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Arbitration World

From the Editors - Welcome to this 33rd edition of Arbitration World. Following the United Kingdom’s referendum decision on 23 June to leave the EU, in this edition we examine how the uncertainty over the treatment...more

Singapore Legal Update - November/December 2016

Companies Act to Allow Re-domiciliation Into Singapore - On 26 October 2016, the MOF and the ACRA proposed to amend the Companies Act to allow for inward re-domiciliation of companies. This will allow a foreign company...more

Class Action Waivers in Employment Arbitration Agreements? Not as 'Fresh & Easy' as You Think

Many companies require their employees to sign employment agreements in which the employees agree that any claims they have against the company, including class action claims, will be decided only through private arbitration...more

New Test: Ontario Court Stayed Action in the Face of Broad Arbitration Agreement

In Haas v. Gunasekaram (Haas), the Court of Appeal for Ontario clarified the test for staying court proceedings under section 7(1) of the Ontario Arbitration Act and emphasized that courts should enforce arbitration...more

Russian arbitration reform

On 29 December 2015, the Russian President signed two laws – the Federal Law on Arbitration in the Russian Federation and Federal Law on Amendments to Certain Legislative Acts of the Russian Federation (together – the...more

Korea Quarterly - August 2016

Controlling Costs in International Arbitration - Arbitration is an efficient means for resolving business disputes because it offers more flexibility than court proceedings and enables the parties to choose arbitrators...more

Alberta Judge Finds Party in Contempt of Court, Ends Multi-Million Dollar Litigation Case

The Alberta Court of Queen’s Bench recently ended a complex, multi-million dollar litigation between Attila Dogan Construction and Installation Co. Inc. (AD) and AMEC Foster Wheeler Americas Limited (AMEC) regarding a...more

Restructuring business to take advantage of investment treaty – a cautionary tale

In Philip Morris Asia Ltd v The Commonwealth of Australia, PCA Case No. 2012-12, Award on Jurisdiction and Admissibility, an investment arbitration tribunal has found that the Philip Morris International group (PMI Group)...more

Fifth Circuit Rejects Misbehavior Challenge To Arbitration Award

Foundation Surgery Affiliate of Southwest Houston, LLC (“Southwest”), the owner of a surgical and imaging facility in Houston, entered into a purchase and sale agreement in 2008 with Rainier Capital Acquisitions, LP, which...more

Privacy Shield to Open for Business August 1

After more than two years of negotiations, on July 12, 2016, the European Commission formally adopted the EU-U.S. Privacy Shield (the “Privacy Shield”) framework as a valid mechanism for transfers of personal data from the EU...more

Investment Treaty Arbitration: How Multinational Food and Beverage Companies Can Avoid Litigation in Foreign Courts

Imagine a U.S.-based olive oil company that has established a subsidiary in Croatia — a Mediterranean country ideal for growing olives and processing their oil — for its supply and processing needs. Olive oil consumption has...more

Brexit: What You Need To Know - Litigation

As the intertwined laws of the UK and the EU are unravelled in the exit negotiations, changes to litigation seem inevitable. Contracts: At the moment the changes are unknown and in particular we do not know if any...more

Iran's World Court Case Against the United States May Impact Investment Arbitration

On June 14, 2016, the Islamic Republic of Iran sued the United States of America in the International Court of Justice (also known as the “World Court” or the “ICJ”) in the Hague, alleging that the U.S. government had...more

Brexit: Governing Law, Jurisdiction and Arbitration Clauses

On Thursday 23 June 2016, in a referendum on the UK’s continued membership of the EU, a majority of those polled voted to leave. As we commented in our note dated 24 June, the result “is expected to lead to a high degree of...more

Michigan Supreme Court Holds That Agency Principles Apply to Determining the Scope of an Arbitration Clause

It is well established that whether a particular dispute falls within the scope of an arbitration clause depends on the language of the parties’ agreement. In the recent case of Altobelli v Hartmann, the Michigan Supreme...more

Business Litigation Reporter - June 2016

Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

D.C. Circuit Further Restricts the Scope of Foreign Sovereign Liability for Acts of State-Owned Companies

Those doing business with foreign governments would be wise to adhere to the dictate of caveat venditor: seller beware. Cross-border “government” contracting often involves doing business not directly with the sovereign...more

A case of winning the battle and losing the war: Yukos v Russian Federation

INTRODUCTION - On 18 July 2014, the Permanent Court of Arbitration (PCA) in the Hague found that Russia had deliberately expropriated OAO Yukos Oil Company and awarded three former shareholders of the company (Yukos...more

Landmark enforcement decision in the Kingdom of Saudi Arabia

The Enforcement Court in Riyadh has recently confirmed that a US$ 18.5 million ICC award rendered in London, will be enforced in the Kingdom against a Saudi-domiciled award debtor. The enforcement process, handled by our...more

Court Of Chancery Explains When To Not Enjoin Arbitration

This is another in a line of decisions that explains when the issue of arbitrability should be sent to the arbitrator to decide. ...more

Disputes come from two directions. Either a claim form or a letter threatening legal action lands on your desk, or you...

Disputes come from two directions. Either a claim form or a letter threatening legal action lands on your desk, or you discover that you have a potential legal claim against a third party. When this happens, what are the most...more

Crowdfunding Begins on May 16, 2016

Funding portal registration is now available through FINRA. This LawFlash discusses funding portals, which are the intermediaries through which crowdfunding will occur, specifically regarding the registration process...more

Tokyo Dispute Resolution and Crisis Management Newsletter - April 2016

Energy Charter Treaty Arbitration - Claims Against Spain and Italy as a Result of Alterations to their Renewable Energy Legislation - In recent years, there have been a raft of Energy Charter Treaty (“ECT”)...more

Polish Government considers termination of all the bilateral investment treaties – will this affect foreign investments in Poland?

The Polish Government’s announcement that it would consider terminating its bilateral investments treaties (BITs) with other countries has been the focus of a great deal of attention in the last few weeks....more

The Arbitration Court declares it legal to deduct license fees for use of trademarks

The Arbitration Court declares it legal to deduct license fees for use of trademarks - The Moscow Arbitration Court rendered the Decision of December 31, 2015 on case No. ?40-153860/15. The case was essentially about the...more

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