ADR Clauses

ADR Clauses, Arbitration, Arbitration clause, Brazil, Brazilian Arbitration Act, Hardship, Latin America

(Barbosa, Müssnich & Aragão Advogados – BMA) and (BMA - Barbosa Müssnich Aragão Advogados)/ /Leave a comment

Arbitration can be defined as a dispute resolution mechanism by which parties submit their case to a specifically chosen decision-maker to render a binding decision. Arbitration is a consensual procedure and can only be initiated if parties have agreed to do so. As most arbitration laws, the Brazilian Arbitration Act (“BAA”) provides for the enforceability…

ADR Clauses, Africa, Belt Road Initiative, China, Dispute boards, Mediation

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Ever since the Chinese government officially adopted it in 2013, the Belt and Road Initiative (BRI) has evolved restlessly. Yet, ten years later, its exact delineations are still somewhat blurry: the global infrastructure project encapsulates all at once a vision, a strategy and a policy. One certainty, however, remains constant. The BRI is and will…

ADR, ADR Clauses, International arbitration, Technology

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Not all technology is born equal. In 1739, the French inventor and artist Jacques de Vaucanson unveiled a head-scratching automaton that fascinated contemporaries for more than a century. It was a ‘digesting duck’, which had the apparent ability to eat kernels and actually digest them. The invention was a trick, of course, and it was…

ADR Clauses, Agreement in writing, Arbitration, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

(University of Alberta Faculty of Law)/ /Leave a comment

A 2018 decision rendered by the U.S. Court of Appeals for the 11th Circuit in Outokumpu Stainless USA, LLC, et al. v. GE Energy Power Conversion France SAS, Corp has recently put on the agenda of the U.S. Supreme Court the interpretation of the “in writing” requirement under Article II(2) of the New York Convention…

Adjudication, ADR Clauses, Arbitration, Arbitration Agreement, Australia

(Australian National University)/ /1 Comment

For the first time, the High Court held in its decision in the Rinehart dispute that the ordinary principles of contractual interpretation must be applied when interpreting the scope of arbitration clauses. While this approach is consistent with modern contractual interpretation, it may deter parties from selecting Australian law to govern arbitration agreements. This post…

ADR, ADR Clauses, Appeal, Discovery, Insurance, United States

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The U.S. District Court for the Southern District of New York has enforced a P&I Club’s internal claims appeal process as a legally binding alternative dispute resolution (“ADR”) method, rejecting allegations brought by one the Club’s Members that the procedure was “fundamentally unfair.” TransAtlantic Lines LLC v. Am. Steamship Owners Mut. Prot. & Indemn. Ass’n,…

ADR, ADR Clauses, Mediation

(Transnational Law Centre, University of Ghent)/ /Leave a comment

In the past fifteen years, the European Union has displayed a particular interest in Alternative Dispute Resolution (ADR). Furthermore, a number of recent initiatives have shown that a general, overarching framework relating to both Business-to-Business (B2B) as well as Business-to-Consumer (B2C) ADR would enhance legal certainty in Europe and improve access to justice. Without losing…