On 28 September 2022, the French Cour de cassation upheld the French Court of Appeal’s decision in Kabab-Ji SAL v. Kout Food Group that the law of the seat, rather than the law governing the underlying contract, governed...more
In a decision with global arbitral significance, the U.S. Supreme Court has now clarified that § 1782 discovery is not available in support of foreign private international arbitration proceedings. Parties subject to U.S....more
6/15/2022
/ 28 U.S.C. § 1782 ,
Arbitration ,
Business Disputes ,
Commercial Arbitration ,
Discovery ,
Document Productions ,
Foreign Jurisdictions ,
Foreign Tribunals ,
International Arbitration ,
International Litigation ,
Litigation Strategies ,
SCOTUS
Parties to complex international arbitrations should take note. It is critically important to ensure that requests for relief in the written phases of the proceedings accurately capture all relief being sought. Late or...more
In a Judgement handed down on 27 October 20211, the UK Supreme Court upheld the English Court of Appeal finding in Kabab-Ji SAL v. Kout Food Group of 20 January 2020 that English law as the law governing the relevant...more
Economic uncertainty around raw materials and shifts in post-pandemic planning has created tangible tensions surrounding international construction and infrastructure “mega projects”. There is a new focus on investment...more
On-Demand Bonds or Guarantees are preferred relative to “see to it” Bonds or Guarantees. This is because under On-Demand Bonds the obligation to pay arises through a demand being made under the Bond whereas under a “see to...more
Sir Rupert Jackson sitting in the Court of Appeal had found that the liquidated damages clause providing for liquidated damages to be paid for each day of delay by the contractor “from the due date for delivery up to the date...more
FIDIC (“International Federation of Consulting Engineers”) Contracts do not exclude a right to time and money if the Employer or Engineer instructs a Variation only orally. The FIDIC Red Book for example at Clause 3.3 allows...more
The Fundamental Problem -
International arbitration is facing continued (if not increased) problems stemming from multitier arbitration clauses. What should happen when one party has not complied with a pre-arbitral step...more
On December 7, 2020, parties and practitioners in international commercial arbitration came one step closer to resolving the threshold question of the applicability of 28 U.S.C. § 1782 to international commercial tribunals....more
Last month, the Singapore International Arbitration Centre (SIAC) started a review and revision of its 2016 Rules (the “2020 Review”). The 2016 Rules introduced a number of novel provisions to address “early dismissal of...more
8/6/2020
/ Arbitration ,
Arbitration Awards ,
Arbitrators ,
Conflicts of Interest ,
Cybersecurity ,
Data Privacy ,
Disclosure Requirements ,
Dismissals ,
Emergency Arbitration Provisions ,
International Arbitration ,
Sanctions ,
SIAC ,
Singapore
If there is no express law of the arbitration agreement, the law with which that agreement has its closest and most real connection is either the law of the underlying contract or the law of the seat of the arbitration. In...more
In Leonardo S.p.A v. Doha Bank Assurance Company LLC1 the Appellate Division of the Qatar Financial Centre in a Judgement handed down by Lord Thomas of Cwmgiedd, Justice Chelva Rajah SC and Justice Ali Malek QC stressed the...more
If there is no express law of the arbitration agreement, the law with which that agreement has its closest and most real connection is either the law of the underlying contract or the law of the seat of the arbitration. The...more
Where London is the Seat those involved in international arbitration ought to know that challenges under Section 68 of the Arbitration Act 1996, (the “Act”) require highly exceptional conditions. We say this because Section...more
International construction arbitration welcomes FIDIC's latest standard form contract: the “Emerald Book”. Known more formally as Conditions of Contract for Underground Works the contract is designed to address issues that...more
• The International Court of Arbitration (the “Court”) of the ICC has published a Note to Parties and Arbitral Tribunals on the conduct of the arbitration under the ICC Rules of Arbitration (the “Note” or the “2019 Note”)...more
2/22/2019
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Commercial Arbitration ,
Data Protection ,
Disclosure Requirements ,
Duty to Disclose ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
Investor-State Arbitration ,
Transparency ,
Tribunals
• The current reform of the ICSID Rules, launched in October 2016, is the most far-reaching amendment process in over 50 years.
• The reform aims at modernizing and simplifying the Rules, enhancing the balance between...more
12/10/2018
/ Arbitration ,
Arbitration Awards ,
Arbitrators ,
Bifurcation ,
Comment Period ,
Electronic Filing ,
ICSID ,
Investors ,
Member State ,
Proposed Rules ,
Public Comment ,
Third Party Funding ,
Transparency
In Katz v. Cellco Partnership (July 28, 2015), the U.S. Court of Appeals for the 2nd Circuit this summer clarified that district courts do not have discretion to dismiss a case that has been referred to arbitration. Instead,...more
In the past three years, the number of claims filed by renewable energy investors under the Energy Charter Treaty (ECT) has risen significantly. In particular, Spain, who had been the subject of only a handful of...more