Tag Archives: Arbitration agreement

New Zealand considers further amendments to its Arbitration Act

On 9 March 2017, the Arbitration Amendment Bill (Bill) was introduced to the New Zealand Parliament. The Bill proposes to amend the Arbitration Act 1996 (Act), and follows recommendations by the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ). The … Continue reading

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Filed under Arbitration clauses, Arbitration laws, Confidentiality, Court intervention

English Court confirms power to grant anti-enforcement injunction but application fails due to unnecessary delay

The English Commercial Court (the Court) in Ecobank Transnational Inc v Tanoh [2015] EWHC 1874 (Comm) refused to restrain the enforcement of two foreign judgments because of unnecessary delay. The application was made on the basis that the subject matter … Continue reading

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Filed under Enforcement, Europe, Interim relief

The English Commercial Court considers whether a party’s failure to pay its share of the advance on costs is a repudiatory breach of the arbitration agreement

In BDMS Limited v Rafael Advanced Defence Systems [2014] EWHC 451 (Comm), the English Commercial Court considered whether the Respondent’s failure to pay its share of the advance on costs in an ICC arbitration amounted to a repudiatory breach of … Continue reading

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Filed under Europe, Institutions

Russia tables proposals for reforms to its arbitration system

Reforms to the Russian system and procedure for arbitration have been tabled by the Ministry of Justice of the Russian Federation (MoJRF), in the form of a package of three draft Bills that are to be the subject of a … Continue reading

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Filed under Arbitrability, Challenges to awards, Enforcement, Europe, Institutions

Sharing it with the class – a review of recent US Supreme Court decisions on class action arbitration

The US Supreme Court recently issued two key decisions regarding the enforceability of class arbitration waivers and arbitrators’ powers to interpret arbitration agreements. In American Express Co. v Italian Colors Restaurant, the Court found that a class arbitration waiver was … Continue reading

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Filed under Arbitration clauses, Enforcement, The Americas