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Arbitration & ADR

17 October 2019
Xing Xiusong Fraud claims in letter of guarantee not subject to arbitration clause in underlying contract

China - Global Law Office

An independent letter of guarantee involves a legal relationship between the applicant, the issuer and the beneficiary. Without an arbitration clause in a letter of guarantee, it is unclear whether the arbitration clause in the underlying contract can also bind the issuer. A recent Supreme People's Court ruling provides a clear answer to this question.

Authors: Xing Xiusong, Jing Han
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Pierre Bienvenu Data protection and cyber-risk issues in arbitration: regulation, cyberattacks and hacked evidence

International - Norton Rose Fulbright

Data protection and cybersecurity are hot topics in international arbitration and international surveys demonstrate that users of arbitration are concerned about data security. While there are signs that the market is listening, users seem to think that institutions, counsel and tribunals could do more to address cybersecurity. As these issues become more common, it is hoped that consistent practices will emerge to reassure users that their data will be secure.

Authors: Pierre Bienvenu, Ben Grant
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K Shanti Mogan High court rules that non-parties to arbitration are not bound by confidentiality

Malaysia - Shearn Delamore & Co

A high court recently ruled that the prohibition against third parties publishing, disclosing or communicating information relating to arbitration proceedings does not extend to non-parties to an arbitration. This decision will affect the extent to which the confidential documents used in arbitral proceedings remain confidential.

Author: K Shanti Mogan
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Recent updates

Alison G FitzGerald Singapore Convention: update on enforcing mediated settlement agreements

International - Norton Rose Fulbright

Authors: Alison G FitzGerald, J Thomas Hatfield
Keith Robinson Enforcement of foreign arbitral awards

Bermuda - Carey Olsen Bermuda

Authors: Keith Robinson, Michael Hanson, Sam Stevens
Alexandra Gerungan Commercial dispute resolution: an overview

Indonesia - Makarim & Taira S

Authors: Alexandra Gerungan, Lia Alizia, Rudy Andreas Halomoan Sitorus
Vsevolod Volkov Enforcement of arbitral awards by sanctioned entities: courts test public policy exception

Ukraine - Everlegal

Author: Vsevolod Volkov
Marie Berard Clarity over English court's jurisdiction to grant anti-arbitration injunction against foreign-seated arbitrations

United Kingdom - Clifford Chance

Authors: Marie Berard, James Dingley, Benjamin Barrat
Jeevan Ballav Panda Terminating arbitrator's mandate – can parties proceed with truncated tribunal?

India - Khaitan & Co

Authors: Jeevan Ballav Panda, Shalini Sati Prasad, Meher Tandon

Upcoming events

3rd IBA Litigation Committee Conference on Private International Law

24-25 October 2019 – Milan, Italy

Now in its third year, this leading conference will once again bring together practitioners from around the globe to discuss Brexit, the mushrooming of International Commercial Courts in Europe and sanctions.

For more details go to:

IBA – 7th Biennial Conference on Construction Projects from Conception to Completion

1-2 November 2019 – Berlin, Germany

This biennial event will bring together industry leaders in construction to discuss smart contracts, defects liability periods, hardship laws, FIDIC 2017 conditions versus FIDIC 1999 conditions and arbitrator selection.

For more details go to: