SCC Arbitration Institute’s Post

Jurisdictional challenge- was there a binding contract? The Merchant did not provide cargo to be loaded at Houston in repudiatory breach of the booking note, and the Carrier claimed dead freight of US $100,275.00. As provided by Clause 11. (h) of the booking note, the amount invoiced represented the gross freight of US $140,275.00 less estimated port and stevedore costs saved of US $15,000.00 and US$25,000.00, respectively. As the invoice remained unpaid, the Carrier proceeded to arbitration. Read more: https://lnkd.in/dXbQPMhu

For a novice arbitrator, securing a first appointment in a competitive market can be daunting. Kieran Morgan FCIArb shares how he carved his own niche.    🔗 Read more here: https://lnkd.in/eZibCKP3     #Ciarb #disputeresolution #arbitration #legalnews  

I have just finished reviewing the case of Kirsty Williams-Henry v Associated British Ports Holdings [2024] EWHC 806 (KB), a case from the High Court of Justice of England and Wales (King's Bench Division). This is a significant personal injury case concerning section 57 of the Criminal Justice and Courts Act 2015 on fundemantal dishonesty. The essence of this provision is where - in a personal injury case - the Court finds the Claimant is entitled to damages but where on application from the Defendant the Court finds that the Claimant has been fundamentally dishonest in relation to the primary claim or a related claim, the Court must dismiss the priary claim unless it is satisfied that this would cause the Claimant substantial injustice. In this case, the Claimant suffered genuine, and not insignificant, injuries by falling off a pier at the seaside onto rocks and the sand below. However, during the course of the Court proceedings, the Court found that the Claimant had significantly exaggerated the nature and extent of her injuries - i.e. had lied - and therefore had been fundementally dishonest. The Judge, Mr Justice Ritchie, found that out of a total claim of £2,352,261 (circa. $3m), the Claimant was entitled on the evidence to £596,704 (circa. $750,000). However, given the findings that he made - namely that she was fundamentally dishonest - he dismissed the entire claim (also being satisfied that to do so would not cause any substantial injustice). Therefore, despite being properly entitled to £596,704 (circa. $750,000), the Claimant was awarded nothing. As the Judge noted in paragraph 177: "The principle to be applied is that fundamental dishonesty will result in the Claimant losing her genuine damages. This penalty is intended by Parliament. So, the starting point is that a dishonest claimant is not suffering an injustice per se by being deprived of his/her genuine damages." This is a long judgment, 101 pages across 207 paragraphs, but is very interesting and certainly worth a review: https://lnkd.in/df876dTA. News reports can be found here: https://lnkd.in/deYf9RpN https://lnkd.in/d_vxUXxd Do other jurisdictions have similar statutory provisions? Professors Georgios Dimitropoulos, Zachary Calo, Barry Solaiman, Francis Botchway & Andrew Dahdal - do you know of any similar provisions in other jurisdictions? #courts #law #litigation #commerciallitigation #judiciary #lawyers

https://lnkd.in/eWZBpkWh I disagree that these soft changes to the #IBA #arbitration guidelines bring such rules up to date with arbitral compliance. I think that those rules are too lax & still let a non-independent arbitrator accept their arbitral appointment in all impunity.

“The Importance of Including Arbitration Clauses in Commercial Contracts in Kuwait” Arbitration is a legal alternative for resolving disputes where the parties refer their disagreements to specialized arbitrators instead of resorting to traditional court litigation. It is known for its efficiency confidentiality, and flexibility, allowing parties to agree on the rules governing the process. Through my experience reviewing commercial contracts in Kuwait I’ve observed the absence of arbitration clauses in many agreements, despite their critical importance. For instance, in one case I handled, the lack of an arbitration clause led to significant delays in resolving the dispute, ultimately causing financial losses for the parties involved. These setbacks could have been avoided had arbitration been utilized. Including an arbitration clause in contracts not only alleviates pressure on the judicial system but also fosters a more secure and trustworthy commercial environment. For example a clause might state: “Any dispute arising out of or relating to this contract shall be finally resolved under the rules of the Kuwait Commercial Arbitration Center.” In conclusion I strongly encourage businesses in Kuwait to leverage the advantages of arbitration as a means to protect their rights expedite dispute resolution and minimize financial risks, ensuring smooth business operations and long term stability. #kuwit #egypt #Commercialarbitration

Arbitration in the UAE and the wider Middle East has seen significant developments over the past few years. So, what is arbitration, and how can you know if it's the right dispute resolution method for you? Find out || https://zurl.co/lca2

Baker McKenzie attorneys, Jennifer Trock, Andrew Riccio and Emily Brait, along with Francesca Falsini, recently co-authored, "A Survey of Aviation Disputes in the Americas," which was included in Global Arbitration Review's The Arbitration Review of the Americas 2025, where they highlight the benefits of aviation-specific alternative dispute resolution. Since the parties are able to control the process for administering the arbitration through advance mutual agreement, arbitration can provide an effective and efficient way to "resolve commercial disputes quickly to limit disruption to the broader industry." Read more here: https://lnkd.in/gPaTs4T9 #Arbitration #InternationalArbitration #AviationDisputes

ASAR has authored the Bahrain Arbitration Guide in the latest International Arbitration Comparative Guide from The Legal 500. Senior Partner Ahmed Barakat , along with Partners Hisham Al Quraan and Amal Lari, bring their expertise to this guide, offering a detailed exploration of Bahrain’s arbitration framework, covering regulatory essentials and recent procedural updates.    This guide is crafted for legal professionals, businesses, and stakeholders seeking insights into Bahrain’s arbitration practices and its growing importance in global dispute resolution.    Explore the Bahrain Arbitration Guide here https://b.link/u3h2lpi4. For further guidance on arbitration-related inquiries, connect with Ahmed Barakat, Hisham Al Quraan, or Amal Lari. #ASAR   #GoFurther   #BahrainLaw   #Legal500  #Arbitration 

𝐅𝐥𝐨𝐫𝐢𝐝𝐚 𝐂𝐨𝐮𝐫𝐭 𝐑𝐞𝐯𝐞𝐫𝐬𝐞𝐬 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐃𝐞𝐜𝐢𝐬𝐢𝐨𝐧 𝐢𝐧 𝐀𝐯𝐢𝐨𝐫 𝐀𝐢𝐫𝐥𝐢𝐧𝐞𝐬 𝐃𝐢𝐬𝐩𝐮𝐭𝐞 A recent ruling by a Florida federal court underscores the critical importance of proper notice in arbitration proceedings. On Tuesday, U.S. District Judge Rodolfo A. Ruiz II vacated an order confirming an International Chamber of Commerce (ICC) arbitration award in a shareholder dispute involving Venezuela's Avior Airlines, citing a failure to properly serve a key party with notice of the judgment. This case highlights several crucial aspects of arbitration enforcement. Procedural fairness emerged as a paramount concern, with the court emphasizing that failure to provide proper notice would deprive the respondent of fundamental due process rights. The timing of the notice proved critical: Jorge Añez Dager, the respondent, was served notice 29 days after the final judgment was issued on September 27, 2023, leading to the vacatur of the confirmation order. The dispute itself reveals the complex nature of ownership conflicts in international business. Luis Suarez, Moises Maionica, and Carlos Kauffmann claimed 50% ownership of Avior Airlines, involving a disputed stock purchase agreement worth $37.5 million. This case, initiated as an ICC arbitration in December 2019, underscores the intricate interplay between international arbitration and domestic court oversight. The substantial nature of the award is evident in the ICC's February 2023 ruling, which ordered the reinstatement of the claimants as shareholders and required Añez to comply with the shareholders' agreement, including a payment of $119,096.80. This case serves as a crucial reminder of the importance of adhering to procedural requirements in arbitration proceedings, especially when seeking enforcement of awards in national courts. It demonstrates that even after an arbitral award is rendered, the enforcement process can present significant challenges if proper procedures are not followed. Credit: https://lnkd.in/g-kmKCHy . At THAC, we understand the intricacies of international arbitration and the importance of procedural compliance. Our expertise can help navigate the complex landscape of arbitration enforcement across different jurisdictions. Contact our experts at thac.or.th/contacts/ #THAC #Arbitration #ProceduralFairness #InternationalArbitration #DisputeResolution #AviationLaw #LegalDevelopments

Baker McKenzie attorneys, Jennifer Trock, Andrew Riccio and Emily Brait, along with Francesca Falsini, recently co-authored, "A Survey of Aviation Disputes in the Americas," which was included in Global Arbitration Review's The Arbitration Review of the Americas 2025, where they highlight the benefits of aviation-specific alternative dispute resolution. Since the parties are able to control the process for administering the arbitration through advance mutual agreement, arbitration can provide an effective and efficient way to "resolve commercial disputes quickly to limit disruption to the broader industry." Read more here: https://lnkd.in/ggGvuAXc #Arbitration #InternationalArbitration #AviationDisputes