Matthias Schrader and Dr. Johannes Schmidt (Willkie Farr & Gallagher LLP)
A one paragraph obiter dictum in an annulment decision rendered by the Frankfurt Higher Regional Court (the “Court”) on 16 January 2020 (26 Sch 14/18) reignited an old debate: are dissenting opinions in German arbitration proceedings permissible?
Continue reading Does issuing a dissenting opinion to an arbitral award constitute a violation of the German ordre public?By Caio de Faro Nunes, Attorney at Salusse, Marangoni, Parente e Jabur Advogados and Victoria Kromann Romero, Case Manager at CAM-CCMC
Brazil’s new Franchising Law (Law No. 13.966/19) was published on December 27th, 2019 and became effective as of March 27th, 2020. One of the innovations (more of a confirmation) set forth by the new legislation is the provision contained in article 7, paragraph 1, which states that “the parties may resort to arbitration to resolve any disputes related to the franchise agreement” (free translation).
Continue reading Franchising Arbitration in Brazil: What to Expect from the New Franchising Legislation?By Wendy Gonzales Lozano (Legal Counsel ASUS and Board Member MAA) and Naimeh Masumy (ITA)
The COVID-19 pandemic has led to an increase in the interest in alternative dispute resolution, especially arbitrations conducted online. The greater utilization of online platforms and digitization has coincided with the growing frequency and sophistication of cyber-attacks. Reportedly, by 2021 a business will fall victim to cyber-attacks every 11 seconds. Therefore, it is critical for these platforms to provide secure digital environments where the exchange of communications, storage of evidence and files, and virtual hearings can be conducted remotely and securely. The necessity of providing easily accessible platforms apt to handle complex disputes has brought to light the importance of online dispute resolution (ODR) platforms. Some of these platforms have taken the initiative to encompass robust security measures through which they implement standards consistent with the existing protocol on cybersecurity (2020 Protocol). Such measures may shift the arbitration landscape, in which these platforms may play an important role in institutional and ad hoc arbitration globally.
This note highlights some of the good practices of security measures, which mirror standards enshrined in the 2020 Protocol. In doing so, we make references to notable ODRs that embody these features. We then underscore the role of arbitral institutions in giving greater recognition to cybersecurity needs as they embark on the digitization of their services.
Continue reading Online Dispute Resolution Platforms: Cybersecurity Champions in the COVID-19 Era? Time for Arbitral Institutions to Embrace ODRsBy Nakul Sachdeva and Mohit Mahla*
The metaphor once used by Justice Burrough in 1824 – public policy is an ‘unruly horse’ (Richardson v. Mellish) still stands apt in the context of arbitration in India. Over the years, reliance on public policy to challenge an arbitral award or to resist its enforcement has become one of the main arrows in the quiver of the party challenging an arbitral award or resisting its enforcement. With time, however, the odds of the arrow hitting the target – especially in the enforcement of foreign awards proceedings – seems to have declined.
By Megan Betts and Evanthia Kasiora (Squire Patton Boggs)
The COVID-19 pandemic has already created market volatility and adversely affected the financial position of companies and individuals around the world. This post explores two main ideas: (1) whether the pandemic is likely to result in an upturn in recourse to third party funding arrangements; and (2) whether arbitrating parties should anticipate increased exposure to applications for security for costs in international commercial arbitrations.
Continue reading The Impact of the COVID-19 Pandemic on Third Party Funding and Security for Costs in International Commercial Arbitration