South Africa's new
arbitration law came into force at the end of 2017.
Not exact matches
Looks like the next opening for real reform of the police and fire
arbitration law will
come in 2019 — first year of the next gubernatorial term.
In the meantime, nearly 30 cases have already been decided by the
arbitration system set up by the
law, the latest
coming down this week against a Cumberland County vocational high school teacher accused of shoving a student.
This may be for several reasons including a perceived lack of neutrality where the counter-party is Chinese and concerns about the nuances of Chinese
arbitration law (although change may also be
coming in that respect too, as indicated during the UNCITRAL Asia - Pacific Judicial Summit during
Arbitration Week).
Although this provision
came into effect after the
arbitration had commenced, the court found that it simply reflected the existing strict standard of disclosure under French
law.
While in recent years, some important scholars have suggested that the time has
come to initiate a revision of the New York Convention, 8 there is no danger in leaving the Convention in its current form.9 Article VII (1), which will grow in importance with the continued modernization of national
arbitration laws, ensures that the Convention can not freeze the development of international
arbitration.
Those
coming from commercial
arbitration tend to stress the private nature of dispute settlement; for them the rule of
law means faithfulness to party consent, party autonomy, and sanctity of contracts.
Second, this blog is always on the lookout for differences in interpretation or application that the courts find between the Federal
Arbitration Act and the New York Convention, especially that part that is codified as U.S.
law in 9 U.S.C.. Here, the Court of Appeals states that: A «district court ‟ s primary authority to compel
arbitration in the international context
comes from 9 U.S.C. § 206, rather than from 9 U.S.C. § 4».
In
coming to its decision, the Court of Appeal held that the administrative
law framework set out in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190 applied, rather than the «appellate» framework, as an appeal of an insurance
arbitration reviews the decision of a non-judicial decision maker.
This landmark publication — being developed by arbitrators, practitioners, scholars / academics, and judges from around the globe, scheduled for release in 2019 — covers virtually every aspect of international
arbitration law, and will be relied on by arbitral institutions, arbitrators, counsel, parties, and judges worldwide for decades to
come.
Hioureas
comes to Foley Hoag from the New York office of Chadbourne & Parke LLP, where she specialized in international
arbitration and public international
law.
The supper's other traditions will continue and we will aim for a diverse guest list at each dinner — those from
law firms, the bar and others with an interest in
arbitration are all welcome to enjoy an informal dinner and informative discussion of
arbitration issues (and anything else that
comes up).
The new interpretation will focus on the issues that courts frequently encounter when
arbitration - related cases
come before them, dealing with gaps in current judicial interpretations (and likely the outdated
Arbitration Law, (The
Arbitration Law is also the subject of discussions among practitioners, academics, and others.)
Here are some highlights on the predictions offered by the panelists: 1) class actions are not going away; 2) the continued growth of mass commerce will continue to spawn class action litigation; 3) Justice Scalia's death will have a significant impact on class action jurisprudence going forward and the judiciary is likely to get less friendly to defendants in the short - term; 4) technology will make a big difference for the better in managing class action litigation; 5) defendants will continue to
come up with creative, far - reaching ways of limiting class actions; 6) plaintiffs» attorneys will continue to bring class actions when a) they think they can make money and / or b) they think they will advance the public good; 7) there will be some good class actions and some horrible ones; 8) look out for states to pass new consumer protection
laws similar to the New Jersey New Jersey Truth - in - Consumer Contract, Warranty and Notice Act (TCCWNA); 9) the TCPA and all - natural litigation booms will continue in the near future; 10) The CFPB will broadly define consumer finance services; 11) more class actions will go to trial; 12) what happens with the enforceability of
arbitration clauses will have a big impact on the viability of many categories of class actions in the future; 13) look for more class actions in the federal courts in New York state.
«There is a lot of variety when it
comes to what makes up the practice of family
law: client meetings; drafting; preparing financial statements; attending in court, on a mediation, or an
arbitration; communicating with opposing counsel; negotiating; participating in a disclosure meeting following a custody and access assessment... the list is endless.»