Arbitration Act, Arbitration Agreements, Arbitration clause, BIT, Confidentiality, Dispute resolution clause, Investment Arbitration

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

In a judgment dated 25 April 2012 (Lombard North Central plc and another v GATX Corporation [2012] EWHC 1067 (Comm)), Judge Andrew Smith of the English High Court (Commercial Court) underlined the potential risks that might arise from arbitration clauses which have a limited scope. Although this judgment is relevant to a number of different…

Arbitration Act, Arbitration Proceedings, English Law

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

A recent decision of the English Commercial Court (Lombard North Central plc & Anor v GATX Corporation [2012] EWHC 1067 (Comm)) has provided some insight and clarification into how the English courts will interpret and implement Section 9(1) of the Arbitration Act 1996. Section 9 is how English law has complied with Article II(3) of…

Arbitration Agreements, Enforcement

(Norton Rose Fulbright)/ /Leave a comment
YSIAC

A party who wishes to circumvent an arbitration agreement may sometimes proceed to obtain default judgment from a friendly court and then seek to enforce that judgment, under the common law, as a debt in the courts of the country where the counterparty is located. A recent Singapore decision, Giant Light Metal Technology (Kunshan) Co…

Arbitration, Investment Arbitration, Latin America

(Von Wobeser y Sierra, S.C.)/ /4 Comments

For almost 20 years, Mexico has been at the forefront of Latin-American arbitration practice. It has been widely recognized both in terms of the quality and sophistication of its practitioners, its modern legal framework (since 1993 based on the UNCITRAL Model Law on International Commercial Arbitration) and for its arbitration friendly judiciary. According to statistics…

Confidentiality

(Conway & Partners)/ /Leave a comment

Over the years, many arguments have been made for what are truly the benefits of international arbitration over local litigation. There are many factors that are listed and ensuing arguments over their continued veracity. Complaints are launched about whether such factors truly remain a benefit (the largest and most obvious one which comes to mind…

Investment agreements, Investment Arbitration, Investment protection

(Investment Arbitration Reporter)/ /2 Comments

This week, Spanish energy firm Repsol put Argentina on notice of an arbitration claim under the Spain-Argentina bilateral investment treaty. The development comes as no surprise, as Repsol had been threatening for some weeks to take such a course if Argentina persisted in nationalizing the bulk of Repsol’s 57% stake in the Argentine firm YPF….

Arbitration Agreements, Middle East

(Baker & McKenzie)/ /Leave a comment

On 6 March 2012, Justice Sir David Steel of the Court of First Instance of the Dubai International Financial Centre – DIFC – rendered a decision refusing to grant a stay of the proceedings, and ignoring an option in the underlying contract to opt out of the Court’s jurisdiction by referring to LCIA arbitration. In…

Arbitration Proceedings, Commercial Arbitration, Investment Arbitration, Section 1782 Discovery

(Notre Dame Law School)/ /2 Comments

When is an arbitral panel an international tribunal for purposes of Section 1782? Section 1782, of course, is the U.S. statute that authorizes federal courts to order discovery in aid of proceedings before foreign courts and international tribunals. As discussed in a forthcoming article in the Virginia Journal of International Law entitled, Ancillary Discovery to…

Arbitration clause, Damages, Europe, Jurisdiction

(Linklaters)/ /Leave a comment

This post follows on from the highly informative Kluwer Arbitration Blog post by Elizabeth Kantor, “The ‘West Tankers’ Saga Continues: Can Damages Compensate for Breach of an Arbitration Clause?” Whilst that focussed principally on the implications for, and efficacy of, the type of award in issue the purpose this post is, in contrast, to look…

Arbitration clause, Damages, Europe, Jurisdiction

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

In the most recent of a long-running series of decisions in the West Tankers saga, the English court has found that the majority of the tribunal was wrong to decline jurisdiction to award equitable damages or to declare a party liable to indemnify the other as a result of the breach of an arbitration clause….

BIT, Commercial Arbitration, International Law, Investment agreements, Investment Arbitration, Investment protection

(University of Portsmouth)/ /10 Comments
Institute for Transnational Arbitration (ITA)

The concept of good faith has been a subject of perennial controversy since it was derived from the Roman legal equivalent ‘bonas fides’. Juristic views on and the legal conceptualization of the idea of good faith may often vary across the cultural divides and legal traditions. At a higher level of abstraction there may be…

Asia-Pacific, Commercial Arbitration

(Peter & Kim)/ /1 Comment
Bae, Kim & Lee LLC

In recent years, Korea has become an object of some attention in the international arbitration field. But less than 15 years ago, there was no “arbitration field” in Korea to speak of. I, myself, was a maritime lawyer and it was only a twist of fate – the request of a client – that put…

Arbitration Institutions and Rules, Enforcement, New York Convention

(Linklaters)/ /1 Comment

A recent administrative event in Delhi may have profound implications for the ongoing rivalry between Singapore and Hong Kong as Asia’s arbitration hubs of choice. On 19 March 2012 India confirmed that it will add the Peoples’ Republic of China (including the Special Administrative Regions of Hong Kong and Macao) to the list of so-called…

arbitrators’ conduct, Conflicts of interest

(Independent Arbitrator)/ /1 Comment

Section 3.3.6 of the IBA Guidelines on Conflicts of Interest in International Arbitration advise that when a “close personal friendship exists between an arbitrator and counsel of one party, as demonstrated by the fact that the arbitrator and the counsel regularly spend considerable time together unrelated to professional work commitments or the activities of professional…

BIT, Umbrella clause

(Norton Rose Fulbright)/ /Leave a comment
YSIAC

In a recent award that arguably represents a high-water mark for the operation of an umbrella clause in ICSID jurisprudence thus far, a tribunal comprising Stanimir A. Alexandrov (as President), Donald Francis Donovan and Pablo Garcia Mexia held Paraguay liable to SGS Société Générale de Surveillance S.A. (“SGS”) for failing to pay for services rendered….

Arbitration, Disclosure, Third party funding

(Conway & Partners)/ /Leave a comment

A central concern the in the third party funding arena is: Whether or not parties who are funded by a third party funder should be obligated to disclose this funding relationship. Looking at a recent conference in which many key funders participated on sharing their perspectives, it appears that many funders preferred to keep their…

BIT, Energy Charter Treaty, Investment, Investment agreements, Investment protection

(Stockholm University)/ /Leave a comment

The notion of ‘investment’ has been one of the most controversial issues in arbitral proceedings instituted under the ICSID Convention. The award rendered by the UNCITRAL arbitral tribunal in Romak v. Uzbekistan has brought the issue outside of the ICSID context and concluded that, despite the broad definitions of ‘investment’ in Bilateral Investment Treaties (BITs),…

Appointment of arbitrators, Arbitral seat, Arbitration Institutions and Rules, Arbitrators, Efficiency, International arbitration, Mediation, Seat of the arbitration

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

The China International Economic and Trade Arbitration Commission (“CIETAC“) has recently published its revised Arbitration Rules, which will come into force on 1 May 2012 (the “2012 Rules“). This is the seventh revision of the CIETAC Rules since they were first published in 1956. Whilst the majority of the changes in the 2012 Rules are…

Arbitration Institutions and Rules

(Notre Dame Law School)/ /Leave a comment

As many of you know, I am the General Editor of the ITA Arbitration Report of KluwerArbitration.com database, the primary online research portal for international arbitration practitioners. On behalf of the folks at Kluwer and the Institute for Transnational Arbitration, I am happy to announce an opening for the position of Managing Editor for the…

Actual expenditure, Arbitration, Damages, Damages experts, Fair market value, Historic costs

(FTI Forensic and Litigation Consulting)/ /1 Comment

This is the third and final article in a three-part series summarising the main valuation methodologies used for the purposes of determining economic loss. In parts one and two, I provided an overview of the market-approach and income-based methodologies. I now conclude by reviewing the asset-based approach. To what extent, if any, is the sum…

Arbitration Act, International arbitration, Jurisdiction of the arbitral tribunal

(Norton Rose Fulbright)/ /Leave a comment
YSIAC

Following a previous round of amendments in 2009 that came into effect on 1 January 2010, the Singapore Ministry of Law published further proposed amendments to Singapore’s International Arbitration Act (“the IAA”) on 8 March 2012. The proposals took into account views garnered from a public consultation process. There are four key proposals in this…

Annulment, International arbitration, Public Policy, Sport arbitration, Supreme Court, Switzerland

(von Segesser Law Offices)/ /Leave a comment

With its decision of 27 March 2012, the Swiss Federal Supreme Court held unlawful a disciplinary sanction by which FIFA threatened the football player Matuzalem with a lifetime ban in case he failed to pay a damage claim of his former club and employer. By an earlier decision of the CAS, Francelino da Silva Matuzalem,…

Arbitration Institutions and Rules, Middle East

(Notre Dame Law School)/ /1 Comment

Last week I had the good fortune to attend a reception in Washington D.C. with various arbitration luminaries announcing the inauguration of the Jerusalem Arbitration Center. With almost $5 billion in annual trade between Palestine and Israel, it is imperative to establish a neutral forum for resolving business disputes. JAC is established under the auspices…

Arbitration Institutions and Rules, Arbitration Proceedings, ICSID Convention, International arbitration, International Courts, International Law, NAFTA

(Richmond School of Law)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

The Rules, Practice, and Jurisprudence of International Courts and Tribunals (Martinus Nijhoff Publishers, 2012) has just shipped. I am the (proud) editor and a contributor of the book and am delighted to have the opportunity to bring it to the attention of this group. I think it will be of special interest to arbitration practitioners….