Alternative Streitbeilegung / Mediation

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  •  
    07/01/2025
    Singapur

    Singapore International Arbitration Centre releases SIAC Rules 2025

    The Singapore International Arbitration Centre (“SIAC”) recently unveiled the 7th edition of its Arbitration Rules, which came into effect on January 1, 2025. This update follows extensive consultation with a diverse group of stakeholders, including arbitration practitioners, businesses, in-house counsel, government representatives, and academics.The 7th edition Arbitration Rules of the SIAC (the “SIAC Rules 2025”) serves as an update to the existing SIAC Rules 2016 (the “SIAC Rules 2016”) and can be found here. This article highlights the key updates in the...
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  •  
    06/12/2024
    Schweiz

    The impact of sanctions against Russia at the enforcement stage: How to monetise awards against frozen assets in a nutshell

    Enforcement is often overlooked during the early stages of arbitration proceedings. No party, however, intends to go through the trouble and expense of an arbitration only to end up with an unenforceable award. From the outset of an arbitration, claimants and their counsel should consider whether the assets of their opponents are frozen under any applicable sanctions regime. The release of frozen assets of an award debtor to satisfy an arbitral award requires a specific authorisation from the competent authorities that is granted only under certain conditions (i.e. "Licence"). This article addresses...
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  •  
    27/11/2024
    United Kingdom

    The CJC Review of Pre-Action Protocols – Phase Two Report (Final) now published

    On 15 November 2021, the UK's Civil Justice Council (CJC) published an Interim Report initiating a consultation on pre-action protocols (PAPs).  The consultation closed in January 2022. CMS responded to the consultation with interest, given the potential impact on the legal industry and insurers/insureds alike.It is the responsibility of the CJC, through its designated Working Group (WG), to make recommendations to the Civil Procedure Rules Committee (CPRC). It is for the CPRC to accept or reject those recommendations and draft the revised PAPs.The CJC's response was published in two parts....
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  •  
    18/11/2024
    United Kingdom

    UK Supreme Court upholds anti-suit injunction in favour of Paris seated arbitration

    IntroductionThe recent Supreme Court judgment in UniCredit Bank GmbH v RusChemAlliance LLC [2024] UKSC 30 has significant implications for arbitration agreements and anti-suit injunctions. This article provides a comprehensive analysis of the judgment, its background, and its potential impact on future arbitration disputes.BackgroundThe dispute concerned performance bonds issued by UniCredit Bank GmbH (“UniCredit”) in favour of RusChemAlliance LLC (“RusChem”) to guarantee the construction of liquefied natural gas and gas processing plants in Russia. The bonds were...
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  •  
    22/10/2024
    United Kingdom

    Navigating Wasted Costs Orders: Insights from Wil­liams-Hen­ry v Associated British Ports Holdings Ltd

    When might it be appropriate to fix the solicitors of a fundamentally dishonest Claimant with an obligation to pay the Defendant’s costs?We previously reported on the striking case of Kirsty Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB) (see here), in which the Claimant in a personal injury claim was found to have been fundamentally dishonest, the court concluding that she had been “thoroughly dishonest” in the presentation of her symptoms, lying to “clinicians, medico-legal experts and this Court about [her] health, functioning, activities...
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  •  
    15/07/2024
    Niederlande

    Dutch Supreme Court clarifies legal status and implications of mediation clauses

    In a judgment of 12 July 2024, the Supreme Court of the Netherlands (Hoge Raad) clarified the legal status and implications of mediation clauses in commercial contracts. The ruling confirms that such clauses are either non-binding or obligatory, depending on the wording and the parties' reasonable expectations. The court also emphasised that mediation clauses should not unreasonably impair a party’s access to the courts or arbitration, as protected by Article 6 of the European Convention on Human Rights (ECHR).The case involved a dispute between two companies in the occupational health and...
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