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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.
The FCA test case is widely regarded as having resolved a plethora of issues in COVID-19 business interruption claims. Unsurprisingly, it did not resolve everything and certain issues were not tackled as part of or fully resolved by that case.
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?
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.
Arbitration is one of the most flexible forms of dispute resolution and, as such, is well equipped to assist parties to negotiate their way through the COVID chaos, although it will still need to be managed carefully. The point, however, as this chapter seeks to set out, is not simply to weather the storm. What we will look at is the impact of COVID-19 and whether arbitration can be said to have been revolutionised as a result.
On 4 May 2017, the Enterprise Act 2016 came into force and amended various sections of the recent Insurance Act 2015.
With the litany of disputes arising out of COVID-19, many parties are forum shopping to identify the jurisdiction they perceive to be the most favourable to them to determine their disputes.
Our international arbitration and commercial disputes teams are proud to be supporting members of next year’s London International Disputes Week. In light of Covid-19, the London International Disputes Week (LIDW) events that were scheduled to take place in September have been postponed until the week of 10 May 2021.
As we move into the new world of remote working as a result of COVID-19, businesses are forced to get up to speed much more quickly on the questions of whether and, if so, how they can legally execute documents using electronic signatures.
While priority measures are understandably focused on the threat to life and health, with governments around the world implementing quarantine and social distancing procedures, local and international trade and business has been and will continue to be affected in different and, often extreme, ways.