Non-Party Discovery in International Arbitration
…in New York. Nonetheless, several questions remain. In Life Receivables Trust, 549 F.3d 210 (2d Cir. Nov. 25, 2008), the Second Circuit, which includes New York, considered whether federal law…
Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions
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?
…the New York Convention “to declare that it will apply the Convention only to differences arising out of legal relationships . . . which are considered as commercial under the…
Will ECJ look at intra-EU bilateral investment treaties next?
…Commission – which has long coveted the legal competence to negotiate investment agreements on behalf of EU member-states – has expressed annoyance with all of these intra-EU BITs. Various concerns…
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…
Review of Gary Born’s International Commercial Arbitration
…on the premise that the treatments of international commercial arbitration in different national legal systems are not diverse, unrelated phenomena, but rather form a common corpus of international arbitration law…
American Anti-Arbitration Legislation – A Threat?
…if so, what implications this would have for international commercial arbitration. The Arbitration Fairness Act of 2009 would amend the Federal Arbitration Act, 9 U.S.C. § 1 et seq., to…
Can an award be enforced in Switzerland while its execution is suspended at the foreign seat of arbitration?
…these proceedings. For Article V (1)(e) New York Convention to apply, the party who challenges an arbitral award is therefore well advised to request the court to order suspension of…
A human right to information about investment arbitration?
…under other procedural rules can go on under the radar. Lately, some recent investment treaties have introduced public disclosure obligations for parties involved in investor-state arbitration, but most treaties are…
Paris Court of Appeal Confirms Importance of Estoppel in International Arbitration
…a scheduled hearing during the arbitration proceedings. The claimant also argued that the arbitral tribunal had ruled on the defendant’s tortious claims in violation of the arbitration clause and the…
Born and Arbitral Awards
…preclusion in international arbitration, including principles of res judicata and collateral (or issue) estoppel. It also examines the application of lis pendens and stare decisis principles in international arbitration. The…
Arbitration Awards, Arbitration Institutions and Rules, Arbitrators, International Legal Theory and Teaching, Investment Arbitration
Legal Realism in International Arbitration
…quality of arbitration generally and individual arbitrators in particular. But there was no objective data from which to judge these impressions. Investment arbitration changed all that. The decisions are public…
Competition for the New York Convention?: The U.S. Signs The Hague Choice of Court Agreements Convention
…Hague Conference envisioned a more modest instrument, similar to the 1958 New York Convention on the recognition and enforcement of international arbitration agreements and the resulting arbitral awards, and ultimately…
Gary Born on the Role of Arbitrators
…legal systems impose various legal obligations on arbitrators. These include the duty to resolve the parties’ dispute in an adjudicatory manner, to conduct the arbitration in accordance with the parties’…
Book Discussion on Gary Born’s “International Commercial Arbitration”
Kluwer Arbitration Blog is pleased to announce a book discussion of Gary Born’s new book International Commercial Arbitration, which undoubtedly is one of the most important international arbitration books published…
Arbitration Institutions and Rules, Arbitration Proceedings, Domestic Courts, Enforcement, International Courts, International Legal Theory and Teaching, Investment Arbitration
Repudiation of International Arbitration Agreements and the Public Interest
…commercial arbitration? Reflections on the Benteler v. Belgium Award” Arbitration International, Vol. 2, No. 2 (1986) at 90). The Belgian government objected to arbitral jurisdiction on the grounds of an…
A complex matter: Bank guarantees and arbitration agreements
…assets of the bank in an amount equal to the guarantee. Eventually, Y. GmbH introduced arbitration proceedings against X A.S. under the arbitration clause of the construction contract. Bank guarantees…
International Commercial Arbitration
…the legal framework applicable to such agreements, the presumptive separability or autonomy of international arbitration agreements, the law governing international arbitration agreements, the substantive and formal rules of validity relating…
ECJ in West Tanker Shocker: London Anti-suit Injunctions Fall Foul of EC Law
…arbitration from its scope, the Court found that the Regulation applies to anti-suit injunctions granted to give effect to arbitration agreements. The Court first examined whether the proceedings sought to…