Strategic litigation describes the phenomenon of lawsuits brought by civil society actors (activists and NGOs) in order to promote legal, political or social change. Prominent examples are business human rights and climate change litigation, where parallel lawsuits are filed in different fora at...

This study analyzes the various key decisions of some Latin American jurisdictions where arbitral awards were sought to be enforced and how the awards or arbitral proceedings were treated by the jurisdictions. The Article demonstrated the improvements made and attitudes adopted by national...

This research focuses on the resolving maritime disputes by arbitration and it would be the comparative analysis of UK and USA approaches. Furthermore, the research aims with relevant legal principles in the context of current maritime arbitration practices in UK and USA. Moreover, the focus is...

The separability of an arbitration agreement from the underlying contract is a well-established theory in commercial arbitration. This theory has been applied by courts and arbitral tribunal across the globe without any deviance. However, the position becomes complex when the question is...

Arbitrability is whether parties to a transaction have submitted a particular dispute to be resolved via arbitration rather than by courts. In the arbitrability domain, a question that follows is “who decides” whether parties have determined arbitrators or judges should decide the...

It discusses an interesting legal issue on whether an unconscionable arbitration agreement should be void entirely, or merely severed the unconscionable bits. This piece focuses on the US law aspects discussed in the recent Canadian Supreme Court case of Uber v Heller.In particular, Côté J...

Generally, it is a well-settled position of the law that it is only parties to a contract that are imbued with the rights to sue and be sued on the obligations of the contract. Arbitration is the creation of a contract, i.e. consent of both parties can only be invoked by parties or signatories...

During the COVID-era, our world shifted to online dispute resolution mechanisms. The field of information technology has contributed a lot to the development of online dispute resolution systems including arbitration. New electronic contracting tools are being used by businesses all over the...

This article discusses Viking River Cruises, Inc. v. Angie Moriana, to be argued to the Supreme Court on March 30, 2022. The Court will address whether California’s Private Attorneys General Act (PACA) permits a plaintiff in a labor dispute to seek relief on behalf of hundreds of claimants and...

Companies have broad power to funnel employment disputes into individualized arbitration, thereby preventing employees from vindicating workplace rights in court. Recently, however, plaintiff-side lawyers discovered how to simultaneously file thousands of individual arbitration claims. Faced...