In the February Edition, we look at interesting developments that have occurred in the field of ADR over the past month.
In International Arbitration, we look at the Southern District Court of New York’s holding in Top Matrix Holdings, In Re  on overly burdensome pre-civil litigation discovery requests and the English Court of Appeal decision in Filatona Trading v. Navigator Equities  with respect to a disclosed principal’s right to enforce an arbitration agreement which has been entered into by their agent. In another Court of Appeal decision in Kabab-Ji SAL (Lebanon) v Kout Food Group, the English Court, basing on the Sulamérica CIA Nacional De Seguros SA & Ors v Enesa Engenharia SA & Ors  broadened the scope of what can be construed as ‘express choice of governing law of arbitration’. This ruling is expected to have significant relevance. We also look at relevant developments in the role of Artificial Intelligence in Arbitration.
In furtherance of our aim to focus on investment arbitration, and in continuation of our last issue, we have a dedicated section to updates from this field. From the revival of the Yukos award, awards against and in favour of Libya in respect of arbitrations initiated due to the government’s actions during the Civil War in the country, and new arbitrations that have or will be initiated – the issue promises to keep you up to date.
As always, our focus has been to provide developments in domestic arbitration and mediation which are of import to practitioners in the field. The sections on them will attest to that.
We will also be organising the 2nd RGNUL-PACT Sports and Entertainment Law Mediation Competition from 6-8 March, 2020. We will be playing host to 102 participants and close to 40 practitioners of Mediation. The event promises to be an exhilarating competition and a tremendous networking opportunity for those interested in Mediation. The Competition is the National Qualifier Rounds for the International Mediation Competition (IMC) organised by Singapore International Mediation Institute (SIMI) and to be held in Singapore. More updates on that on our Blog and elsewhere later!
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Head of Research,
Centre for Alternate Dispute Resolution.