Arbitral Award, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Public Policy

(Loyola University Chicago School of Law)/ /1 Comment
Institute for Transnational Arbitration (ITA)

On the 60th anniversary of the New York Convention, we can generally conclude that the public policy basis for refusing to enforce an arbitration award has for the most part worked as the drafters intended. The drafters knew that by permitting courts to refuse to enforce foreign arbitral awards based on public policy, they were…

Arbitration, Arbitrators, Conflicts of interest, Disclosure, IBA, IBA Guidelines on Conflicts of Interest

(Loyola University Chicago School of Law)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

The IBA Guidelines on Conflicts of Interest focus on when an arbitrator should disclose potential conflicts, as well as when he or she should simply not accept appointment. For the most part, they do not specifically address the potential disqualification of an arbitrator. Nonetheless, the Guidelines, even though non-binding, have become quite influential in the…

Arbitral Tribunal, Counsel, Guerrilla Tactics, IBA Guidelines on Party Representation, LCIA Arbitration, LCIA Guidelines for Parties' Legal Representatives

(Loyola University Chicago School of Law)/ /5 Comments
Institute for Transnational Arbitration (ITA)

There have been increasing calls over the past few years for an international code of conduct for counsel in international commercial arbitration, and for arbitrators to have more power to control counsel conduct. The growing concern is related to significant changes that have taken place in international arbitration practice. Arbitration is no longer controlled by…

Uncategorized

(Loyola University Chicago School of Law)/ /1 Comment
Institute for Transnational Arbitration (ITA)

The new Recast Brussels I Regulation, which governs the jurisdiction of courts and the recognition and enforcement of judgments in the Member States of the European Union, has taken the strong position that arbitration will continue to be excluded from its coverage. The Recast Regulation will begin to apply to Member States in January 2015,…

arbitrators’ conduct, Evidence, IBA Rules of Evidence

(Loyola University Chicago School of Law)/ /2 Comments
Institute for Transnational Arbitration (ITA)

The addition of the good faith requirement to the 2010 IBA Rules on the Taking of Evidence in International Arbitration has been criticized in a recent law review article.  In Good Faith, Bad Faith, But Not Losing Faith:  A Commentary on the 2010 IBA Rules on the Taking of Evidence in International Arbitration, Pedro J….

Anti-suit injunction, Arbitral seat, Domestic Courts, EU Regulation 44/ 2001, European Union, Jurisdiction, Lis Pendens, New York Convention, Parallel Proceedings

(Loyola University Chicago School of Law)/ /1 Comment
Institute for Transnational Arbitration (ITA)

One purpose for anti-suit injunctions is to stop parallel proceedings, that is, to stop parties from pursuing litigation or arbitration involving the same parties and the same claims in two different jurisdictions simultaneously. To stop parallel proceedings in arbitration, a party will go to the court at the seat of the arbitration and will ask…

Arbitration Awards, Class arbitration, Manifest Disregard Doctrine, North America

(Loyola University Chicago School of Law)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

Stolt-Nielsen v. Animal Feeds, 130 S. Ct. 1758 (2010), is an extraordinary case. In Stolt-Nielsen, the U.S. Supreme Court vacated the award of a distinguished arbitral tribunal essentially because the tribunal did not reach the result favored by the Supreme Court. In Stolt-Nielsen, charterers were arbitrating against shipping companies, alleging violations of antitrust law. The…