• Search

Chapter

Economic Damages

13 September 2017

Construction claims: The role of financial experts The compensatory damages that arise from a defendant's breach of contract are awarded with the purpose of making the claimant whole - that is to compensate the injured party for the loss that it has suffered. Quantum experts assess the loss suffered by a claimant by comparing the financial position that the claimant is actually in, with the financial position the claimant would have been in but for the act complained of. Compensatory damages are awarded to place the claimant in the same financial position it would have been in but for the alleged breach.

Colombia

05 September 2017

Core arbitration principles in the jurisprudence of Colombia's high courts After the enactment of the Colombian Arbitration Statute (CAS) through law 1563 of 2012, several courts, including the highest courts in Colombia (the Supreme Court, the Constitutional Court and the Council of State) have had a chance to apply its principles in different scenarios. These include the recognition of foreign awards, the decision of actions to set aside an award rendered by an international tribunal seated in Colombia, judicial review of regulations, Constitutional injunctions and others. This article analyses the way in which the highest courts in Colombia have referred to the core principles of arbitration in those decisions, explains certain problematic implications of the rulings and points out possible outlooks for the future.

Cayman Islands

05 September 2017

The Arbitration Law 2012 (the Law) provides a modern statutory regime based largely on the UNCITRAL Model Law and the English Arbitration Act (1996 Act).

Canada

05 September 2017

International commercial arbitration in Canada operates under a well-developed legal framework designed to promote the use of arbitration and minimise judicial intervention. Canadian courts have consistently upheld the integrity of the arbitral process; recent case law has further established Canada as a leader in the development of reliable jurisprudence relating to the UNCITRAL Model Law on International Commercial Arbitration (the Model Law) and the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) by giving broad deference to the jurisdiction of arbitral tribunals and supporting the rights of parties seeking to enforce international arbitral awards. Canadian courts have also been instrumental in supporting the arbitral process when necessary.

British Virgin Islands

04 September 2017

The legislation governing arbitration in the British Virgin Islands (BVI) is the Arbitration Act 2013, which came into force on 1 October 2014 and that repealed the Arbitration Act 1976 (the latter will nevertheless continue to govern arbitrations commenced before 1 October 2014). The Act contains comprehensive legal provisions that take into account modern principles and practices of arbitration and incorporates many of the articles of the UNCITRAL Model Law (Model Law). But this is not simply a modernising statute; it is one that, together with the BVI's accession to the New York Convention on 25 May 2014 (making an arbitral award from a BVI tribunal enforceable in other contracting states), is designed to make the BVI as popular a seat for international arbitration as London, Paris and New York. In particular, the Act provides for the establishment of a statutory body, the BVI International Arbitration Centre (IAC), with a governing board and the power to promulgate rules under the Act. John Beechey was appointed by Cabinet on 7 September 2015 as the first chairman of the IAC Board. Mr Beechey was president of the ICC International Court of Arbitration from 2009 to 2015. The IAC is now fully in operation, with a bespoke set of rules and an extensive panel of international arbitrators.

Brazil

04 September 2017

This article focuses on some of the critical legal issues faced by parties to insurance and reinsurance contracts covering Brazilian risks when resolving their disputes by way of arbitration, namely:

Bolivia

04 September 2017

On 25 June 2015, the new Conciliation and Arbitration Law No. 708 was enacted with the purpose of providing the new rules for the application of conciliation and arbitration as alternative methods to resolve controversies within Bolivian territory.

Bermuda

30 August 2017

Bermuda as an international arbitration centre Bermuda has hitherto not been successful in establishing itself as venue for international arbitration. This has been due to the absence of a dedicated facility for holding arbitrations comparable to those in Hong Kong and Singapore. The Government of Bermuda has offered to make available the old police station in Hamilton and to enter into a public-private partnership to convert the building into an international arbitration centre. For the time being the overwhelming majority of arbitrations held in Bermuda involve one or more parties that are Bermudian companies. Arbitration is the typical form of dispute resolution used in the insurance and reinsurance industry in Bermuda. Liability insurance policies written on the so-called ‘Bermuda Form' provide for either London or Bermuda as the seat of the arbitration.

The Silicon Valley Arbitration & Mediation Center

30 August 2017

ADR for the global technology sector The Silicon Valley Arbitration and Mediation Center (SVAMC), a non-profit based in Palo Alto, California, serves the global tech­nology sector. SVAMC advances the use of arbitration and mediation by companies and individuals involved in technology and technology-related business disputes in Silicon Valley, throughout the US and around the world.

JAMS International

30 August 2017

The Institution Former judge Warren Knight founded JAMS in Southern California in 1979 as a for-profit corporation committed to private resolution of commercial disputes. The company's subsequent national and international expansion now makes it the world's largest private provider of mediation and arbitration services. JAMS remains headquartered in Irvine, California, and comprises 25 offices in North America and London, UK. It maintains an exclusive panel of over 300 full-time neutrals, including retired judges and attorneys with experience in alternative dispute resolution. JAMS neutrals are supported by approximately 200 full-time associates.