LexisNexis Middle East’s Post

Our Sr. Principal Associate, Rahul Saraswat, has authored an #article, ‘Scope Of 'Reference' In Section 7(5) Of A&C Act’, published in Mondaq. Link to article: https://lnkd.in/gsKFPKSm   S&A Law Offices #Arbitration #Dispute #Resolution #Article #LegalInsights #Mondaq

Mass arbitration is an emerging threat to all businesses with consumer-facing arbitration clauses. Our just-published article in Law360 offers some suggestions to consider when rolling out an updated arbitration provision to respond to this new form of group litigation.

Time for Friday open-access reading recommendations! First up - Carlo Vittorio Giabardo 'Private Justice: The Privatisation of Dispute Resolution and the Crisis of Law' (Wolverhampton Law Journal, Vol. 14, 2020) (https://lnkd.in/epKGBPCE) Although it is sometimes assumed that avoiding litigation is a good thing, Carlo's article (drawing on a vast array of sources) problematizes this very well and should give any mediation (but also arbitration) practitioner or proponent a reason to stop and reflect. Then - Shai Dothan 'Ex Aequo Et Bono: The Uses of the Road Never Taken' ( iCourts Working Paper Series, No. 146, 2018) (https://lnkd.in/e8UKkqSU) What's the point of a way of resolving disputes that no-one uses? In this case focussing on the well-known but little understood concept of ex aequo et bono decision-making, Shai makes an excellent case that having such a mechanism (even if unused) has multiple and tangible benefits. Enjoy the weekend (reading)! #arbitration #mediation #internationallaw

Important considerations when conducting arbitral proceeding The utilization of arbitration for dispute resolution is progressively becoming the preferred choice for numerous businesses, owing to its manifold benefits, particularly when administered through arbitration centers. The arbitral proceedings process at these centers entails notable disparities compared to litigation within conventional court systems. Within this article, we shall examine the pivotal factors businesses should consider when engaging in arbitration proceedings at arbitration centers. Please read the article according to the below: https://lnkd.in/gFFxkYGn Best regards, TNTP & Associates International Law Firm Lawyer Nguyen Thanh Ha Email: [email protected]

Efficient dispute resolution is essential for businesses to avoid prolonged conflicts and maintain relationships. Arbitration offers a private, flexible approach, often favored for cross-border transactions and commercial agreements. Legal professionals in arbitration and dispute resolution guide companies through processes that safeguard their interests, uphold confidentiality, and ensure enforceable resolutions, minimizing business disruptions. Adv. Vikanth Kamalakanthan #ArbitrationLaw #DisputeResolution #CorporateLaw #BusinessConflicts #LegalSupport #TechLaw #ConfidentialResolutions #CorporateLegalities #BusinessContinuity 

Most of you have agreed to an arbitration procedure and did not even know it. Larger companies often include this provision in their online terms and conditions in the long block of text you have to scroll through before clicking that ‘I Agree’ button to get on with making your purchase The arbitration clause typically requires that any claim be submitted to a particular arbitration organization instead of filing a lawsuit. This begs the question: If it is a good idea for them, should you include an arbitration clause in your contracts? Learn more: https://lnkd.in/gZmCa6Q6 #vethanlaw #litigation #businesslaw

Arbitration agreements are typically mandatory, obliging parties to resolve disputes through arbitration rather than national courts. Their enforceability depends on factors such as validity, arbitrability, clarity of intent, and compliance with legal standards. Circumstances can challenge these agreements, so consulting a legal professional is recommended for specific situations. #arbitration #internationalarbitration #adrs https://lnkd.in/gsfRBWm9

𝐍𝐞𝐰 𝐁𝐥𝐨𝐠𝐩𝐨𝐬𝐭 | 𝐓𝐡𝐞 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐃𝐢𝐠𝐞𝐬𝐭 | 𝐏𝐫𝐢𝐭𝐡𝐯𝐢 𝐊𝐚𝐩𝐨𝐨𝐫 Prithvi Kapoor , a law student at MIT WPU School of Law writes for The Arbitration Digest on the topic titled 𝑷𝒉𝒚𝒔𝒊𝒄𝒂𝒍 𝑯𝒆𝒂𝒓𝒊𝒏𝒈 𝒊𝒏 𝑨𝒓𝒃𝒊𝒕𝒓𝒂𝒕𝒊𝒐𝒏 𝑷𝒓𝒐𝒄𝒆𝒆𝒅𝒊𝒏𝒈𝒔: 𝑨 𝑴𝒂𝒕𝒕𝒆𝒓 𝒐𝒇 𝑹𝒊𝒈𝒉𝒕? Link to the article: https://lnkd.in/gzMvg5EQ #arbitration #VirtualHearings #RemoteProceedings #LegalTechnology #ArbitrationTech #CourtroomTechnology #OnlineDisputeResolution #AccessToJustice #LegalInnovation #LitigationTechnology #TechLaw

The hashtag The #arbitrator or arbitral #tribunal may hear witness testimony or hold meetings, if deemed necessary, at a place or places outside the place where the arbitration is being held. Art. 37 para (2) of Arbitration and ADR Law #leksnco #aspiredtoresolve

#study #law #arbitration #education Statutory Arbitration - In the Act passed by the legislature, in relation to the arbitration process for the resolution of the dispute arising in future under the Act, the arbitration created under such Act is called Statutory Arbitration. Is. In the case of statutory arbitration, the consent or willingness of the parties has no importance. In statutory arbitration, the appointment of the arbitrator, location of the arbitrator, time period for issuing the award, enforcement of the award, law applicable to the arbitration process, fee or assessment of the arbitrator are as per the provisions of the Act.