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Article 2022-11-17
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.
Article 2022-10-27
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.
Article 2022-09-20
A quick reference guide to arbitration procedures in the USA, England, Bermuda and Canada
Article 2022-08-19
In this article, we consider some of the risks arising from sanctions in the context of international arbitration.
Report 2022-07-13
Our latest global report finds that the insurance industry has a central role in building wider understanding about climate-related risks and in mitigating against those risks.
Article 2021-08-24
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 2021-08-24
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 2021-07-06
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 2021-05-06
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 2021-04-09
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.
