MLL Legal’s Post

“As parties turn away from domestic litigation, the international arbitration market grows exponentially and fragmentation of the legal market serving those clients continues.” Sarah Vasani FCIArb at CMS features as a Distinguished Adviser in our Power Players report on International Arbitration, imparting her insights. You can find our report here: https://lnkd.in/etZS4fGe #internationalarbitration #arbitration #litigation

International commercial arbitration – Swiss seated arbitral tribunal – You only get one shot! On 3 October 2024, the Swiss Federal Supreme Court, Switzerland's highest court, published a new ruling on a setting-aside motion against a Swiss arbitration award. I took this new judgment 4A_34/2024 of 7 August 2024 as an opportunity to discuss how limited the possibility is in Switzerland to have a Swiss arbitration award examined for its substantive accuracy. Because of LinkedIn's character limit, I published my thoughts on Inside Law: https://lnkd.in/dNTKnFKw #arbitration

Meet our legal experts, Mr. Ehab Mohammed, Ms. Israa Abdulla, and Ms. Sebina Noreen Malik, at #ParisArbitrationWeek, March 18-22, 2024. Paris Arbitration Week celebrates the city's legacy as the heart of international arbitration, gathering a global community of experts, academics, and practitioners. #PAW #PAW2024 #ArbitrationWeek #Arbitration #internationalarbitration #arbitrationconference #arbitrationdubai #lawyer #lawfirm #conference

🌍 National and International legal frameworks 🌍 International arbitration functions within a blend of national and international regulations. The process and results of arbitration are governed by: 📍 The arbitration laws of the country where the arbitration takes place. 📍 The laws of the country where the arbitration award will be enforced. This framework ensures that the arbitration process is both fair and consistent, regardless of where disputes arise or awards are enforced. #internationalarbitration #arbitration #disputeresolution #arbitrationawards

Dear Colleagues: I have written a new post on Arbitration Commentaries (http://arbblog.lexmarc.us) entitled “Politics Intrudes in US Arbitration Law.” It concerns a decision last month in the DC Circuit US Court of Appeals involving the arbitration exception to the Foreign Sovereign Immunities Act, and an intense dialogue between the majority and the dissent over basic premises of the application of the New York Convention to investment arbitration awards. #arbitration #arbitrationlaw #internationalarbitration #arbitrajeinternacional #investmentarbitration #icsid

International arbitration is a private, consensual alternative dispute resolution method that allows parties from different jurisdictions to resolve conflicts outside traditional courts. It offers neutrality, confidentiality, and binding decisions, with a structured process involving arbitrator selection and hearings. Benefits include tailored procedures, expert arbitrators, and international award enforcement, typically resolving disputes within 12-18 months. #ADRS #arbitrationlaw https://lnkd.in/gqCSKbbf

LSW’s John Siffert and Brett Mead co-authored with Steven Skulnik the lead article in the upcoming issue of the Dispute Resolution Journal, entitled “Application of Mandatory Law in U.S. Arbitration.” The authors describe how international and domestic arbitral claims arising under mandatory laws are treated in jurisdictions other than where the claims arise, analyze the effect of choice-of-law provisions, and explore how mandatory law may be treated by arbitrators.   The DRJ is the flagship publication of the international division of the American Arbitration Association, the largest arbitral institution in the world.   John Siffert, FCIArb, is a certified commercial arbitrator and mediator.   To read the article, please click here:  https://lnkd.in/gjSn7rtD #arbitration #mediation #disputeresolution

#5 The arbitrator as the resolver of your disputes 🎓   Arbitration is a way to have disputes settled out of court by an arbitrator.   What are the advantages ✅ 1️⃣ Arbitration proceedings are confidential while court proceedings are usually public. 2️⃣ There is no appeal, so it goes quicker than ordinary court proceedings. 3️⃣ The proceedings can be conducted in other languages while in courts in Belgium you have to choose French or Dutch based on the court's location. What are the drawbacks ⭕ 1️⃣ You have to pay an arbitrator for his work, while a Belgian judge is paid by the Belgian state. 2️⃣ There is no Judicial Code with clear rules so you can sometimes get into ambiguities. 3️⃣ A court procedure is needed to enforce the arbitral award. 👉 Two aspects of arbitration, namely "urgency arbitration" and "the annulment of the arbitral award", are discussed by Maarten Draye in the report book that Marijke Roelants reviewed for the Belgian magazine on arbitration b-Arbitra and that we referred to in the first post of the series “There is more than one way to resolve your dispute” (#1) #disputeresolution #arbitration #Belgium #businesslaw #boldlaw

What Limits Does German Law Impose on Externally Determined Arbitration Agreements in Sports and Commercial Arbitration? Recommended reading of the day: Rüdiger Wilhelmi’s post on “What Limits Does German Law Impose on Externally Determined Arbitration Agreements in Sports and Commercial Arbitration?” in the Kluwer Arbitration Blog: https://lnkd.in/euMj8sCm. The post summarizes an article published in the issue 1/24 of the SchiedsVZ | German Arbitration Journal. #DIS #SchiedsVZ #Schiedsgerichtsbarkeit #GermanArbitrationInstitute #Arbitration #ArbitrationInGermany #InternationalArbitration #ArbitrationAgreements #SportsArbitration #CommercialArbitration

We thank all participants of the #ParisArbitrationWeek and the ICC Arbitration conference for their positive feedback on the new English language track for arbitration and ancillary litigation at the Netherlands Commercial Court! If you wish your arbitration to be cost-efficient and expeditious, please select Amsterdam as the place of arbitration and add the model clause (available on our website) to your contract. You may choose any arbitral tribunal for the arbitration proceedings, provided that the formal seat of arbitration is Amsterdam.    #arbitration #litigation #commercial #ICCEURO