New International Commercial Mediation Rules in Japan
…be able to point to the artificial nature of the ‘arbitration award’ given that the New York Convention clearly anticipates that there would be an actual arbitration. That said, consent…
Search Results for: efficient arbitration
Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration
Award under expedited arbitration rules examined by the Swiss Supreme Court
…often hear that one of the answers may be fast track / expedited / accelerated arbitration, i.e. one of two options: a more efficient case management under standard arbitration rules,…
Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Commercial Arbitration, Investment Arbitration
Are Unilateral Appointments Defensible?
…in International Commercial Arbitration: the Good, the Bad and the Ugly,” 2003 Freshfields Lecture, 20 Arbitration International 223 (2004); Eduardo Silva Romero, “Brèves observations sur l’opinion dissidente,” Les arbitres internationaux…
Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, Domestic Courts, North America
Update on Restatement Project
George Bermann, the ALI Reporter for the Restatement (Third) on the U.S. Law of International Commercial Arbitration, presented a wonderful summary of the current progress on the Restatement at the…
Arbitrators, Commercial Arbitration, Investment Arbitration, National Arbitration Laws, North America
Confusion in Disclosure Guidelines for Arbitrators?
…disclosure guidelines and checklist for arbitrators proposed by the Disclosure Subcommittee of the Arbitration Committee of the ABA’s Dispute Resolution Section. Over the last two years the Subcommittee has released…
Can evicted aid groups sue Sudan for breach of investment treaties?
In recent weeks, there has been widespread condemnation of the Sudanese government’s decision to expel 13 international aid agencies operating in Darfur. The expulsions came, of course, as retaliation for…
Pitfalls in proceedings to set aside an arbitral award in Switzerland
In a recent decision of 22 January 2009 (4A_424/2008), the Swiss Federal Supreme Court had to consider an appeal against a decision of the Court of Arbitration for Sport (CAS)….
Arbitration Institutions and Rules, Arbitration Proceedings, Commercial Arbitration, International Courts, Middle East
Ups and Downs In Institutional Arbitration
“…so many construction disputes are now heading towards arbitration” remarks the calling notice for the next Society of Construction Law-Gulf event in Dubai in April. Around the world, the economic…
English court sets aside an award on the basis of serious irregularity, but confirms the doctrine has limited scope
…award in order to protect parties against the unfair conduct of an arbitration. However, the case also demonstrates that the applicable test (i.e. a serious irregularity in the conduct of…
Jura Novit Curia? The Arbitrator’s Discretion in the Application of the Governing Law
I. Introduction On 9 February 2009 the Swiss Federal Tribunal (FT) quashed a Court of Arbitration for Sport (CAS) award (Case reference 4A_400/2008). Annulment of an award is a rare…
Arbitration of International Financial Disputes
…and do not involve complex legal questions or fact finding, with the latter more suited for arbitration; (ii) arbitration does not provide for the possibility of default judgments or summary…
Arbitration Institutions and Rules, Arbitrators, International Legal Theory and Teaching, Legal Practice
Arbitration Conference Fatigue
One of the defining features of the international arbitration community is the plethora of international arbitration conferences. Every month the calendar is full of opportunities to travel the world to…
A Ghost Laid to Rest?
…that a subsidiary claiming the benefit of an arbitration agreement to which it was not a party was entitled to a stay of court proceedings in favour of arbitration. The…
Swiss Federal Tribunal applies Article 186 (1bis) of the Swiss Private International Law Act in a case involving parallel proceedings before two arbitral tribunals
…arbitration, thus requiring an arbitral tribunal in Switzerland to stay arbitration proceedings during the pendency of an action filed earlier in a foreign court if the foreign court is expected…
Non-Party Discovery in International Arbitration
…their arbitration. Unlike the FAA, some state arbitration laws provide for broad discovery over non-parties. See, e.g., Florida Stat. § 684.15 (“The arbitral tribunal may issue subpoenas or other demands…
The Softwood Lumber Arbitration and Retrospective Trade Remedies
…interesting in many respects. Most obviously, it is a state-to-state dispute adjudicated under the auspices of the LCIA, more commonly used for commercial arbitration. This is in part a result…
Manifest Disregard After Hall Street
…regarding arbitration. The Hall Street decision held that the Federal Arbitration Act (“FAA”) did not permit parties contractually to expand the grounds for vacating or modifying an arbitral award. In…
Arbitrators: judges or not? An EC approach…
…In general, arbitration fulfils these criteria. Arbitration is provided for by law. Moreover, due process is fully respected. Additionally, rules of law are applied. Therefore the first, third and fourth…
Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Europe, New York Convention, North America
Are CAS Arbitrations Governed by the New York Convention?
Last week I attended a wonderful conference at Pepperdine Law School on international sports arbitrations administered by the Court of Arbitration for Sport (CAS). It is a remarkably sophisticated regime…
Will ECJ look at intra-EU bilateral investment treaties next?
…settlement mechanism (arbitration) denied to other EU counterparts. Certainly, these intra-EU treaties are giving rise to an unclear – but sizable – number of intra-EU investor state arbitrations in recent…
The Future of Interim Relief in International Disputes
…of recent developments in international investment arbitration, including the dispute between Exxon-Mobil and Venezuela in which Exxon obtained far-reaching freezing orders in aid of arbitration, investor-State arbitration is increasingly seen…
Preliminary Draft Produced of Restatement of International Commercial Arbitration
Last week the ALI Reporters held an invitation-only meeting in New York with arbitration luminaries to discuss the first draft of the first-ever “Restatement of the U.S. Law of International…
Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, Enforcement, Investment Arbitration, South America
Scorecard of Investment Treaty Cases Against Argentina Since 2001
In light of interest in the international arbitration community concerning investment treaty cases against Argentina since the 2001 economic crisis, we thought it could be useful to share Freshfields’ working…
ICSID’s New Secretary-General
…new arbitration lawyers. Added to her formidable arbitration responsibilities Ms. Kinnear has also been in charge of coordinating Canada’s cases – both defensive and offensive – at the World Trade…