SMS As A Valid Means Of Serving Arbitration Notices Upheld By Singapore High Court

In the case of Wang Bin v Zhong Sihui, Zhong Sihui (the “defendant”) sought to set aside an enforcement order related to an arbitral award issued by the Shenzhen International Arbitration Court (“SCIA”) on the basis of ineffective notice having been received in the arbitration proceedings. Specifically, the defendant complained that the notice she had received had been sent via SMS to a number registered under her husband’s name. Rejecting this argument, the court […]

By | January 12th, 2025 ||

DMCAR Trend #4 – Plaintiffs Continue To Chip Away At The Arbitration Defense

Duane Morris Takeaway: Despite another tumultuous year of rulings, the arbitration defense remained one of the most powerful weapons in the class action defense toolkit. A defendant’s ability to enforce an arbitration agreement containing a class or collective action waiver continues to reign as one of the most impactful defenses in terms of shifting the pendulum of class action litigation. The U.S. Supreme Court cleared the last hurdle to widespread adoption of such agreements with […]

By | January 11th, 2025 ||

Is An Arbitral Appeal Mechanism In An Arbitration Clause Conceivable? The Superior Court Says Yes

On August 2, 2024, the Québec Superior Court handed down an unprecedented decision confirming that in Québec, an appeal mechanism could be included in an arbitration clause.1 According to the Honourable Chantal Masse, J.S.C., nothing prevents the parties from agreeing to an arbitration appeal process, thereby enabling an appeal arbitration body to confirm or reverse an initial arbitration award.
Background
In June 2023, 9727272 Canada Inc. (“972”), a car dealership operating in Laval, filed a request for […]

By | January 10th, 2025 ||