatised to the ‘new normal.’ The legal industry certainly falls into this category and has adapted at pace.
Article 09/04/2021
This chapter covers common issues in enforcement of foreign judgments, laws and regulations through the detailing of the general enforcement regime, enforcement regime applicable to judgments from certain countries, and methods of enforcement in 25 jurisdictions.
Article 25/01/2021
Article 21/01/2021
In an exciting geopolitical development in August 2020, Israel and the United Arab Emirates (UAE) established formal diplomatic relations. It is anticipated that the historic “Abraham Accords” will lead to vibrant commercial activity between two of the Middle East’s most prosperous economies.
Case review 01/12/2020
After a year in the making, the English Supreme Court has unanimously dismissed Halliburton’s appeal holding that, as at the date of the hearing to remove the arbitrator, the fair-minded and informed observer would not have concluded that circumstances existed that gave rise to justifiable doubts as to the arbitrator’s impartiality. We look at the decision and its implications for the arbitral community.
Article 01/09/2020
Mark Chudleigh and Lewis Preston author the Bermuda chapter in Global Legal Insights: Litigation & Dispute Resolution 2020, which covers key topics including efficiency and integrity, injuctions, cross-border issues, disclosure and privilege, costs and funding, settlement and mediation, and arbitration and expert determination - in 24 jurisdictions.
