Arbitration

Arbitration, Domestic Courts, Enforcement, EU Regulation 44/ 2001, European Law, European Union

(Linklaters)/ /Leave a comment
Linklaters

By Alessandro Villani and Manuela Caccialanza One of the more debated issues in the process of the implementation and review of Regulation No. 44/2001 (“Brussels Regulation”) was the general exclusion of arbitration from the matters covered by the Brussels Regulation. The debate about the opportunity to mitigate such exclusion arises from the subsequent difficulty in…

Arbitration, Arbitration Act, Saudi Arabia, Shari‘a, UNCITRAL Model Law

(Dentons)/ /2 Comments

and Amgad T Husein, Dentons (Managing Partner, Saudi Arabia) 1. Overview Since the enactment of Saudi Arabia’s new Arbitration Law in July 2012, more foreign investors have opted for arbitration in Saudi Arabia rather than in foreign forums. By simplifying dispute resolution and streamlining the enforcement of arbitral awards, the Arbitration Law has sought to…

Appointment of arbitrators, Arbitration, Arbitration Institutions and Rules, Arbitrator Challenges, Arbitrators, Availability of arbitrators, Confidentiality, Expert evidence, Interim Orders, International arbitration, Joinder

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment
WilmerHale

The Danish Institute of Arbitration (“DIA”) revised its rules effective May 1, 2013, an overhaul from the prior 2008 iteration of its rules that brings the DIA rules into line with those of leading arbitral institutions. As part of these revisions, the DIA has both reorganized the structure of its rules and updated various key…

Arbitration, Brazil, Energy

(Pinheiro Neto Advogados)/ /1 Comment

and José Roberto Oliva Junior and Ricardo Dalmaso Marques, Pinheiro Neto Advogados One of the segments of the infrastructure sectors in Brazil that have lately triggered the greatest amount of disputes are the power generation, distribution and trading sectors. In effect, there’s little disagreement in Brazil nowadays that, just as with other sectors that could…

Arbitration, Arbitration Act, Brazil

(Stockholm University)/ /Leave a comment

At the beginning of April, the Brazilian Senate established a Committee for the modification of the Brazilian Arbitration Law – Law no. 9.307 of September 1996. The president of the Committee, Luís Felipe Salomão, believes that the new amendments will strengthen arbitration, as an alternative dispute resolution mechanism. Salomão suggests that the goal of these…

Arbitration, Arbitration Agreements, Arbitration Institutions and Rules

(Orange, General Counsel, International Expertise & Conflict Resolution, Litigation, CSR & Real Estate and Chair of the Corporate Counsel International Arbitration Group (CCIAG))/ /1 Comment

and Thomas Baconin, Orange,  trainee in International Expertise & Conflict Resolution, Litigation, CSR & Real Estate On the 15th of April in the prestigious venue of the Hotel de Ville in Paris, the non-profit organization Paris Place d’Arbitrage introduced its new ad hoc “Paris Arbitration Rules”, in front of 200 law practitioners from the arbitration…

Anti-arbitration, Appeal, Arbitration, CAFTA, Domestic Courts, Legal Practice, National Arbitration Laws

(Consortium Centro América Abogados)/ /2 Comments
Institute for Transnational Arbitration (ITA)

A brief history Arbitration has been a part of the laws of El Salvador for more than a hundred years. The Constitution of 1983 clearly states in Article 23 that every citizen of the country has the right to terminate his or her civil or commercial matters through arbitration. July 2002 marked a dramatic change…

Arbitration, Arbitration Act, Legislation

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A legislative proposal to modernize Dutch arbitration law has been submitted to Dutch parliament on 16 April 2013. For an informal English translation of a comparison between the legislative proposal with the current Dutch arbitration law, see here. It is anticipated that the Second Chamber of Dutch Parliament will submit a report on the proposal…

Arbitration, Asia-Pacific, Commercial Arbitration, Domestic law, Hong Kong, Legislation, National Arbitration Laws, Pro arbitration

(Herbert Smith Freehills)/ /Leave a comment
Herbert Smith Freehills

by Justin D’Agostino and Briana Young On 28 March 2013, Hong Kong gazetted The Arbitration (Amendment) Bill 2013. The Bill proposes amendments to Hong Kong’s Arbitration Ordinance (Cap. 609) to implement an arrangement for mutual enforcement of awards between Hong Kong and Macao, allow for enforcement of emergency arbitrator decisions in Hong Kong, and provide…

Applicable Law, Arbitral Tribunal, Arbitration, Arbitration Awards, Investment agreements, Investment Arbitration, Uncategorized

(University of Victoria Faculty of Law)/ /Leave a comment

At a conference a few years back, a well-known and respected arbitrator was speaking on the topic of predictability and consistency of arbitral decision making in investment treaty arbitration.  The arbitrator asked whether arbitrators should fly solo or in flocks.  He made a strong and persuasive case for the independence of the arbitrator, to fly…

Arbitration, Arbitration Awards, Arbitrators, Federal Arbitration Act (FAA), Uncategorized, United States

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment
WilmerHale

The U.S. Federal Arbitration Act (FAA) provides that a federal district court may vacate an arbitration award, among other reasons, “where there was evident partiality or corruption in the arbitrators.” 9 U.S.C. §10(a). However, as illustrated by a recently decided case in the Southern District of New York, U.S. district courts apply different standards of…

Arbitration, Asia-Pacific, UNCITRAL Model Law

(Quinn Emanuel Urquhart & Sullivan, LLP)/ /Leave a comment

and Matthew Lee* Introduction Last Wednesday, the international arbitration community in Australia won a significant victory. Indeed, in TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia [2013] HCA 5 (13 March 2013), S178/2012, the Australian High Court (“Court”) dismissed a challenge to the constitutionality of the International Arbitration…

Arbitration, ICC Arbitration

(Stockholm University)/ /1 Comment

The ICC Institute of World Business Law has launched the 2013 edition of the Institute Prize for dissertations and essays on international commercial law, including arbitration, for anyone under the age of 40. The Prize of 10,000 Euro is awarded by a jury consisting of members of the ICC Institute Council. Essays and doctoral dissertations…

Appointment of arbitrators, Arbitral Tribunal, Arbitration, Arbitration Agreements, Arbitration Awards, Arbitration clause, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Consumer contracts, Costs in arbitral proceedings, Discovery, Dispute Resolution, Dispute resolution clause, Efficiency, International arbitration, Mediation, Pre-arbitration Dispute Settlement Procedures, Uncategorized

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

A new study of dispute resolution practices in Fortune 1,000 corporations shows that many large companies are using binding arbitration less often and relying more on mediated negotiation and other approaches aimed at resolving disputes informally, quickly and inexpensively. The 2011 survey of corporate counsel developed by researchers at Cornell University’s Scheinman Institute on Conflict…

Arbitration, Arbitration Act, Domestic Courts, Domestic law, Enforcement, Europe, Evidence, Interim Orders

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The recent Portuguese Voluntary Arbitration Law, which has been in force since 14 March 2012, (English version available here), was received with great enthusiasm amongst the legal community, which claimed for a new arbitration law that could bring to Portugal a regulatory framework closer to the UNCITRAL Model Law on International Commercial Arbitration. The goal…

Africa, Arbitration, Arbitrators, Investment protection

(Lazareff Le Bars)/ /Leave a comment

Over the past decade, Africa has emerged as a leading center of economic growth. From mining and manufacturing, to banking and telecoms, nearly every industry is witnessing rapid expansion in Africa, driven by both African enterprises and businesses from around the world. Naturally, an increase in international commerce has resulted in an attendant increase in…

Arbitration, Competition Law, United Arab Emirates

(Blanke Arbitration LLC)/ /1 Comment

The vexed question of the arbitrability vel non of competition law has now reached the shores of the United Arab Emirates. Readers will, of course, be aware that this question has been answered in the affirmative – and most will agree rightly so – in the world’s leading arbitration jurisdictions, in particular in Europe and…

Advocacy, Arbitration, Dispute Resolution, International Courts

(International Moot Court Competition Association (IMCCA))/ /1 Comment

and Stanka Cherkezova With the finals of the Philip C. Jessup and Willem C. Vis Moot approaching it is a good time to spend a few words on oral advocacy and persuasion which are indispensable to moot-courting and real life career as well. A judge from the International Court of Justice once said that he…

Arbitral seat, Arbitration, Enforcement, Uncategorized

(Herbert Smith Freehills LLP)/ /1 Comment
Herbert Smith Freehills

If the answer is London, Paris, Geneva, New York, Tokyo and Singapore, what is the question? International cities? Fashion hot spots? Location of Manchester United supporters’ clubs? It may well be the answer to all three questions (although I confess that I have not actually checked the Manchester United one), but they are also the…

Arbitration, Arbitration Agreements, Asia-Pacific, Dispute resolution clause, Enforcement of an arbitration clause, LCIA Arbitration, Singapore International Arbitration Centre

(Norton Rose Fulbright)/ /Leave a comment
YSIAC

In International Research Corp PLC v Lufthansa Systems Asia Pacific Pte Ltd [2012] SGHC 226 (per Chan Seng Onn J) (“International Research”), the Singapore High Court addressed the issue of whether an arbitration clause contained in one contract between two parties binds a third party who subsequently enters into a supplemental agreement with the original…

Arbitral Tribunal, Arbitration, Arbitration Awards, Arbitration Proceedings, Arbitrator Challenges, Arbitrators, arbitrators’ conduct, Confidentiality, Conflicts of interest, Costs, Costs in arbitral proceedings, Damages, Disclosure, Dispute Resolution, Enforcement, Investment

(University of Portsmouth)/ /1 Comment
Institute for Transnational Arbitration (ITA)

As its Council Member I attended the ICC Institute of World Business Law’s 32nd annual meeting on ‘Third-Party Funding in International Arbitration’ held in Paris on 26 November 2012. It was a grand success as it drew many professionals, arbitrators, experts, academic specialists and, above all, representatives from some major third-party funding bodies such as…

Arbitration, Asia-Pacific, Domestic Courts, Domestic law, Enforcement, Set aside an arbitral award, Set aside an international arbitral award, Uncategorized

(Chapman Tripp)/ /2 Comments

Arbitration is underpinned by natural justice. Article 18 of the Model Law, enshrining the right of the parties to be treated with equality, and given a full opportunity to present their case, was described by UNCITRAL in 1985 as the “Magna Carta of Arbitral Procedure”. Yet the Model Law does not in Articles 34 and…

Arbitration, BIT, Damages, ICSID Convention, International arbitration, International Law, Latin America, Manifest disregard of the law

(New York Law School)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

By Tai-Heng Cheng* & Lucas Bento** Introduction On October 5th, 2012, a split ICSID tribunal determined that the Republic of Ecuador had breached the US-Ecuador bilateral investment treaty (“BIT”), and awarded damages of US$1.77 billion (US$2.3 billion with interest applied), reportedly the largest award ever to have been issued by an ICSID tribunal. This award…

Arbitration, Arbitration Awards, Arbitration clause, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, Corporate Counsel's view, Domestic law, English Law, Expedited arbitration, ICC Arbitration, ICSID Convention, International arbitration, Investment Arbitration, LCIA Arbitration, New York Convention

(Conway & Partners)/ /Leave a comment

There are many clients who are often engaged in industrious works that result in disputes. Typically, the applicable arbitral agreements requirement submitting claims to international arbitration and, in this author’s opinion, appropriately so. However, these same clients may also be subject to frequent claim assertions that lack any true merit. Despite this, there is not…