NYLON Arbitration的动态

???????????????? ???????????????????? ???????????????? ???????????????? ???????????????? ?????????? ?????????????? ???? ?? ?????????????? ???? ?????? ???????? Gaillard Banifatemi Shelbaya Disputes is pleased to announce the addition of Peter Griffin to its partnership. Peter Griffin brings extensive experience in international arbitration, enforcement, and award monetization, acquired through his career spent at Shearman & Sterling and Baker Botts as a partner, and as a founder of Slaney Advisors, a boutique consultancy specializing in arbitration enforcement and recovery. Yas Banifatemi, Founding Partner, comments: “I am thrilled that Peter Griffin will be joining our Firm as a Partner in New York. Peter’s stellar reputation precedes him, and he brings versatility and a wealth of experience in international arbitration, US litigation and enforcement that fits perfectly our Firm’s practice and platform" Mohamed Shelbaya, Founding Partner, adds: "Peter’s extensive experience in oil & gas disputes will directly contribute to the further growth of our booming global energy practice." Benjamin Siino, Founding Partner and leader of the firm’s enforcement practice, remarks: "I couldn’t think of a better fit for our world-class enforcement and asset recovery practice. Peter is one of the few lawyers worldwide with a true specialisation in this growing field." Peter Griffin will focus on his work as counsel, bringing decades of experience in advocacy and strategic dispute resolution to Gaillard Banifatemi Shelbaya Disputes. His arrival underlines the firm’s commitment to strengthening its global presence and delivering the highest standard of service across its practice areas. #InternationalArbitration #TheArtOfArbitration #LawFirms

Resolution of Petroleum Disputes: Whither the Arbitration and Mediation Act 2023? by Uche Val Obi SAN, Alliance Law Firm https://lnkd.in/eTHHAcQg The #Arbitration and #Mediation Act (AMA) 2023 creates a legal framework for mediation and seek to address the challenges plaguing arbitration practice in #Nigeria. This legislation is critical to the petroleum industry, considering the commercial exigencies and preference for alternative dispute resolution (ADR) in the industry by the Petroleum Industry Act (PIA) 2021. Adopting the doctrinal research methodology, this study examined the implications of AMA on the petroleum industry and its interaction with the PIA. It is found that the Act has successfully created clarity in mediation practice and instances the court may intervene in arbitration proceedings. It is, however, observed that the creation of the Award Review Tribunal (ART) did not successfully reduce the courts’ intervention in arbitration process; rather, it added another layer of protocol to the arbitration process. It is also noted that AMA still maintains a subservient position to PIA and other industry regulations on ADR.?

About 10 years ago, I left the defense side and spent nearly 2 years working on MDL cases. Most of what I handled were allegations of underpayment of oil and gas royalty cases, but I also worked for clients in the MDLs for hip implant litigation, transvaginal mesh cases, and Hurricane Sandy. Representing a critical mass of clients is vastly different than individual litigation, and practitioners on both sides need to be prepared to adjust accordingly should a mass action develop. Since the 2010s, requiring or agreeing to ADR has become increasingly common in many contracts, and so mass ADR has followed. On May 1, JAMS promulgated its Mass Arbitration Procedures and Guidelines (https://lnkd.in/gayaanUi). The AAA updated its mass guidelines in January (https://lnkd.in/gfqZqzq4). If you draft contracts for clients that require ADR, you may want to take a look at these procedures and see if invoking them (or opting out) is best for your clients.

Blog Alert! When thinking about international arbitration, New York often springs to mind as the primary city of consideration. Historically, New York has served as the U.S. hub for international arbitration due to its robust legal infrastructure, well-established arbitration institutions, and its status as a global financial hub. However, New York is not the sole contender in the landscape of international arbitration within the United States. Other cities, including Atlanta, Houston, and Washington, D.C., also command attention due to their own unique attributes and strengths when it comes to dispute resolution. In recent years, Miami has risen as a prominent contender in international commercial arbitration, surpassing New York in the number of seated international arbitration cases in 2021, marking a significant shift in the landscape. Disclaimer: The hiring of an attorney is an important decision and requires due diligence of the attorney and firm prior to the hiring of any firm or attorney. . . . #blogpost #blog #lawfirm #businesslawyer #corporatelawyer #attorney #thecampbelllawgroup #thecampbelllawfirm #coconutgrove #miami #florida #coralgables #miamibeach #pinecrest #brickell #weston #keybiscayne #floridakeys #tampa #orlando #floridaattorney

Staying litigation in favour of arbitration – the “real and proper purpose” qualification: In the Supreme Court’s judgment in Mozambique v Privinvest, Lord Hodge considered (obiter) that an application to stay legal proceedings could be refused if there was no “real and proper purpose” for it.?In Mozambique, Lord Hodge thought it was difficult to see a “real and proper purpose” for the application to stay the litigation in favour of arbitration because, due to their having been joined to the litigation as Part 20 Defendants, the entirety of the dispute against the applicants would potentially be in the public domain and the parties would not have the advantage of privacy which an arbitration may give.?On the same date that the Supreme Court delivered judgment in Mozambique, Lord Hodge, sitting this time in the Privy Council, delivered the judgment in FamilyMart v Ting Chuan.?Again, Lord Hodge said that the court could refuse an otherwise mandatory stay of litigation if the applicant has no “real or proper purpose” for seeking the stay. That could include not only an application for a stay in relation to issues that were peripheral to the legal proceedings but also an application that amounted to an abuse of process.?So far, to my knowledge, the argument that a stay should be refused because the application was not made for a “real and proper purpose” has been advanced twice – once in Sodzawiczny v Smith and once in the recent judgment of Tumpuan v ING.?In Sodzawiczny, Foxton J did not find it necessary to consider the argument, but said that the principle would represent a “significant and, it is respectfully suggested, controversial development in English arbitration law”, the precise juridical basis for and practical parameters of which have yet to be explored.?In Tumpuan, Stephen Houseman KC noted Foxton J’s misgivings, but said he did not need to consider the qualification given that the application made before him was not abusive or improper.?Although controversial, the “real and proper purpose” qualification has (as Foxton J acknowledged) received support at the highest level of judicial authority, so although it has not succeeded yet, I’ll be surprised if it isn’t raised again (soon!). #arbitration #litigation #mozambique #familymart #realandproperpurpose #stay #nopicturetoday https://lnkd.in/exHagkdp (Mozambique) https://lnkd.in/ejrXbVcx (FamilyMart) https://lnkd.in/e-AgDVfu (Sodzawiczny) https://lnkd.in/evPyA-hG (Tumpuan)

?? Navigating the Complexities of International Real Property Disputes ?? ??? Date: January 23, 2025 | ? Time: 12:00 PM – 1:00 PM Do you handle international real property disputes? This MCLE-accredited webinar is designed to provide you with the tools and strategies needed for successful mediation in cross-border property conflicts. ?? Earn 1 Participatory MCLE Credit! Register now! https://bit.ly/40KNZoi #MediationSkills #RealPropertyDisputes #InternationalLaw #LegalEducation #MCLECredits #MediationStrategies

In a groundbreaking legal move, a UK court has mandated the transfer of a high-value property from the National Iranian Oil Company to Crescent Petroleum, in compliance with a $2.6 billion arbitration award. This pivotal decision not only reinforces the UK's strong stance on international arbitration enforcement but also may influence future legal strategies in arbitration-related insolvency cases globally. Link to full article: https://lnkd.in/gmbH4eUi White Code VIA Mediation & Arbitration Centre @Adv. Kalyan Khrishna Bandaru #LegalNews #ArbitrationAward #InternationalLaw #UKCourtDecision #AssetTransfer

?????????? ???? ?????????????????????? ???????????? 1. ???????????????? ?????????????????????? ???????????? - where the parties agree to submit future disputes to arbitration. It typically specifies the arbitration rules, seat (location), and governing law but is otherwise straightforward. 2. ?????????????????????????? ?????????????????????? ???????????? - Where the disputes are referred to an established arbitration institution (e.g., CIAC, DIAC, SIAC, AAA). The clause specifies the institution's rules will govern the arbitration process. 3. ???? ?????? ?????????????????????? ???????????? - The parties agree to arbitration without the involvement of an institution. The arbitration is organized solely by the parties, often with rules set by them or by appointing an arbitrator. 4. ??????????-???????? ???? ???????????????????? ???????????? - The parties attempt to negotiate, mediate, adopt other forms of dispute resolution before proceeding to arbitration. The goal is to resolve the dispute at earlier stages before invoking arbitration. 5. ?????????? ???? ???????????? ?????????????????????? ???????????? - The clause allows for certain disputes to be arbitrated, while others may go to court. It specifies which types of disputes are subject to arbitration and which are not. The parties could mutually tailor the dispute resolution procedures as per their specification and nature of dispute. Engineer Mohamad Said Fatha MCIArb Board Member of the Arab and international Court of Arbitration-Canada FIDIC Contracts Translation Task Group Sworn Expert Before the Court

The recent guidelines issued by the Ministry of Finance on arbitration and mediation in domestic public procurement are set to revolutionize dispute resolution. Key highlights: 1. enhanced emphasis on mediation as a preferred dispute resolution mechanism 2.Clearer framework for arbitration proceedings 3.Improved efficiency and cost-effectiveness in dispute settlement. These guidelines are a significant step towards fostering a more amicable and efficient dispute resolution ecosystem in the public procurement sector.

Recently, I was interviewed on a Moldovan podcast about judicial reforms and the justice system in general. I gave them my opinion as an arbitration practitioner. ? At one point, my host asked me about arbitration. After several back-and-forth questions & answers, she concluded that this is “justice for the rich”. I told her this is high-quality justice, often in very complex cases, and it has a cost, yes. ? Local courts are not equipped for complex commercial matters, which account for a small number of overall commercial disputes. ? But if we can imagine taking all these complex disputes from the courts and entrusting them to arbitration, the courts will have much time freed for the day-to-day cases they are well equipped to deal with. ? I cannot imagine a domestic court (in Moldova) dealing with an international construction dispute – i.e. FIDIC, 20k pages of evidence, quantum / delay / other technical expert reports, cross-examination (?), etc. ? International arbitration may be an avenue with a higher cost but the alternative is not appealing at all.