Joel Ighalo的动态

Hon. Gary Nadler (Ret.) says that “whether contractual arbitration is less expeditious and expensive than proceeding in court depends on several factors, a primary factor being the extent of discovery permitted.” He goes on to explain why arbitration can be beneficial even if the goal of an expeditious hearing is not met. Read more from Judge Nadler in this JAMS blog post. https://hubs.la/Q02L8p0f0 #arbitration #californiaarbitration #adr

4 ???????????????????? ?????????? ???? ?????????????????? ???????????????? ?????? ?????? ???????? 2024 1. ???????? ???????????? ?????? ?????? ?? ???????????????? ???????????? ?????? ?????? & ???????????? (????) ???? ?????? ???????????? ???? ???????????????? ???????????? & ???????????????????????? ?????? ?????????????? ??????????????????: FC held that the requirements under section 223(1) of the CA 2016 should be read disjunctively and the pre-emptive rights prescribed under Section 85(1) CA 2016 can be waived if a company’s constitution specifically provides for it. 2. ???? ?????? ?????? @ ?????????? ???? ?????? ?????? ??. ?????????? ???????????? & ?????????????? (????) ???? ?? ???????? ???? ???????????????????? ?????????? ?????????????? 346 ???? ?????? ?????????????????? ?????? ?????? ???????????? ???? ??????????-?????????????????????? ??????????????????: Dissenting Judgment: Justice Dato’ Lim Chong Fong held that the case of Ebrahimi did not hold that equitable considerations can never be imported if the affairs of the company or the relationship between the shareholders are commercial in nature. 3. ???????? ?????????? ?????????? ?? ?????? ?????? ?????? & ???????? (????) ???? ?????? ?????????? ???? ?????????? ???? ???????????????? ?? ???????????????????? ???????????? ?????????? ?????????????? 347 ???? ?????? ????: The Court of Appeal held that the 30 days written notice under Section 348(2) is a mandatory requirement and cannot be bypassed. 4. ?????? ???????? ???????? ??. ?????? ?????????? ?????? ?????? & 2 ?????? (????) ???????? ?????????????? ?????????????????????? ???? ???????????????? ???? ?? ?????????????????????? ??????????????: The High Court Judge stayed the proceedings in an oppression suit under Section 346, pending arbitration, due to an arbitration clause in the subject shareholders' agreement.

Arbitration: Applicability of section 36(2) of Arbitration and Conciliation Act, 1996 to Execution Proceeding initiated under section 36(1) and power of Executing as well as Appellate Court to stay the Execution Proceeding during pendency of an Appeal preferred under Section 37 – Orissa High Court Case Citation: (2024) ibclaw.in 656 HC https://lnkd.in/gaT2n6qi

A dive into the world of arbitration whereby we disect the doctrine of arbitrability. The document covers what arbitrability entails, factors that make a matter arbitrable or non arbitrable and significance of the doctrine amongst other issues.

When signing a contract with an arbitration clause, make sure that the signatories have the required discernment to grasp the meaning and scope of the main contract and the arbitration clause! ? Check out my comments on the Swiss Federal Supreme Court's decision 4A_148/2023 where the key issue is that a party might be capable of concluding the main contract, but not the arbitration agreement, and vice versa (autonomy/separability of arbitration agreement). ASA Bulletin 1//2024, p. 45 et seqq. https://lnkd.in/eKBVqttR

An entire agreement clause is a contractual provision which ensures that the only terms of agreement between parties are those written in the contract itself. ? ? Head of our Commercial department, Peter Kouwenberg, discusses the necessity of such clauses in protecting against potential future disputes.? ? Peter emphasises the importance of ensuring your entire agreement captures all key representations to avoid unexpected legal issues and potential costly disputes.? ? Read Peter’s article here:?https://bit.ly/4evOPZh

Section 38(2) of the Arbitration and Conciliation Act, 1996, requires parties to deposit prescribed fees at the commencement of arbitration proceedings. However, the proviso to this section allows the claimant to pay the respondent’s share if the respondent fails to do so, ensuring the arbitration process is not delayed due to non-payment. But if neither party deposits the required amount, the arbitrator has the power to suspend or terminate the proceedings. This provision emphasizes financial accountability, helping maintain the continuity of arbitration and safeguarding the process from unnecessary delays. This also safeguards the interests of the respondents against bogus claims.?#Arbitration #DisputeResolution #LegalInsights #IndiaLaw

Sterling Law made it to the books again ?? Won the case in COA! Court of Appeal handed down its judgement in Drelle v Servis-Terminal LLC [2025] EWCA Civ 62 today setting aside the judgements of Richards J at the High Court appeal and ICCJ Burton and dismissing the petition for bankruptcy. In particular, COA analysed the concept of “debt” with respect to the foreign judgements. Particular reference was made to s267 IA 1986 that states that a bankruptcy petition can be presented in respect of a “debt” for ““is for a liquidated sum payable to the petitioning creditor either immediately or at some certain, future time, and is unsecured”. The Court also highlighted that a foreign judgment “has no direct operation in England” At 55, the Court founds: “Drawing some threads together, it seems to me that, where there is no statutory provision to contrary effect, a bankruptcy petition cannot be presented in respect of a foreign judgment which has not been the subject of recognition proceedings. While an unrecognised judgment may be determinative for certain purposes, it will have “no direct operation” in this jurisdiction and so cannot be used as a “sword”, whether as regards “direct execution” or as the basis of a bankruptcy petition. An obligation to make a payment imposed by an unrecognised foreign judgment is not enforceable as such in this jurisdiction and, in the eyes of the law of England and Wales, does not constitute a “debt” for the purposes of section 267(1) or section 267(2)(b) of the 1986 Act. A foreign tax will not give rise to such a “debt”. No more will an unrecognised foreign judgment, which similarly involves an exercise of sovereign power. That conclusion is, moreover, consistent with the position under the 1933 Act, as explained in Judgment Debtor. It is also reinforced by section 267(1)(b)’s requirement that the “debt” in respect of which a bankruptcy petition is presented should be “payable … , either immediately or at some certain, future time”. A sum for the payment of which a foreign judgment provides is not, as it appears to me, to be regarded as so “payable” if the judgment is unenforceable unless and until recognised by a Court in this jurisdiction. (Compare in this respect King Crude Carriers SA v Ridgebury November LLC [2024] EWCA Civ 719, at paragraph 27, per Popplewell LJ.)” In short, the Court highlighted as the foreign judgement was not subject to recognition proceedings in England and Wales, the foreign judgement was not capable of providing the basis for the bankruptcy petition, in turn, no bankruptcy order.

Business arbitration can avoid the time, expense, and uncertainty of court proceedings and is particularly useful when parties want disputes resolved in a business setting. Learn more about arbitration and industry sectors: https://lnkd.in/ghr7rdU

Investing in successful integration is key to virtually every M&A deal - see, e.g., PwC’s 2023 M&A Integration Survey.?A standing mediator with M&A experience could be the key to ensuring the investment pays off.