Browsing posts by Affiliate Group: Freshfields Bruckhaus Deringer
Freshfields Bruckhaus Deringer

Freshfields Bruckhaus Deringer

Visit Freshfields Bruckhaus Deringer's Website
Code of Conduct, Expedited arbitration, International arbitration, ISDS Reform, Reform, UNCITRAL, UNCITRAL Arbitration Rules, Working Group II, Working Group III

(Freshfields Bruckhaus Deringer US LLP)/ /Leave a comment
Freshfields Bruckhaus Deringer

Just like many of us have learned to work remotely these past few months, those leading the efforts to reform international arbitration have also had to endure the constraints imposed by the pandemic. At the first-ever virtual ITA-ASIL conference, held on 24 June 2020, Professor Chiara Giorgetti from the University of Richmond School of Law…

Arbitrators, Conflicts of interest, Costs in arbitral proceedings, Damages

(Freshfields Bruckhaus Deringer LLP)/ /Leave a comment
Freshfields Bruckhaus Deringer

The Austrian Supreme Court (OGH) confirmed that an arbitrator who is dismissed during the arbitration by a state court because of conflict of interest before the award is rendered may recover compensation for (useful) services rendered until dismissal (Austrian Supreme Court, Der Oberste Gerichtshof, OGH, 17 February 2014, 4 Ob 197/13v). The president of an…

Enforcement, Middle East, New York Convention

(Freshfields Bruckhaus Deringer LLP)/ /Leave a comment
Freshfields Bruckhaus Deringer

The International Bar Association annual conference in Dubai in November put the spotlight on the arbitral regime in Dubai. Several “hot topics” were discussed, including the possibility that counsel representing parties in arbitrations in Dubai would be charged a hefty fee by the Dubai government and the prospect of a new United Arab Emirates (UAE)…

Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Other Issues

(International Council for Commercial Arbitration)/ /4 Comments
Freshfields Bruckhaus Deringer

I recently spoke at a conference co-sponsored by the Milan Chamber of Arbitration and the ICC on the occasion of the publication of the new Italian arbitration treatise entitled Commentario Breve al Diritto Dell’Arbitrato Nazionale ed Internazionale (CEDAM 2010) by my colleague Massimo Benedettelli, along with co-authors Claudio Consolo and Luca Radicati di Brozolo. The…

Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Disclosure

(International Council for Commercial Arbitration)/ /Leave a comment
Freshfields Bruckhaus Deringer

When it comes time to identify an arbitrator candidate, be it in the investor-state context or in an international commercial arbitration, there are many factors to consider. One such factor, however, that has been the focus of much attention recently by arbitration institutions, practitioners and commentators alike, is arbitrator availability. It is clearly a sore…

Appointment of arbitrators, Arbitration Agreements, New York Convention

(International Council for Commercial Arbitration)/ /1 Comment
Freshfields Bruckhaus Deringer

In Safety National Casualty Corp. v. Certain Underwriters at Lloyd’s, London, 587 F.3d 714 (5th Cir. 2009), the Fifth Circuit addressed the following question: does the McCarran-Ferguson Act authorize state law prohibiting arbitration agreements in insurance contracts to reverse-preempt the New York Convention or the New York Convention’s implementing legislation (the Federal Arbitration Act, or…

Arbitration Proceedings, Investment Arbitration, North America

(International Council for Commercial Arbitration)/ /Leave a comment
Freshfields Bruckhaus Deringer

Following the flurry of arbitrations initiated by investors against Argentina based upon Argentine government actions during that country’s 2001-2002 economic crisis, one might have expected the U.S. government’s extensive market interventions during the 2008 global financial crisis to lead similarly to investor claims. The United States bailed out Fannie Mae and Freddie Mac, in the…

Arbitration Institutions and Rules, International Courts, UN and Int’l Organizations

(International Council for Commercial Arbitration)/ /Leave a comment
Freshfields Bruckhaus Deringer

International claims settlement involves a number of challenges that are relevant for the international arbitration community, including fact-finding and burden of proof, principles of State responsibility, treaty interpretation and damages under international law. One recent development of note involves Israel’s recent settlement of a claim brought by the United Nations. In July 2009, the United…

Arbitration, Arbitration Proceedings, English Law, Investment Arbitration, Non-signatory, State entity

(Aavagard LLP)/ /3 Comments
Freshfields Bruckhaus Deringer

Agency as a mechanism for compelling a non-signatory to join arbitral proceedings By Hanna Roos for YIAG International investors, and those who advise them, continue to be vexed by the question of when a non-signatory, such as a sovereign state, can be compelled to join arbitral proceedings. A typical scenario involves a private investor who…

Arbitration Proceedings, Arbitrators

(Freshfields Bruckhaus Deringer LLP)/ /1 Comment
Freshfields Bruckhaus Deringer

In 2006, I conducted a review of the most frequently selected arbitrators in the then-pending 103 ICSID cases. (See “Precedent in Investment Treaty Arbitration: A Citation Analysis of a Developing Jurisprudence” (2007), 24 J. Int’l Arb 129). My 2006 review of the 103 pending ICSID cases (ranging from cases registered in February 1997 to November…

Arbitration Institutions and Rules, Arbitration Proceedings, Asia-Pacific, Commercial Arbitration, National Arbitration Laws

(Borris Hennecke Kneisel)/ /Leave a comment
Freshfields Bruckhaus Deringer

As arbitration continues its upward trajectory in the world of dispute resolution, eyes have remained fixed on legal developments in China. With the significant growth of international transactions involving Chinese parties, there has been an equally staggering rise in the number of disputes. In China, arbitration has quickly become an accepted method of resolving international…

Arbitration Agreements, Europe, Investment Arbitration

(Freshfields Bruckhaus Deringer)/ /Leave a comment
Freshfields Bruckhaus Deringer

Conference: Fifty Years of Bilateral Investment Treaties December 1-3, 2009, Frankfurt Fifty years ago, Germany and the Islamic Republic of Pakistan concluded the first ever bilateral investment treaty. To mark (and celebrate) this important milestone in the development of investment protection, the German Society for the Promotion of Foreign Investments (GFA) and the German Federal…

Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators

(International Council for Commercial Arbitration)/ /Leave a comment
Freshfields Bruckhaus Deringer

Dedicated to the late Thomas Wälde, The Future of Investment Arbitration examines some of the current pressures on investment arbitration and looks toward the future of the system as a whole. The authors address issues such as gaps in the procedural rules, the lack of development in certain substantive areas of international investment law, inconsistencies…

Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Investment Arbitration

(Freshfields Bruckhaus Deringer LLP)/ /1 Comment
Freshfields Bruckhaus Deringer

In the early 1990’s, then World Bank Senior Vice President and General Counsel, Ibrahim Shihata, and then ICSID Legal Advisor, Antonio Parra, observed that there “was hardly any case law” on the full protection and security standard. In so doing, Messrs. Shihata and Parra also posited that “[a]rbitrators in future cases will undoubtedly have the…

Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Enforcement, Investment Arbitration, South America

(International Council for Commercial Arbitration)/ /2 Comments
Freshfields Bruckhaus Deringer

In light of interest in the international arbitration community concerning investment treaty cases against Argentina since the 2001 economic crisis, we thought it could be useful to share Freshfields’ working collation. We caution that this is based only on public records and press reports. Corrections are welcome. According to our data, 46 treaty cases have…

Arbitration Proceedings, Domestic Courts, International Courts, National Arbitration Laws, Section 1782 Discovery

(International Council for Commercial Arbitration)/ /1 Comment
Freshfields Bruckhaus Deringer

Parties involved in foreign litigation have a powerful U.S. discovery tool at their disposal in 28 U.S.C. § 1782(a). Section 1782(a) provides that a federal district court “may order” a person “resid[ing] or found” in the district to give testimony or produce documents “for use in a proceeding in a foreign or international tribunal…” Accordingly,…