Winding up is “[a] type of external administration (also referred to as liquidation) in which a liquidator is appointed to a company to take control of the company and its property, and wind up its affairs in an orderly way for the benefit of creditors”.[1] This process can be initiated voluntarily by a company’s shareholders or […]
Multi-Tiered Dispute Resolution Clauses
Multi-tiered dispute resolution clauses are a common feature of modern arbitration agreements. Typically, these provide that the parties to a contract are precluded from bringing a dispute to arbitration until they have complied with certain prerequisite steps (the so-called “conditions precedent” to arbitration). However, despite their seemingly straightforward character, the enforceability of multi-tiered dispute resolution […]
Arbitrations and Related Cases Involving Rio Tinto
Arbitration is an important mechanism for resolving mining disputes, which are often complex, high-stakes disputes involving tens of millions of dollars or more. As a prime example of a company engaged in mining and associated controversies, Rio Tinto stands out. This British-Australian multinational corporation is among the largest metal and mining firms globally, and it […]
Arbitrations During the Paris Olympics
The Paris 2024 Olympics took place from 26 July to 11 August 2024 and were marked not only by remarkable athletic achievements but also by significant arbitration disputes. The Court of Arbitration for Sport (CAS) and its temporary offices played a crucial role in resolving disputes during the Olympic games. The CAS carefully reviewed decisions […]
New 2024 Netherlands Arbitration Institute (NAI) Arbitration Rules
In February 2024, the Netherlands Arbitration Institute (“NAI”) published its 2024 NAI Arbitration Rules, which superseded the previously applicable 2015 NAI Arbitration Rules, effective 1 March 2024. The new rules aim to enhance the efficiency, speed and sustainability of arbitrations to better serve the involved parties. The key features of the 2024 NAI Arbitration Rules […]