REUTERS | Toby Melville
REUTERS | Toby Melville

The London Maritime Arbitrators Association (LMAA) Terms 2017 come into force on 1 May 2017 and apply to all LMAA arbitrations commenced on or after that date. In truth, the new terms introduce very limited changes to the well-established and familiar LMAA procedures, and can probably be seen as more of a fine-tuning exercise than a root and branch reform. Indeed, the LMAA has been upfront about this: the committee tasked with reviewing and amending the terms wished to maintain the existing “light touch” approach of LMAA arbitration. Continue reading

REUTERS |

In light of the recent decision of Mr Justice Marcus Smith in Microsoft Mobile OY (Ltd) v Sony Europe Limited and others, the “one stop shop” approach to arbitration clauses may now be relied on in relation to claims pleaded only in tort if a related contractual claim would have been pleadable. If that is correct, what should the applicant for a stay be demonstrating? Continue reading

REUTERS |

To mark International Women’s Day on 8 March 2017, Practical Law Arbitration is carrying out a series of interviews with women in arbitration. To kick-start this series, Practical Law Arbitration senior editor, Claire Lipman, speaks with Dr Jacomijn van Haersolte-van Hof, Director General of the London Court of International Arbitration (LCIA). They discuss diversity in arbitration, LCIA procedure, costs, third party funding and what the future holds in store. Continue reading

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Deciding upon which institutional rules are incorporated into a contract may have its advantages. One consideration is whether the institutional rules cut down the power of the court to assist the parties in arbitral proceedings. In particular regarding flexibility, privacy, speed and whether a court order may be easier to enforce than a decision of an arbitrator. Continue reading

REUTERS | Ana Carolina Fernandes

On 9 January 2017, the Singapore Court of Appeal handed down judgment in L Capital Jones Ltd and another v Maniach Pte Ltd. The case concerned a shareholder dispute and raised a number of legal issues. However, of most interest for the international arbitration community was the court’s ruling on the arbitrability of the respondent’s claim, which followed its earlier decision in Tomolugen Holdings Ltd v Silica Investors Ltd, delivered on 26 October 2015. Continue reading

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In November 2009, President Obama formally announced the intention of the US to participate in the negotiations of the Trans-Pacific Partnership Agreement (TPP), a free-trade agreement tracing its origins to a 2005 pact between New Zealand, Brunei, Chile and Singapore. Negotiations were completed six years later on 5 October 2015. On 4 February 2016, 12 Pacific-rim countries (New Zealand, Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, Peru, Singapore, the US and Vietnam) signed the TPP. The original signatories of the TPP represent approximately 36% of the world’s GDP. The TPP’s objectives included: Continue reading