Marco P. Falco的动态

Read Marco P. Falco's latest word on the most common errors when parties seek leave to appeal in the most recent edition of Law360 Canada: https://lnkd.in/gFswR-Es

Read Marco P. Falco's latest word on the most common errors when parties seek leave to appeal in the most recent edition of Law360 Canada.

Read Marco P. Falco's latest word on the most common errors when parties seek leave to appeal in the most recent edition of Law360 Canada.

The new Labour government has reintroduced the Arbitration Bill, aiming to amend the Arbitration Act 1996 based on the Law Commission's 2023 recommendations. Key updates include summary disposal, enhanced court support, and clearer laws on arbitration agreements. Read about it here. #ArbitrationAct #LegalReform #UKLaw William Dunning Jonathan Schuman Jayne Bentham Mohammed Reza Lijun Chui 崔丽君 Simmons & Simmons

Philip Aliker: In an Arbitration, It is critical that every Arbitrator understands the difference between these 4 laws; 1. Law of the Forum: Governs procedural matters in the jurisdiction where the dispute is heard. It addresses issues like enforcement and public policy considerations. 2. Law of the Contract: This is the substantive law that governs the parties’ rights and obligations under the contract, often specified as the governing law clause. 3. Law of the Arbitration Agreement: Distinct from the law of the contract, it determines the validity, interpretation and enforceability of the arbitration clause itself. 4. Law of the Seat: This law governs the arbitral process and procedural rules, providing the framework for judicial oversight and support.

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

The Municipal Property Rates Act remains a complex and nuanced piece of legislation, requiring property valuers to have a deep understanding of its intricacies in order to produce accurate and credible reports. With its various provisions and regulations, the Act can be tricky to navigate, but it is essential for valuers to grasp its implications to ensure that their reports are reliable and withstand scrutiny. Thobeka Cele, an Associate Attorney at HSG Attorneys Inc , will be presenting at the annual South African Institute of Valuers (SAIV) KZN Berg Seminar in August where she will share her expertise on this and other legal topics. #muncipal #law #valuations #regulations

Westerberg & Partners' Jesper Tiberg and Olof Olsson report on the case Kyrgyz Republic v UAB Garsu Pasaulis. In its decision, the Svea Court of Appeal concluded that contracting states to the 1954 Hague Convention are exempt from the requirement to provide security for costs before the Court. Read more about the Court’s reasoning in the article which was recently published by Practical Law Arbitration (Thomson Reuters) and may be read through the following link (behind paywall) https://lnkd.in/dxwEu-Sw or the below PDF. #Arbitration #SecurityForCosts #ContractingState

Gavin Davies and Laura Ackroyd have authored the UK chapter of the International Corporate/M&A Practice Area Guide published by Global Law Experts - it looks at current regulation, trends and upcoming developments. Click here for more: https://lnkd.in/eeswuhkc

Marco P. Falco writes about the top 5 errors made when parties sue on a commercial agreement in the latest edition of Law360 Canada.?Read Marco's article in the link below: https://lnkd.in/guHq3bR3