Tag Archives: arbitration

Establishment of the Intellectual Property (IP) List in the Court of First Instance of the Hong Kong High Court

 

 

 

 

According to the 2018 Global Competitiveness Report released by the World Economic Forum, Hong Kong was ranked 9th out of 140 economies in terms of IP protection.  In accordance with the recommendations made by the Working Group on IP Trading in 2015 (of which the writer is a member), a wide range of measures were introduced to enhance Hong Kong’s role as an IP trading hub to serve overseas IP owners/users as well as those in Mainland China (rising as a major intellectual property user, buyer, provider and seller) including those on legal services and  dispute resolution.

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SCC: Party Autonomy in Arbitration Trumps Access to Justice Concerns

In a 5 to 4 decision, the Supreme Court of Canada held the concept of “party autonomy” and holding parties to a valid arbitration agreement trumped access to justice and policy concerns.  The Court allowed an appeal from the Court of Appeal for Ontario in which the majority ruled that part of a class action should be stayed and should proceed by way of arbitration even where there was a possibility of duplicating proceedings and inconsistent results.

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Appeals Court Enforces Arbitration Clause in Hyperlinked Terms & Conditions

In an important decision concerning the enforceability of an arbitration clause included in a mobile app’s Terms of Service, the federal appeals court in New York recently found that a reasonably prudent smartphone user would recognize that blue, underlined text within an Internet-linked app leads to another page where additional information can be found.

The U.S. Court of Appeals for the Second Circuit therefore held that a mobile app’s registration screen, notifying the user that by registering, he or she will be bound by the app’s “Terms of Service,” is sufficient to bind that user to a contractual arbitration provision included in those Terms of Service, reversing the district judge’s decision that determined such hyperlinked terms to be unenforceable.

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Pāvels Tjuševs on current state of arbitration in Latvia

On the 4 September 2017 the daily newspaper Diena published an article by Pavels Tjusevs – an associate in TGS Baltic. The article concerned the current state of arbitration within the legal system of Latvia, as well as the influence and effectiveness of the arbitration reform initiated and completed by Ministry of Justice. The article evaluates both the public opinion in Latvia towards the use of arbitration as an alternative dispute resolution method, as well as the recent amendments to the ICC Rules of Arbitration.

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Lidings’ Partner Andrey Zelenin Selected by His Peers for Inclusion in the Best Lawyers in Russia Rating

Best Lawyers, an international legal directory annually identifying the most prominent lawyers around the world by analyzing their professional skills and achievements during the year, as well as their business reputation based on the feedback of peers from their respective jurisdictions, lists Lidings’ partner Andrey Zelenin as one of the best  lawyers in Russia in three key practice areas. Based on the results of the 2015 research, Andrey heading the firm’s dispute resolution practice is recommended in arbitration and mediation, litigation and corporate practice areas.

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Seventh Circuit Court of Appeals Sides with NLRB on Class Action Waivers and Mandatory Arbitration

Our colleague Steven M. Swirsky, a Member of the Firm at Epstein Becker Green, has a post on the Management Memo blog that will be of interest to many of our readers in the retail industry: “Federal Appeals Court Sides with NLRB – Holds Arbitration Agreement and Class Action Waiver Violates Employee Rights and Unenforceable.

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Banking and Financing Adjust to New Economy 2015/12/30 16:12:23

In the Chinese mainland, the slowed economy has profoundly influenced banking and financing investments and the resolution of relevant disputes. On one hand, the speed of economic development decelerated from near 10 percent to 7 percent and the structure of the economy continues to undergo major government reforms. Accordingly, the driving factors of economic development were turning from resources, materials and investments to efficiency, green initiatives and innovation. On the other hand, through either trillions in stimulus packages, suspension of initial public offering (IPO) projects or other macro-control mechanisms, the government still plays a critical role in this new normal.

Considering these and other factors, banking and financing disputes reveal four fresh trends: complexity, expansion, quantification and crowded disputes. 

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Reforms and Recommendations for the Arbitration and Conciliation Act, 1996

The Arbitration & Conciliation Act, 1996 (hereafter referred to as ‘the Act’) provides that the Court has power to appoint Arbitrator under Section 11 (Appointment of arbitrators) of the Act, but has not framed any rules  hereby the arbitral proceedings can be expedited. Therefore, I am of the opinion that the Law Commission should take this point into consideration and provide for steps to ensure that whenever the Court is appointing an Arbitrator, the Court should also lay down the rules as to:

i. What will be the issues which the Arbitrator has to decide as preliminary issues, particularly in relation to limitation and scope of Arbitration e.g. if a party files a claim which is either time barred or outside the scope of Arbitration claim then it should be decided as preliminary issue and heavy cost should be imposed on the party filing false claim in the Arbitration proceedings. More…

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Supreme Court weighs in on ASADA and the Bombers: What is an arbitration?

In December 2014, the Australian Sports Anti-Doping Authority (ASADA), with the support of the Australian Football League (AFL), sought orders from the Supreme Court of Victoria under the Commercial Arbitration Act 2011 (Vic) (Act). These orders were for subpoenas to be issued requiring certain evidence (witnesses and documents) to be given at the AFL Anti-Doping Tribunal (Tribunal) hearing of ASADA’s prosecution of several players at the Essendon Football Club on allegations of doping through the use of the banned peptide Thymosin Beta-4. More…

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Commercial Disputes Settlement: Advantages of International Arbitration

Arbitration, in particular international arbitration, has many advantages compared with national court or other domestic dispute resolution forums.

Ability to select arbitrators

At court, the trial panel members are assigned by the court according to the judges’ practice areas and workloads. The result of this arrangement is sometimes an assigned judge may not have the experiences and expertise relevant to the specific matter of dispute between the parties. On the contrary, at arbitration, the parties may select the arbitrators who have the most suitable skills and experiences that satisfy their requirements. Moreover, international arbitration centers provide lists of their arbitrators, who are experts in many business fields and who have years of experiences in resolving international disputes, for the parties to select. This is important as international commercial disputes are often very complex and require extensive knowledge of international laws and business practices. More…

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