International arbitration

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…

Annulment, Appointment of arbitrators, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, arbitrators’ conduct, Bias, International arbitration

(White & Case LLP)/ /Leave a comment
White & Case

CIETAC’s Vice Chairman and Secretary General recently announced at a conference in London that CIETAC may soon permit parties to select arbitrators from outside the CIETAC list. As the CIETAC Rules currently allow parties to appoint off-list only if they have agreed to do so, this announcement suggests that CIETAC may in the future allow…

Arbitral seat, Arbitration, Arbitration Act, Asia-Pacific, Confidentiality, Enforcement, International arbitration, kompetenz-kompetenz, Mediation, National Arbitration Laws, New York Convention, Seat of the arbitration, UNCITRAL Model Law

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

The new Hong Kong Arbitration Ordinance (Cap. 609) (the “Ordinance”) comes into effect today, having been approved by the Hong Kong Legislative Council at the end of last year. The Ordinance represents the culmination of many years of discussion and consultation and marks a significant milestone in the development of Hong Kong as a world-class…

International arbitration, Lawyers and Psychologists, Memory and illusions

(Washington and Lee University School of Law)/ /2 Comments
Institute for Transnational Arbitration (ITA)

In The Invisible Gorilla, Christopher Chabris and Daniel Simons explore a classic experiment that won them an Ig Nobel Prize (2004). Their research considers how our own perceptions and memories can fool us into thinking something is true (when it is false) or lead us to miss things that are far more profound. This research…

Arbitration, International arbitration

(J. Sagar Associates)/ /2 Comments

Such a makeover will certainly not be achieved in sixty minutes. Sixty days will not nearly be enough. One would not, however, have to be too audacious to hope that India can reinvent itself as an arbitration-friendly part of the world in sixty months. From its early years as a newly independent, fledgling democracy, India…

International arbitration, New York Convention, North America, United States

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /3 Comments
WilmerHale

The recent decision of the New York Supreme Court, Appellate Division (an intermediate state appellate court) in Sojitz Corp. v. Prithvi Information Solutions Ltd., 2011 N.Y. Slip Op. 1741; 2011 N.Y. App. Div. LEXIS 1709, bolsters New York’s reputation as a jurisdiction friendly to international arbitration. In this case, which involved two non-U.S. parties in…

Inter-American Conventions, International arbitration, Investment Arbitration, Investment protection, South America

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

On 11 March 2011, the UNASUR treaty entered into force. UNASUR (the Union of South American Nations) is a regional organisation that comprises all twelve South American countries: Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Suriname, Uruguay and Venezuela. The entry into force of the treaty is an important development for the international arbitration community given some of the proposals that UNASUR is advancing, particularly in the field of investor-State arbitration.

Anti-arbitration, Arbitration Agreements, Corporate Counsel's view, Costs, International arbitration

(MDisputes)/ /3 Comments

Dear Counsel, Thank you for taking the time to present your firm’s international arbitration practice, and also for the copies of the brochure and monthly newsletter. The many recent wins by your firm and the published articles demonstrate convincingly that you are quality professionals with a high-standing in the community. I’m certain it was not…

Anti-arbitration, Appointment of arbitrators, Arbitral seat, Arbitration Agreements, Arbitration clause, Arbitration Proceedings, Dispute resolution clause, International arbitration

(MDisputes)/ /4 Comments

The Arab Spring transforming the societies of the Middle East has raised more than a few questions among us in-house folk about what this will mean for dispute resolution in the region. Will civil institutions, in particular the courts, be a reliable mechanism in the coming years for upholding contractual rights, including agreements to arbitrate…

Arbitral seat, Arbitration, Arbitration Act, Arbitration Agreements, Arbitration Awards, Commercial Arbitration, Disclosure, International arbitration, National Arbitration Laws, Seat of the arbitration

(White & Case LLP)/ /1 Comment
White & Case

Clear tendencies towards an arbitration-friendly approach have been demonstrated by the Swedish Supreme Court during the latter part of 2010. During this term the Supreme Court has repeatedly taken an arbitration-friendly stance and emphasized that Swedish arbitration law and practice ought to be in line with international best practice in arbitration. Sweden has a long-standing…

Arbitration, Arbitration Act, Commercial Arbitration, Europe, International arbitration, Legislation, National Arbitration Laws

(White & Case LLP)/ /Leave a comment
White & Case

The new French arbitration law, published on 14 January 2011, further reinforces Paris’ position as a leading arbitration centre. The new law, which comes thirty years after the previous 1980 law regarding domestic arbitration and the 1981 law dealing with international arbitration, maintains the distinction between domestic and international arbitration. It clarifies and enhances an…

Anti-arbitration, Arbitration, International arbitration

(MDisputes)/ /Leave a comment

The goal had seemed an impossible one for many years. And then, recently, a tribunal in Berlin came close to breaking the famed barrier. Their noble effort was thwarted only by the Teutonic lapse of the chair who, on the verge of declaring the proceedings closed at 4 minutes and 43 seconds, spontaneously suggested terms…

International arbitration

(Essex Court Chambers)/ /5 Comments
Institute for Transnational Arbitration (ITA)

During the last quarter of 2010 the German Arbitration Institution (‘DIS’) and the Chartered Institute of Arbitrators (‘CIAarb’) held a conference in Frankfurt to debate the relative merits of the ways in which civil law/common law court procedures are adopted or adapted for use in international arbitrations. One of the more interesting sessions was devoted…

International arbitration

(Notre Dame Law School)/ /Leave a comment

I received this notice from my friend Gary Born and thought it worth sharing. Sounds like a wonderful opportunity for any academic interested in international arbitration. My Pepperdine colleague Tom Stipanowich was the resident scholar last semester, and he could not say enough about the experience. Here’s the formal announcement: The International Arbitration Group at…

Africa, Asia-Pacific, BIT, Canada, Energy Charter Treaty, Europe, International arbitration, International Law, Investment agreements, Investment Arbitration, Investment protection, NAFTA, North America, Russia, Set aside an arbitral award, Set aside an international arbitral award, South America

(Investment Arbitration Reporter)/ /Leave a comment

Last year, around this time, I offered a list of 10 investor-state arbitral awards I hoped to see in 2010. If time permits, I may do another list for 2011. But, first I thought I’d take a look back at last year’s list and offer a brief update on those cases. Rather, than do all…

Arbitration Institutions and Rules, International arbitration

(Conway & Partners)/ /Leave a comment

Another arbitral center may be opening its doors soon, but this one intends to be global and to focus exclusively on complex financial disputes, including the over-the-counter derivatives market. The World Legal Forum, a non-profit organization located in The Netherlands worked with varying other groups to create this idea. On October 25, 2010, at the…

Hearings, International arbitration

(Investment Arbitration Reporter)/ /1 Comment

I spent some time earlier this month covering the Chevron-Ecuador hearings that took place in the Federal District Court in New York City. Much has been written about the outcome of those proceedings – and the denial of a request by Ecuador for an injunction against a bilateral investment treaty arbitration started some months ago…

International arbitration, Settlement

(von Segesser Law Offices)/ /1 Comment

In international arbitration proceedings in Continental Europe, particularly in Germany but also in Switzerland and other countries, it has become increasingly popular for arbitral tribunals to get involved and even take active steps in facilitating a settlement between the parties during the course of a pending arbitration. This raises a number of issues, and parties…