Introduction The second day of the Asia ADR Week 2022 kicked off with a panel discussion on Rechartering a Modern Legislative Framework with Mr Abang Iwawan (Abang & Co.) as moderator. Mr Iwawan was joined by Ms Karen Ng Gek Suan (Karen, Mak & Partners), Mr Rajendra Navaratnam (Azman Davidson & Co.), Mr Foo Joon…
A little over a decade has passed since the introduction of the Model Law on International Commercial Arbitration in Australia as the framework for uniform domestic arbitration legislation. Before this, the various enactments of domestic legislation in the Australian states and territories had followed English Acts. For example, the New South Wales 1902 Arbitration Act…
British Columbia (“BC”) was the first Canadian jurisdiction to introduce modern arbitration legislation based on international standards in the UNCITRAL Model Law in 1986. Despite being an early leader in arbitration in Canada, BC did not update its domestic legislation for over two decades, which caused some increasing discrepancies between BC’s arbitration legislation, the UNCITRAL…
The approach historically taken by Canadian courts to playing the role of guardian with respect to domestic commercial arbitration has sometimes been both confused and confusing, a situation only cofounded by recent Supreme Court of Canada (“Supreme Court”) jurisprudence. With the release of Sattva in 2014 and Teal Cedar in 2017 , the Supreme Court…
Nkiru Agbu is the winner of the 2020 Kluwer Arbitration Quiz. Nkiru spent New Year’s Day researching the Quiz in order to be the first to submit the correct answers. Now that’s passion for international arbitration! Nkiru won a very special prize for her correct answers for which she will be contacted. In addition to…
Should odd domestic arbitration practices be forgot, and never brought to mind! Planning to be more international in the coming decade? Just in time for your New Years resolutions, we have the 2020 Kluwer Arbitration New Years Quiz. This year, the blog’s editors have helped assemble questions about domestic arbitration practices from around the…
The progression of arbitration law in the American legal system has been steadfast. Despite a few uneasy rulings, the U.S. Supreme Court (“SCOTUS” or “the Court”) has provided resolute support for arbitration and proclaimed the legitimacy of its enhanced adjudicatory role. The few rulings that strayed from the contemporary judicial evaluation of arbitration1)Wilko v. Swan,…
I address the regulation and practice of arbitration in Azerbaijan, a topic which has not been discussed widely on an international level. While there is a significant uniformity in international arbitration legislations around the world due to the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards (hereinafter the “New York Convention”) and…
Businesses that are party to an arbitration agreement governed by Nevada law should understand that a little-known Nevada statute renders these agreements unenforceable if a contract lacks so-called “specific authorization” indicating that a person affirmatively assented to the arbitration provision itself. While the Nevada Supreme Court has applied this rule to invalidate arbitration agreements, a…
On April 28, 2017, the Court of Appeals for the District of Columbia Circuit (in a majority decision) affirmed the district court’s decision to set aside an award issued by a sole arbitrator finding that the award violated public policy. The award was rendered in the context of mandatory arbitration of statutory claims under the…
In 2013 the President of the Russian Federation Vladimir Putin announced in his annual message to the Council of the Federation: “I would like to attract your attention to one more problem – the mechanisms of commercial dispute resolution are still not as good as the global practice is, and it is necessary to raise…
