Amid the spread of COVID-19, the Romanian President decreed a state of national emergency in Romania, with express measures to be taken in the justice system. Although the Decree does not refer to arbitration, the state of national emergency and the need of social distancing inevitably impact it as well ...
Many construction contracts used in the industry include clauses mandating that any disputes be decided by binding arbitration rather than a jury or bench trial. The standard AIA forms provide the parties with the option of court or arbitration. Trial courts, overwhelmed by a flood of cases and supported with strong caselaw and statutory precedent, regularly enforce arbitration clauses ...
Arbitration Rules 2021The Asian International Arbitration Centre (“AIAC”) launched its latest edition of the AIAC Arbitration Rules (“AIAC Rules”) on 1 August 2021. The AIAC Arbitration Rules 2021 (“2021 Rules”) streamline proceedings and embrace the needs of a fast evolving disputes climate ...
On December 2, 2013 the US Supreme Court will hear oral arguments in BG Group v. Argentina, addressing for the first time the applicable rules when a US court reviews an international arbitral award made under a bilateral investment treaty. This case has earned the attention of the international arbitration community, given its potential impact on future arbitral practice in the United States and abroad ...
On 10 January 2015, new EU rules on jurisdiction and enforcement of judgments in civil and commercial matters came into effect as a result of the Brussels Regulation (recast) (Regulation (EU) 1215/2012) (the recast Regulation). Although the recast Regulation introduces several important changes to the Brussels regime, this article considers the controversial arbitration exclusion to that regime and looks at the likely impact for commercial parties ...
[!<CDATA[ As costly class action retirement plan litigation under the Employee Retirement Income Security Act (ERISA) proliferates, mandatory individual arbitration has become an increasingly appealing alternative for certain benefit plans. However, the benefits of arbitration can only be realized if it is enforceable ...
The Construction Industry Arbitration Commission of the Philippines (“CIAC”) has original and exclusive jurisdiction over disputes arising from, or connected with, contracts entered into by parties involved in construction in the Philippines. Construction disputes may range from contractual money claims to disputes over the execution of the construction work. Construction disputes may involve government or private contracts ...
When a dispute arises, and the subject matter relates to sport, it tends to attract attention. Whether the dispute concerns football, tennis, swimming or Formula 1, a bit of friction and tension makes for better headlines. For that very reason, most sporting bodies have a dispute resolution procedure that requires the parties to engage in arbitration. Advantages of arbitration in sport disputes There are two main benefits of using arbitration in sporting disputes ...
While arbitration offers an excellent means for parties to get their disputes settled faster than in traditional courts, how you draft the arbitration clause in a document is critically important for a positive outcome – should a dispute arise. Legal agreements often have a clause indicating that parties agree to settle any disputes arising from the arrangement in arbitration ...
The notion of contractual freedom has long been recognised in the entrenchment of the principle that agreements should be honoured. In this context, the decision by private contracting parties to submit a dispute to arbitration falls clearly within the purview of the valid exercise of contractual freedom ...
The UAE has introduced a new law on civil procedure (Federal Decree-Law 42/2022) which repeals Federal Law No. 11 of 1992 on civil procedure and its executive regulations issued under Cabinet Resolution No. 57 of 2018. The new law came into force on 2 January 2022 ...
According to section 3(1) of the Prevention and Control of Disease (Prohibition on Group Gathering) Regulation (Regulation) (Cap.599G), no group gathering of more than four persons may take place in any public place during a specified period, unless it falls within one of the exceptions set out in Schedule 1 to the Regulation. The specified period will last until 7 May 2020, but may be further extended depending on the rapid changes in the public health situation ...
Agricultural rent reviews have been a source of controversy within the industry for many years. After a period of 15 years or so where there was little rent review activity in the agricultural tenanted sector between the early 1990s and the mid-2000s, a sharp spike in commodity prices during the course of 2007 led to a large number of rent review notices being served ...
In a ruling of 19 April 2022, the Belgian Supreme Court decided that an A1-certificate issued by a competent foreign authority to a posted worker does not exclude compliance with the DIMONA obligation. Does this mean that all foreign employers posting employees to Belgium must now file both a LIMOSA and a DIMONA declaration? This article sheds some light on the scope of the Supreme Court’s decision and the particular context in which it was taken ...
Our working worlds were rocked by the global pandemic in 2020. Working from home was compulsory for all bar key workers, whilst the country grappled with the pandemic, furlough and trying to make it all work. Many employees now work remotely or on a hybrid basis as employers review their working policies with an increased focus on productivity, as the outlook for the UK economy remains hard to accurately predict ...
On Monday, August 3, 2020, a New York federal judge issued a decision invalidating portions of the DOL’s regulations implementing the Families First Coronavirus Relief Act (“FFCRA”). The decision’s impact changes the legal landscape employers confront as they strive to comply with the FFCRA—a landscape that is unstable as the DOL and the courts sort out the legality of the disputed regulations ...
It may seem logical that personal injury damages awarded for someone’s on-going medical needs following a serious injury would be ring-fenced on a divorce. Unfortunately, this is not necessarily the case. The leading authority on this point is Wagstaff v Wagstaff from 1992 in which, when referencing an attempt to ring-fence damages on divorce, it was stated that “the capital is not sacrosanct nor any part of it secured against the application of the other spouse” ...
Recent announcements suggest the government has moved away from amending UK employment law via an all-encompassing Employment Bill. Instead, it is supporting changes proposed by backbench MPs through various Private Members’ Bills (PMBs). The Queen’s Speech in December 2019 announced the government’s intention to bring about various employment law reforms, in particular those recommended in the Taylor Review and subsequent consultations, via an Employment Bill ...
A number of cases have looked at worker status in recent years, focused mostly around the ‘gig economy’ with claims against companies including Uber and Deliveroo. The gig economy typically involves individuals working in temporary positions in the service industry, such as food delivery or private couriering. The sharp increase in the number of people working in this sector has led to a huge shift in the cultural and business environment ...
Even though Belgium is lagging behind when it comes to enacting specific legislation, companies doing business in Belgium should be aware of the risk of being held accountable for human rights violations or environmental pollution up or down their value chain. Human rights violations are a ‘hot’ topic and businesses are confronted with ethical challenges in this respect ...
A dynamic platform, gathering answers to your most frequently asked questions in relation to the ongoing crisis. The content of this page will be continuously updated based on the latest news. Click here to access the Arendt Covid-19 Solutions Platform ...
Minority shareholders – often forced to silently accept the rule of the majority – should be given a voice. In May last year, Jerry Low, a minority investor in Asiatic Group (Holdings), wrote an open letter to the management highlighting concerns regarding the SGX-listed company’s poor performance, juxtaposing this against the high remuneration enjoyed by its senior management team ...
BAG, ruling dated 18 March 2020, 5 AZR 36/19 FACTS OF THE CASE The plaintiff is employed as a service technician in the field service. The defendant company is bound by the collective bargaining agreements of the wholesale and foreign trade of Lower Saxony due to its membership in the employers' association. The plaintiff drives from his home to the first customer every working day and returns there from the last customer ...
