Duane Morris London

April 21, 2023 by Duane Morris London

Jurisdiction in International Arbitration

International arbitration is, by its very nature, multi-jurisdictional. The international element could come from the parties being located in different jurisdictions, or perhaps having elected to refer disputes to a forum connected to a jurisdiction common to one, all or none of them. There are many factors that play into this decision. For example, one party may want ‘home court’ advantage, or be concerned as to the limit of remedies available in the jurisdiction where the underlying work is taking place. Another party may be more familiar with dispute resolution within a specific jurisdiction, or have easier access to resources if a dispute is determined in a certain place. The overlay to this is the governing law agreed between the parties – it is not unusual for an arbitration tribunal in one jurisdiction to determine a claim governed by the laws of another jurisdiction. The governing law and jurisdiction can be entirely unrelated to the location of the subject matter of the contract.

To read the full text of this post by Duane Morris attorney Chris Recker, please visit the Duane Morris International Arbitration Blog.

April 17, 2023 by Oliver Kent

Arbitration: the Brexit get out of jail free card?

One of the most useful assets in the classic board game Monopoly is the famous get out of jail free card. A player who finds themselves in jail can utilize it to ‘free’ themselves, almost immediately, but more importantly without paying a monetary penalty.

But what has Monopoly got to do with Brexit or arbitration? Whilst the similarities may not be immediately obvious, for commercial agreements made after 11:00 pm on 31 December 2020, jurisdiction clauses that specify arbitration are in many ways a legal get out of jail free card.

Read the full post on the Duane Morris International Arbitration Blog.

March 28, 2023March 28, 2023 by Oliver Kent

EU agrees last minute e-fuels exemption to future ICE vehicles ban

By Oliver Kent

In a twist for EU leaders and Member States, it became apparent earlier this month that Germany was not going to approve a previously agreed deadline for the total phase-out of the sale of new vehicles with traditional internal combustion engines (ICEs).

Continue reading “EU agrees last minute e-fuels exemption to future ICE vehicles ban”

March 7, 2023 by Chris Recker

Arbitration against consumers in digital asset disputes –a review of two recent cases

There are many reasons (both commercial and legal) as to why a party or parties might elect to refer a dispute as between them to arbitration. In cross-border cases, this could be to ensure that a dispute is determined within a certain jurisdiction, language or otherwise pursuant to specific laws. In addition, and in the absence of a flagrant disregard of the relevant terms or the referral to Court for assistance, the arbitration will be confidential (which could be important).

In addition to the above, the parties will likely also need to consider the specific industry that the relevant parties are doing business in, and potentially the strength of bargaining positions. Arbitrations against international consumers is a complicated topic and this blog highlights two recent English cases (specifically in the digital asset space). Continue reading “Arbitration against consumers in digital asset disputes –a review of two recent cases”

March 1, 2023 by Charlyn Cruz

Reaping the Awards – Avoiding the Pitfalls of Enforcing Arbitral Awards

As with litigation, a successful arbitral award is a hollow victory if the responding party refuses to honour it, and enforcement proceedings are necessary. Given the international nature of arbitration, a number of things could go wrong at this stage and put a downer on a successful award. There are matters that ought to be considered strategically at the outset at contract stage and beyond to be ready to deal with a reluctant party after the award. It is therefore crucial to take certain steps at various stages to ensure you cross the finish line and reap those awards.

To read the full text of this post by Duane Morris’ Charlyn Cruz, please visit the Duane Morris International Arbitration Blog.

February 28, 2023February 28, 2023 by Charlyn Cruz

High Court judgment handed down in highly anticipated case – Osbourne v Persons Unknown & Ors [2023]

By Charlyn Cruz and Sam Laycock

A highly anticipated judgment has been passed down from the High Court, allowing for service via Non-Fungible Token (NFT) on a defendant as the sole means of service. Osbourne v Persons Unknown & Ors [2023] EWHC 340 (KB) concerns Ms. Lavinia Osbourne, who sought to restrict the movement of two NFTs, which were misappropriated from her cryptoasset wallet in 2022. In the judgment, Mr Healy-Pratt (sitting as a Deputy High Court Judge) expanded on the comments made by Lavender J in his January 2023 judgment relating to the same case. Continue reading “High Court judgment handed down in highly anticipated case – Osbourne v Persons Unknown & Ors [2023]”

February 23, 2023February 28, 2023 by Charlyn Cruz

The Glass Ceiling Looms Large – Gender Diversity in Arbitration

In a previous blog, we looked at diversity, specifically in relation to gender parity, in the context of adjudication.[1] Although we have come a long way in this arena, the issue of gender diversity still casts a long shadow. It should therefore be no surprise that the world of arbitration suffers much of the same problem.
Continue reading “The Glass Ceiling Looms Large – Gender Diversity in Arbitration”

February 21, 2023February 21, 2023 by Oliver Kent

Jurisdictional challenges and arbitration clauses – that old chestnut! – The UK perspective

By Oliver Kent

Picture this. You are a Director at a substantial widget manufacturing company. One of your key materials suppliers, with whom you’ve had a relationship for many years, is causing you grief. There have been a number of complaints from customers in recent times about a decline in widget quality, which appear to be the fault of your supplier. However, you’re behind on your payments to the supplier and they are starting to threaten supply, with disastrous effects for the company. A dispute is brewing.

You have been involved with litigation before and have experience of court proceedings. However, when you check with your legal team about next steps, you learn that your agreement with the supplier contains a clause which appears to indicate that all disputes must be referred to arbitration. The clause is perhaps not drafted with the certainty it should and could have been, and it is not clear the extent to which it is enforceable. The issue usually is framed on the basis of whether there is a valid and enforceable agreement to refer disputes to arbitration.

There are also commercial considerations that may be relevant. Is it preferable to litigate in the domestic courts or arbitrate? This may be a commercial call, just as much as a legal one. This blog shares some of the practical considerations around these issues.
Continue reading “Jurisdictional challenges and arbitration clauses – that old chestnut! – The UK perspective”

February 10, 2023 by Duane Morris

The Equal Representation in Adjudication Pledge & Women in Adjudication

By Vijay Bange and Sam Laycock

In a previous blog[1] we discussed the salient points arising from the report arising from a collaboration between The Adjudication Society and Kings College London[2]. This report addresses the issue of diversity in adjudication.

The Construction industry has frequently been cited as a sector with a lack of diversity. Poor gender diversity in particular and a lack of initiatives within the sector have been recognised by those within arbitration, with a number of organisations such as Arbitral Women and the International Council for Commercial Arbitration Task Force (to name a few), driving for better representation in the arbitration sphere. Continue reading “The Equal Representation in Adjudication Pledge & Women in Adjudication”