Alternative Dispute Resolution (ADR) International Trade

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Arbitral Awards Based on Penalty Clauses: Enforceable?

A recent English High Court decision suggests that some such awards may be enforceable notwithstanding the rule against penalties. In Pencil Hill Limited v US Citta di Palermo S.p.A., the English High Court enforced an...more

[Event] International Arbitration Boot Camp: Do You Want Someone Else to Pay Your Legal Fees? It's Possible–Third-Party Funding of...

Third-Party Funding of International Arbitration and Litigation will explore what to expect when involving third parties (e.g., investment firms) to fund your litigation or arbitration....more

Orrick's Financial Industry Week in Review

Financial Industry Developments - FHFA, Fannie Mae and Freddie Mac Announce Independent Dispute Resolution Program - On February 2, the Federal Housing Finance Agency (the "FHFA") announced that Fannie Mae and...more

Reform Of The Arbitration Law In Myanmar - The Wait Is Over

On 5 January 2016, the Parliament of Myanmar passed its new and much awaited Arbitration Law. This Arbitration Law follows and gives effect to Myanmar’s ratification of the New York Convention in April 2013. One of the...more

Your daily dose of financial news The Brief – 2.5.16

Jobs report Friday again. Here are the 5 Things the Journal told you to watch – WSJ (and NYTimes)... The Upshot’s not saying that a 2016 recession is inevitable, but if it does happen, this may be the path that takes us...more

Top 2016 Litigation Issues Facing the Auto Supply Chain

Nobody likes a fight. Well, almost nobody. Trial lawyers, boxers, and MMA fighters might be the only ones. But, in business, the occasional fight is pretty much inevitable. What fights do we foresee for those in the auto...more

The Long and Winding Road of Arbitration in India - Examining 20 Years of the Indian Arbitration and Conciliation Act of 1996

India cannot sustain its quest for global credibility and endeavor to be an attractive destination for foreign investment if it is believed to be an unreliable venue for enforcing foreign arbitration awards. Many...more

Drafting Arbitration Clauses in Chinese/American Commercial Contracts for Arbitration in China

American companies doing business with Chinese companies in China are often concerned about the credibility, neutrality and quality of the arbitration institutions in China. As a result, American companies generally try to...more

"The Trans-Pacific Partnership and What It Means for Pre-Existing Treaties"

On November 5, 2015, after seven years of high-stakes negotiations, the Office of the United States Trade Representative released the draft Trans-Pacific Partnership (TPP), a proposed free trade agreement among the United...more

Tokyo Dispute Resolution & Crisis Management Newsletter – January 2016

Middle Eastern Disputes: Top 10 Tips for In-House Counsel - The lowdown on what every in-house counsel should bear in mind with regard to arbitration proceedings in the UAE. We set out our list of the top 10...more

"Expropriation Damages in Cases Involving Investment Treaties"

Most investment treaties assure investors that, in the event of expropriation, they will receive compensation based on the market value of the enterprise at the time of seizure (excluding the negative valuation effects of any...more

"Challenging the Selection of Party-Appointed Arbitrators"

As arbitration continues to be widely utilized in international commerce, the issue of how arbitrators should handle conflict checks, and who is suitable for appointment as arbitrator in complex cases, will remain a vital...more

"Key Takeaways: Back to Basics - A Primer on the Differences Between Litigating and Arbitrating International Disputes"

Large, transnational corporations increasingly face the question of whether to litigate their disputes in local courts or to include in their agreements provisions providing for the resolution of disputes by alternative means...more

Indian Parliament Enacts Revisions to the 1996 Arbitration Act

On 11 December 2015, we provided a summary of revisions to the 1996 Indian Arbitration and Conciliation Act (the “Act”) made by the President of India through the 2015 Arbitration and Conciliation (Amendment) Ordinance that...more

Intellectual Property and Technology News: Selling Online into the EU? New Obligation to Link to Dispute Resolution Platform

A European Online Dispute Resolution (ODR) Platform has been put in place by the European Commission from 9 January 2016. The Platform is intended to be used by online shops and consumers for settling their disputes....more

NAFTA Chapter Eleven: Can Trans-Canada Break the U.S. Shutout?

US investors have successfully used investor-state arbitration under the NAFTA when they have thought themselves wronged by the actions of governments in Canada or Mexico. But the United States itself has never lost a NAFTA...more

Commercial Division Rules Revamp Encourages International Arbitration Matters In The New York County Commercial Division

The Commercial Division Advisory Council continued its revamp of the Commercial Division Rules on October 14, 2015, when it implemented amendments to 22 NYCRR § 202.70(b) and (c). As we discussed in this blog when the...more

International Arbitration Newsletter - January 2016

UNCITRAL’s Rules on Transparency in Treaty-based Investor-State Arbitration (the Transparency Rules) present challenges to manage the costs of compliance while avoiding the consequences of non-compliance. Transparency in...more

New York Adopts Rules Permitting Practice of Law by Foreign-Admitted In-House Counsel and Attorneys Temporarily in New York

Effective December 30, 2015, in-house lawyers working in New York who are only admitted to practice outside the United States are no longer limited to serving as foreign law advisors, but registration is required within 90...more

Russian 'Corporate Raid' to be Dealt with by English Arbitral Tribunal

Egiazaryan and Gogokhiya v OJSC OEK Finance and The City of Moscow [2015] EWHC 3532 (Comm) - The Arbitration Act 1996 allows a party to an arbitration with an English seat to appeal a decision on jurisdiction made by the...more

Freezing Injunctions In Support Of International Arbitration – The Role Of The English Courts

Arbitration is based on consent. An arbitral tribunal derives its powers from an agreement between the parties. Tribunals also take time to form and their orders are not binding upon third parties. Whilst this grants...more

December 2015: International Arbitration Update

Increasing Trend of Requiring Disclosure of Litigation Funding Agreements in International Arbitration. Third-party funding of litigation is a fast- growing industry, and funders have become increasingly active in funding...more

Ninth Circuit Allows Racketeering Claim To Proceed Following Arbitration

Earlier this month, the U.S. Court of Appeals for the Ninth Circuit reversed summary judgment in favor of defendants who faced a RICO suit following resolution of arbitration with the plaintiffs. The case involved a dispute...more

DBIS submits second ADR amendment regulations

DBIS has published the Alternative Dispute Resolution (ADR) for Consumer Disputes (Amendment) (No 2) Regulations 2015. The change takes effect on 9 January 2016 and requires a competent authority, ADR applicant and ADR entity...more

State Statute Of Limitations For Recognition Of Foreign Judgments Held Not Preempted By FAA

National Aluminum Co., Ltd. (“NALCO”) prevailed in arbitration held in India against Peak Chemical Corp. in 2005. Ultimately, the award was affirmed on appeal by an Indian court in February 2012. When earlier this year, NALCO...more

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