2017 | Agosto 22 The Hong Kong Legislative Council recently passed the Apology Bill with the aim of removing certain legal disincentives for parties to convey an apology in the context of civil disputes. In the footsteps of many overseas jurisdictions which have already adopted apology legislation, Hong Kong is the first Asian jurisdiction to enact this type of legislation, which generally precludes an apology from being taken into account in the determination of fault and liability. Sigue leyendo →
2017 | Agosto 20 To make India a hub of mediation and arbitration, the Ministry of Law and Justice will include Alternative Dispute Resolution (ADR) practices and techniques in law schools’ curriculum.
The ministry is also mooting for collaboration with foreign law schools and universities and experts in mediation to conduct lectures and courses on mediation practice and techniques. Sigue leyendo →
2017 | Julio 17 In this issue, Norton Rose Fulbright features a number of articles on investor-state dispute settlement (ISDS). Lawyers from across this global firm review various developments in this area, including requests for reconsideration in ICSID and UNCITRAL arbitration, whether the doctrine of precedent could or should apply in investment arbitration and the trends in investor-state disputes that can be identified from recent ICSID statistics. NRF also has the pleasure of interviewing Meg Kinnear, Secretary-General of ICSID, to get her thoughts on key developments in ICSID arbitration during her term, challenges facing ISDS and how we might see it evolve over the next 50 years. Sigue leyendo →
2017 | Junio 7 When non-Chinese parties conduct business in China, or with a Chinese party, several factors must be considered when crafting an arbitration clause to ensure it is enforceable and provides for an effective form of dispute resolution. Sigue leyendo →
2017 | Abril 24 An alternative dispute settlement mechanism of the Department of Labor and Employment (DoLE) has proved its effectiveness in settling labor conflicts involving monetary and collective bargaining benefits amounting to more than P2 billion. Labor Secretary Silvestre Bello 3rd on Monday said it was a record expeditious settlement of labor disputes using the alternative dispute resolution. Sigue leyendo →
2017 | Marzo 6
The Bill has now been sent to the Senate for approval. By the unassuming title one would not be able to decipher just how backward this bill, if made law, will take us. It has gone beyond purely commercial matters to affect areas that in Pakistan should only be dealt with by the formal court system. Sigue leyendo →
2017 | Febrero 24
On 3 February 2017, the Vietnam International Arbitration Centre (VIAC) officially released the new 2017 VIAC Arbitration Rules (VIAC Rules 2017), which is scheduled to come into effect on 1 March 2017. Sigue leyendo →
2017 | Febrero 22 The Qatar International Court and Dispute Resolution Centre (QICDRC) has hailed the publication of Law No 2 of 2017 issuing the Arbitration Act in Civil and Commercial Matters, The Peninsula of Doha has reported.
Faisal Al Sahouti, the CEO of QICDRC said the new law is intended to meet the economic and commercial needs of Qatar and those doing business in the country. Sigue leyendo →
2017 | Febrero 20 Legal experts and social activists on Monday called for integrating the age-old ‘khap panchayat’ system into the formal justice dispensation mechanism to provide quick and effective justice to litigants and resolve the problem of increasing number of court cases estimated at over 30 million. Sigue leyendo →
2017 | Febrero 14 Students from Israel’s College of Law and Business (CLB) in Ramat Gan have won the International Chamber of Commerce’s (ICC) International Commercial Mediation Competition, which was held in Paris last week. This is the world’s foremost competition on the subjects of business mediation and dispute resolution. Sigue leyendo →
2017 | Febrero 5 The Ministerial Committee for Legislation approved Sunday a bill granting rabbinical courts the power to serve as arbitrators in cases involving civil law.
The bill, which was initiated by MKs Uri Maklev and Moshe Gafni (United Torah Judaism), is intended to restore the power the rabbinical courts had until about a decade ago, when the Supreme Court removed the authority to serve as arbitrators in cases involving civil law from the rabbinical courts. Sigue leyendo →
2017 | Enero 26 The China-Africa Joint Arbitration Centre (CAJAC) was established in August 2015 to address resolution of commercial disputes between Chinese and African parties.
The Beijing Consensus, calling for a joint dispute resolution framework to be developed between China and Africa, was signed in June 2015 by a wide range of Chinese trade commissions, arbitral bodies and universities, as well as delegates from Africa. It was followed by the signing of a similar consensus in Johannesburg in August 2015, resulting in the establishment of CAJAC. Sigue leyendo →
2017 | Enero 17 Through a recent amendment to Article 257 of the UAE Penal Code, any arbitrators, experts, or translators who issue biased decisions or opinions in UAE arbitration proceedings may now be subject to criminal liability. The new law has led to widespread concern and uncertainty in the international arbitration community. Sigue leyendo →
2017 | Enero 15 Introduction of ‘Commercial Mediation’ will offer Sri Lanka’s business community an optional dispute resolution mechanism in addition to litigation and Arbitration, both of which are riddled with delay and expense. Sigue leyendo →
2017 | Enero 12 The Emirates Maritime Arbitration Centre (EMAC) has signed a Memorandum of Understanding (MoU) with Dubai International Arbitration Centre (DIAC). Key to the framework of the agreement is knowledge sharing and cooperation on resolving commercial disputes in the UAE and abroad. Sigue leyendo →
2017 | Enero 10 Parliament on Tuesday (Jan 10) passed into law two bills – the Civil Law Amendment Bill and the Mediation Bill – to bolster Singapore’s position as a dispute resolution hub.
The former allows third-party funding to finance international commercial arbitration, while the latter beefs up enforcement of mediated settlements to support international commercial mediation. Sigue leyendo →
2017 | Enero 8 The changes made in 2015 to the Arbitration Act, under which there is no automatic stay on an award being challenged, would not apply if they affect enforceability of an award in proceedings which commenced before the amendment came into effect on October 23, 2015, the Delhi High Court has said. Sigue leyendo →
2016 | Diciembre 30 The Singapore International Arbitration Centre (SIAC) is pleased to announce the official release of the first edition of the Investment Arbitration Rules of the Singapore International Arbitration Centre (1st Edition, 1 January 2017) (SIAC IA Rules 2017), a specialised set of rules to address the unique issues present in the conduct of international investment arbitration. The SIAC IA Rules 2017 will be available on the SIAC website from 31 December 2016, and will come into effect on 1 January 2017. Sigue leyendo →
2016 | Diciembre 28
A dispute between a European group and its partner in Thailand about arbitration rulings is raising doubts about investor safeguards in Asian countries where such awards are being challenged. Sigue leyendo →
2016 | Diciembre 16
In a landmark judgment accepting the concept of ‘two tier arbitration’ or ‘second instance arbitration’, a three judge bench of the Supreme Court comprising of Justices Madan B. Lokur, R.K Agrawal and D.Y Chandrachud answering a reference made in 2006 due to divergence of opinions between Justice S.B.Sinha and Tarun Chatterjee, held that arbitration clauses which provide for a two- step arbitration process are valid under Indian arbitral jurisprudence. Sigue leyendo →
2016 | Diciembre 5 The Singapore International Arbitration Centre (SIAC) is pleased to announce the appointment of Mr Davinder Singh, SC, as the new Chairman of its Board of Directors with effect from 16 December 2016. Sigue leyendo →
2016 | Diciembre 13
TPF has traditionally assisted parties with the costs of litigation and arbitration where they would not otherwise have had the resources to protect their rights under a contract.
That paradigm is changing: users of TPF now include parties with significant means who view TPF as a financing tool or, in some circumstances, as an opportunity to bring on board a party with substantial expertise in the tracing and recovery of assets, thereby adding value to the litigation or arbitration process. Sigue leyendo →
2016 | Diciembre 8 A new report has found that corporations have launched 50 lawsuits, worth at least $US31 billion, using secret international arbitration tribunals against 11 countries in the Asian region.
The countries affected are currently negotiating the Regional Comprehensive Economic Partnership (RCEP) agreement. Sigue leyendo →