Introduction In his address at the 2019 Mass Call address, Singapore’s Honourable Chief Sundaresh Menon drew acute attention to his view that “Technology is already beginning to displace lawyers from areas of practice, especially those involving the more routine areas which are more susceptible to automation.” Fast forward two years and the COVID-19 pandemic is […]Read More
The Supreme Court of India in its decision delivered on 20 April, 2021 in the case of PASL Wind Solutions Private Limited v. GE Power Conversion India Private Limited has upheld that: two companies incorporated in India had the right to choose a forum for arbitration outside India; an arbitral award in such a forum would […]Read More
Introduction Should a variation of price clause be introduced to the construction industry? Covid-19 has forced almost anyone who has signed a contract or an agreement to review their obligations and seek ways to mitigate catastrophic damages caused by the unprecedented pandemic over the past two years. Some contracts were renegotiated and varied to prepare for the worst possible scenario. […]Read More
Virtual hearings in international arbitration have received significant attention, both among scholars and practitioners, since the start of Covid-19 pandemic. Before the pandemic it was used in exceptional cases or less significant hearings, such as case management conferences. Suddenly it has gained worldwide attention among the general business community and arbitration professionals alike. Virtual hearings […]Read More
When contracting with Chinese parties it is crucial to select and draft jurisdiction and dispute resolution clauses carefully. This will dramatically increase the chances of a spontaneous performance of a judgement or award and smooth enforcement, in case the counterparty does not obey. To this regard, PRC laws offer the contracting parties the right to […]Read More
What are the challenges for the successful party in a mediation who wants to enforce a voluntary award? What are the specificities of voluntary awards following a mediation-arbitration (Med-Arb) or arbitration-mediation-arbitration (Arb-Med-Arb) negotiation, or in a civil law jurisdiction? Which problems are posed by non-domestic awards? To give you an idea of how to handle […]Read More
WTO Dispute Settlement System in crisis: Can ad hoc members
The paralysis of the Appellate Body poses a danger for the survival of the WTO trade system. How could ad hoc members provide a solution to the appeal gridlock?Read More
Arb-Med-Arb could benefit cases where the parties have a mutual interest in preserving a longer-term continuing relationship. Peter Pettibone introduces this innovative technique.Read More