Arbitration In Asia Mini-Series: The Shanghai Outlook

As part of a mini-series exploring arbitration in Asia, Ian Meredith (K&L Gates, London) speaks with Dr. Mingchao Fan, the Executive Vice President of the Shanghai Arbitration Commission (the Commission), regarding arbitrations administered by the Commission, the key features of arbitration under the Commission’s Arbitration Rules, and the plans of the Commission going forward against the context of current and anticipated future developments in dispute resolution in the The People’s Republic of China and […]

By | November 20th, 2023 ||

United States: SCOTUS To Weigh Whether A Court Or Arbitrator Should Decide If A Subsequent Agreement Narrows A Preceding Arbitration Agreement Containing A Delegation Clause

The United States Supreme Court recently granted a petition for certiorari to review a Ninth Circuit decision and resolve the issue of whether, when parties enter into an arbitration agreement with a delegation clause, the court or an arbitrator should decide whether that arbitration agreement is narrowed by a later contract that is silent as to arbitration and delegation. A delegation clause specifies that an arbitrator, and not a court, will decide threshold questions […]

By | November 19th, 2023 ||

British Virgin Islands: What’s “The Matter”? The UK Supreme Court’s Decision On The Scope Of Arbitration Clauses

The UK Supreme Court in a recent decision has clarified the approach to be taken in determining when a matter ought to be referred to arbitration under an arbitration clause, and when such a matter falls outside of an arbitration clause. In doing so, the Supreme Court considered and endorsed the approaches found in other leading centres of international arbitration. The case will be highly persuasive on similar considerations before the BVI courts and […]

By | November 17th, 2023 ||