Enforcement of an arbitration clause

Arbitration, Competition Law, Enforcement of an arbitration clause, Jurisdiction, Public Policy

(Baker & McKenzie)/ /1 Comment
YIAG

A commentary on the OECD Competition Commission conclusions on using arbitration to effectively resolve competition law disputes By Francesca Richmond and Sarah West There has been increasing use of arbitration to resolve disputes involving competition law issues in recent years. However, it is surprising that the number is not even greater given that arbitral processes…

Anti-suit injunction, Arbitration, Arbitration Act, Commercial Arbitration, Enforcement of an arbitration clause, International arbitration, Jurisdiction

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

The Court of Appeal of England and Wales ruled last month that where parties have entered into an arbitration agreement, one party can obtain an anti-suit injunction to prevent the other party from initiating proceedings in a foreign court, even where no arbitration is underway or indeed even contemplated. In AES Ust-Kamenogorsk Hydropower Plant LLP…

Appeal, Appointment of arbitrators, Arbitration, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitrators, Commercial Arbitration, Dispute resolution clause, Domestic Courts, Enforcement of an arbitration clause, English Law, ICC Arbitration, Nationality requirement in arbitration clauses, Supreme Court

(White & Case LLP)/ /2 Comments
White & Case

One of the key issues that now awaits the decision of the U.K. Supreme Court in Jivraj v. Hashwani is whether there is a contract between the parties and the arbitrators, such that the arbitrators may be considered “employees” of the parties (and thereby subject to the law prohibiting discrimination by employers)? If there is…

Arbitration, Arbitration Act, Canada, Consumer contracts, Enforcement of an arbitration clause, North America

(McGill University Faculty of Law)/ /2 Comments
Institute for Transnational Arbitration (ITA)

Anyone considering Canada as the seat of an arbitration or as one among several jurisdictions where recognition and enforcement proceedings could be commenced should pay close attention to the Supreme Court of Canada’s March 18 decision in Seidel v. TELUS Communications Inc., 2011 SCC 15, which appears to mark a philosophical shift in Canadian arbitration…

Arbitration Proceedings, Commercial Arbitration, Enforcement of an arbitration clause, National Arbitration Laws, United States

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

Recent legislative developments in Oklahoma, and a few other U.S. states, reflect a growing mistrust of international and foreign law and legal systems. These proposed statutes and constitutional amendments are one aspect of parochial backlash in the United States and elsewhere against developments in international law and dispute resolution over the past decades. There are…

Anti-suit injunction, Arbitration Proceedings, Enforcement of an arbitration clause, Europe

(Debevoise & Plimpton LLP)/ /Leave a comment
YIAG

Having had their wings clipped by the European Court of Justice in West Tankers, the English courts have recently confirmed that there is life in the anti-suit injunction yet. In AES UST-Kamenogorsk Hydropower Plant LLP v UST-Kamenogorsk Hydropower Plant JSC [2010] EWHC 772 (Comm), Burton J granted anti-suit relief to restrain litigation in Kazakhstan even…