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International arbitration report
In this edition, we focused on the Shanghai International Economic and Trade Arbitration Commission’s (SHIAC) new arbitration rules, which take effect January 1, 2024.
Commercial division update: Updated rules for New York’s Commercial Division: Technology disputes and use of referees
New York Law Journal
The New York Commercial Division recently updated its procedural rules in two material respects: to reinforce its position as a go-to venue for technology-related litigation and to encourage the resolution of commercial disputes by the use of extrajudicial referees to hear and determine such disputes. These amendments, which became effective Feb. 14, 2024, highlight existing capabilities of the Commercial Division and aim at strengthening the jurisdiction’s attractiveness for complex business disputes.
Following a period of public comment in the fall of 2023, Chief Administrative Judge Joseph Zayas signed Administrative Order AO/77/24, amending Section 202.70 of the Uniform Rules for the Supreme and County Courts(Rules of the Commercial Division of the Supreme Court) by introducing an amendment to Section 202.70(b)(1)(technology disputes) and a new Rule 9-b to Section 202.70(g) (referees). 22 NYCRR §202.70(b)(1) and §202.70(g).
While these additions constitute welcome reminders of the Commercial Division’s jurisdiction over technology-related disputes and the existence of procedures to appoint extrajudicial referees, they do not directly impose any significant changes to the practice before the Commercial Division.
Read the full New York Law Journal article, "Commercial division update: Updated rules for New York’s Commercial Division: Technology disputes and use of referees."
Recent publications
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ECJ confirms public tenders’ restrictions for companies from third countries with no procurement agreement with the EU
EU Member States may allow companies from countries that have not concluded an agreement guaranteeing equal and reciprocal access to public procurement (public procurement agreement) with the EU to participate in public tenders, provided there is no EU act excluding the relevant country.
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