Arbitration (22 October – 19 November)

Arbitration News

Tech companies like Google are giving workers the right to take sexual harassment claims to court — but employees are calling for more

Recode – 19 November

Following a walk out at Google, a number of major tech companies have announced an end to forced arbitration for sexual harassment cases, including Google, eBay and Facebook. Employees can now take sexual harassment cases to court although some of these companies still ‘require employees to waive their right to class- and collective-action lawsuits’.

The ICC standard arbitration clause potentially invalid in Russia

Herbert Smith Freehills – 17 November

The ICC has applied to the Russian Supreme Court to find out whether the standard ICC arbitration clause is valid in Russia. In a recent dispute between Dredging and Maritime Management SA (Claimant) and JSC ‘InzhTransStroy’ (Respondent), which was resolved through arbitral proceedings, the Russian courts dismissed the application to have the reward recognised.

Belgium: Arbitration Clause in Agreements with FIFA and UEFA held Invalid

Global Arbitration News – 12 November

In a recent judgment handed down by the Court of Appeal in Brussels, the court found that under Belgian law, ‘an arbitration clause must define the scope of any potential dispute arising between the parties’, and an absence of this invalidates such a clause. Global Arbitration News examine this ruling in the case of Belgian football club Seraing (RFC Seraing) and investment fund Doyen Sports (Doyen Sports) who had an agreement with the International Football Association (FIFA) and the European Football Association (UEFA).

May’s Brexit Deal Suffers Major Setback after EU ‘Rejects’ UK Arbitration Mechanism

Huffpost – 9 November

In the latest Brexit negotiations, it has been revealed that the EU27 has rejected Theresa May’s ‘proposed model for independent arbitration of a temporary customs partnership with the bloc’. This would have solved the current issue of the Irish border. However, the EU has made it clear that EU laws must only be subject to the European Court of Justice (ECJ).

New HKIAC Administered Arbitration Rules further enhance efficiency of arbitrations

Global Arbitration News – 29 October

The Hong Kong International Arbitration Centre (HKIAC) has introduced an amended version of the Administered Arbitration Rules (2018 Rules), which come into force on 1 November 2018. The amends focus on making the arbitration process more efficient. Global Arbitration News discuss these new amendments and the impact they will have.

Written by Ellie MacKenzie

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