This session provides in-house counsel with a view on what mediation is, its benefit, how it differs from arbitration, and when and at which state of a dispute mediation can be used. Speakers focus on a practical and lively approach to the topic, with real examples.
This resource is an overview of dispute resolution practices in the Cayman Islands.
This CMS e-Guide contains an overview of international arbitration practice and chapters on the law and practice of arbitration in the jurisdictions covered. It is equivalent to Volume I of the printed version of the CMS Guide to Arbitration.
This CMS e-Guide contains an overview of international arbitration practice and chapters on the law and practice of arbitration in the jurisdictions covered. It is equivalent to Volume I of the printed version of the CMS Guide to Arbitration.
The Singapore International Arbitration Centre (SIAC) published statistics regarding the use of its emergency arbitrator provisions. These show a record number of emergency arbitration applications received by the SIAC in the last year, in an increasingly broad range of sectors. Overall, the SIAC has handled 34 emergency arbitrations since this procedure was introduced in July 2010. It is a system that has been proven to work well, in itself; but there remain issues with emergency arbitration, particularly in the enforceability of emergency arbitration awards, as Ben Giaretta and Michael Weatherley explain.
An article which looks at the impact of the Jackson reforms which came into affect on the 1st of April 2013.
Mitchell and the subsequent Court of Appeal decisions have proven highly controversial. Described as "unduly harsh" and leading to a "climate of fear", Lord Dyson's prediction that there will be more litigation to determine the exact boundaries of the decision have been realised. Much has already been written about the aftermath. The focus of this article is to look at where we are now. How exactly have the rules of the game changed?
On 4 February 2014, the Singapore High Court, in The Titan Unity (No. 2), confirmed that a non-signatory to an arbitration agreement can be joined in an arbitration only with the consent of all the parties concerned. The decision is of interest, as it highlights the issue of joining non-signatories to an arbitration and consolidation of related arbitration proceedings.
This decision by the High Court of Australia highlights the importance of carefully drafting reasonable endeavours clauses. Where it is commercially acceptable, it would be prudent for an obligee to seek to include express, specific and objective boundaries on the obligor's conduct.
This resource will examine the concept of interim measures, including what they are and when and how they can be used.