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857 search results for: arbitration

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51

Virtual Conference on “The Burden of Proof in International Arbitration”

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On Monday, October 26, 2020 at 15.00 CET, the European Center for Arbitration and Mediation and The International School of Arbitration and Mediation for Europe, the Mediterranean and the Middle East organise their Annual International Conference Med-Mid XIV on “The Burden of Proof in International Arbitration/La charge de la preuve dans l’arbitrage international”. The conference addresses four key issues of any international […]

52

Brentwood Industries v. Guangdong Fa Anlong Machinery Equipment Co., Ltd. –A third way to enforce China-seated arbitral awards made by foreign arbitration institution

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Brentwood Industries v. Guangdong Fa Anlong Machinery Equipment Co., Ltd.–A third way to enforce China-seated arbitral awards made by foreign arbitration institution by Jingru Wang Wuhan University Institute of International Law Background Nationality of an arbitral award marks the source of the legal validity of the award. Most countries generally divide the awards into domestic […]

54

Chinese court refuses enforcement of an IFTA Arbitration award

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Shawn He reported recently on a Chinese judgment refusing the declaration of enforceability of an arbitral award issued by the Independent Film & Television Alliance Arbitration Court.

The Tianjin Intermediate People’s Court dismissed the application on two grounds: No standing to be sued of the Chinese company, and notification vices.

One point which should be highlighted is the duration of the proceedings: The application was filed on March 2018, and the judgment (in first instance) was rendered on May 2020…

 

55

Uber Arbitration Clause Unconscionable

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In 2017 drivers working under contract for Uber in Ontario launched a class action.  They alleged that under Ontario law they were employees entitled to various benefits Uber was not providing.  In response, Uber sought to stay the proceedings on the basis of an arbitration clause in the standard-form contract with each driver.  Under its […]

56

Justice Andrew Bell opines on arbitration and choice of court agreements

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By Michael Douglas and Mhairi Stewart Andrew Bell is a leader of private international law in Australia. His scholarly work includes Forum Shopping and Venue in Transnational Litigation (Oxford Private International Law Series, 2003) and several editions of Nygh’s Conflict of Laws in Australia (see LexisNexis, 10th ed, 2019). As a leading silk, he was […]

59

Arbitration in Smart Contracts – Code Naïve v Code-Savvy

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Written by Hetal Doshi & Sankalp Udgata Combining law, computer science and finance in unprecedented ways, “Smart Contract” is the latest addition to the unending list of Internet of Things. Unlike a traditional contract, which only lays out the terms of agreement for subsequent execution, a smart contract autonomously executes some or all of the […]

60

Three Tickets, One Seat – A Methodological Anatomy Of The Indian Practice Of Determination Of Seat Of Arbitration

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Written by Sankalp Udgata & Hetal Doshi, National Law University (NUSRL), Ranchi The choice of arbitration as the default system of resolution of commercial disputes, which was initially restricted to the foreign parties is now being reciprocated by even the Indian parties, thus setting the stage for India being a global hub for commercial arbitration. Surprising […]