Referral to Arbitration

Canada, Referral to Arbitration, Uber v. Heller, UNCITRAL Model Law

(University of Ottawa)/ /Leave a comment

Competence-competence is fundamental to arbitration. It prevents costly and onerous court proceedings from frustrating the dispute resolution process. For competence-competence to be effective, courts must take a step back and generally stay court proceedings if the dispute is also subject to an arbitration agreement. Still, there are times when courts’ deferral to arbitrators to define…

Arbitration Agreement, Australia, Hague-Visby Rules, London Maritime Arbitrators' Association, Maritime Arbitration, Referral to Arbitration, Stay of Proceedings

(Allens) and / /Leave a comment

In Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co KG [2024] HCA 4 (“Carmichael v BBC”), the High Court of Australia (“High Court”) upheld a stay of proceedings in the Federal Court of Australia (“Federal Court”) in favour of a London Maritime Arbitrators Association (“LMAA”) arbitration seated in London. This unanimous…

Arbitrability, Civil Arbitration, Latin America, Mexico, Referral to Arbitration

(Hogan Lovells) and (Hogan Lovells )/ /Leave a comment

Mexico’s new National Code for Civil and Family Procedure was published on 7 June 2023 (“National Code”). The National Code will apply at both federal and local levels, and will replace both the Federal Code of Civil Procedure and the thirty-two local codes of civil procedure across all Mexican states. The National Code will enter…