Arbitration agreements will typically state that any dispute “arising out of or in connection with” the underlying contract is to be resolved by arbitration. However, what are the limits on the expansive scope intended by this phrase?
A key feature of arbitration is that it offers parties the opportunity to have their dispute resolved in private. Even when arbitral proceedings spill over into court, there are implements to safeguard the parties’ privacy.
Where the Court has granted recognition of foreign insolvency proceedings against a company, an automatic stay and suspension of actions or proceedings against that company will arise. However, may a third party pursue an arbitration against the company?
Where a beneficiary fails to appreciate the distinction between its substantive dispute under the underlying contract and the separate issue of its right to be paid under an unconditional on-demand bond, it risks inadvertently turning its unconditional bond into a conditional bond.
Over the past decades, India has seen arbitration grow in prominence as a preferred dispute resolution mechanism. Where the Government of India is party to a dispute, however, the advantages of arbitration have not always materialised.
Authored Publication: The fair and equitable treatment (FET) standard remains one of the key protections relied on by investors in investment disputes, but is often left undefined.
Alternative dispute resolution (ADR) has become an important way to resolve various types of disputes outside of the court system in Cambodia.
In a landmark decision, the Supreme People’s Court of Vietnam, the country’s apex court, recognised and enforced an arbitral award issued under the 2017 ICC Rules.
When seeking to resolve a dispute, parties generally aim for a full and final resolution to the dispute. In arbitration, this takes the form of a final arbitral award.