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Pursuing non-performing loans in the Middle East A key issue checklist for financial institutions

With liquidity again becoming a serious concern in the region, we are witnessing a sharp uptick in the number of instructions from regional and international lenders relating to (i) regional borrowers failing to repay a loan;...more

Two steps forward, one step back - the new arbitration law in Qatar

On 16 February 2017, Qatar issued a new law on arbitration, inspired by the UNCITRAL Model Law, an international template for law on arbitration. This new Arbitration Law comes at a time when Qatar (like other countries...more

English courts cannot order security in public policy challenges to enforcement

The UK Supreme Court last week issued the latest decision in a long-running attempt to enforce a US$150 million Nigerian arbitration award (IPCO (Nigeria) Limited v. Nigerian National Petroleum Corporation [2017] UKSC 16). ...more

Dealing With Judgment Enforcement in Hong Kong? Two Key Misconceptions to Dispel

Due to its proximity and relationship with the People’s Republic of China, Hong Kong has, at times, suffered from the misconception that it is a difficult jurisdiction within which to freeze assets and enforce judgments or...more

English Courts Stay Enforcement of ICSID Award

On 20 January 2017, the English Commercial Court handed down an important judgment addressing the intersection of a State’s public international law obligations in investment treaty arbitration and its obligations under...more

Update: Dubai Judicial Committee hands down further decisions

Following on from its first decision in the case of Daman Real Capital Partners Company LLC v. Oger Dubai LLC, Cassation No. 1/2016 (read our previous article), the recently- formed judicial committee (the Committee)...more

The DIFC Court as a "conduit jurisdiction" - new development

The power of the Dubai International Financial Centre (DIFC) Court to act as a so-called "conduit" jurisdiction for the enforcement of arbitral awards rendered in mainland Dubai (Onshore Dubai) has been severely restricted by...more

"PEMEX and US Enforcement of Foreign Arbitration Awards Nullified in Their 'Home' Courts"

One of the benefits of using arbitration to resolve international disputes is the availability of worldwide mechanisms to enforce an arbitral award. For example, the 1958 New York Convention on the Recognition and Enforcement...more

In Chinese Investment Treaties, Questions Arise on Who Qualifies for Protection

Despite recent criticism from some quarters concerning the use of investment treaties and free trade agreements, the Chinese investment treaty system remains firmly in place. Since 1982, the People's Republic of China (PRC)...more

Stars Align As Second Circuit Limits Orion

The Second Circuit recently reversed and remanded for further proceedings a S.D.N.Y decision dismissing claims asserted by POLSINELLI clients CBF Indústria de Gusa S/A, Da Terra Siderúrgica LTDA and several other Brazilian...more

Accelerated Justice in the French Cassation Court – A New Beginning

In a recent, little-commented legislative change, the French Cassation Court is now permitted to overturn a lower court decision and hand down a final binding ruling where “justified in the interests of the good...more

2017 Hot Topics in International Arbitration for Life Sciences Companies: Third-Party Funding

Intellectual property often is the most valuable asset of a growing life sciences company, and when IP becomes the subject of a dispute, companies may lack the means to protect their rights which, in turn, could adversely...more

Texas Legislative Outlook

It’s that time again – the 85th Texas Legislature is underway in Austin, and a number of bills could affect civil litigation in state courts. Below are a few bills that trial lawyers may want to follow....more

Kazakhstan Ordered to Pay $506 Million for Crude Expropriation of Oil and Gas Investments

In a case that highlights both that governments are not above the rule of law and that it is difficult to swiftly enforce arbitral awards, a Swedish appeals court, on December 12, 2016, upheld a $506 million award against...more

Court Finds That Enron’s Fraud Does Not Void Contract Entered Into With Enron Subsidiary

A federal appellate court has upheld a district court order enforcing an arbitration award by the ICC against the Republic of Nigeria in favor of Enron Nigeria Power Holdings, Ltd. (“ENPH”), a former subsidiary of Enron...more

“Pedal to the Metal” International Arbitration: ICC Issues Expedited Procedure Rules

In an effort to streamline arbitration proceedings where possible, the International Court of Arbitration of the International Chamber of Commerce (“ICC”) announced on November 4, 2016 that it would issue new Expedited...more

French Administrative Supreme Court clarifies its interpretation of the validity of an arbitration award

French Administrative Supreme Court clarifies its interpretation of the validity of an arbitration award rendered in a dispute involving an administrative contract - On 9 November 2016, the Plenary Session (Assemblée du...more

December 2016: International Arbitration Update

Non-Pecuniary Remedies in Investment Treaty Arbitration. Many of the popular criticisms of investment treaty arbitration are directed at its potential to interfere with the autonomy of sovereign States to make and apply their...more

SDNY Confirms Arbitration Award Under FAA And The New York Convention Despite Award Being Silent On Tax Liability

An arbitration award required respondent to pay a series of royalty payments, audit costs and interest, but did not address either party’s tax obligations. Respondent made several payments to petitioner, but withheld 20% from...more

Why Brexit is Not Bad News For UK-Based Arbitration and Litigation

A lot has been said about the uncertainties surrounding Brexit and its likely impact on doing business with and within the UK. Will London remain Europe’s financial centre? Will the UK reinstate customs duties on imports and...more

Family Dispute Resolution: Mediation, Collaborative Law and Arbitration

Briefly summarize the non-court based processes available in your jurisdiction and the current status of agreements reached under the auspices of mediation, collaborative law and arbitration....more

New DIFC-LCIA Arbitration Rules 2016: An Overview

On 1 October 2016, the DIFC-LCIA Arbitration Centre (DIFC-LCIA), a joint venture between the Dubai International Financial Centre (DIFC) and the London Court of International Arbitration (LCIA), adopted new DIFC-LCIA...more

Litigation and enforcement in Japan: overview

MAIN DISPUTE RESOLUTION METHODS - 1. What are the main dispute resolution methods used in your jurisdiction to resolve large commercial disputes? Litigation Litigation is the most frequently used dispute...more

Business Litigation Reporter - November 2016

On June 12, 2016, the European Commission adopted a new framework for personal data transfers between the European Union (EU) and the United States (US), called the “Privacy Shield.” US companies doing business in Europe may...more

The Express Lane for claims under US$ 2 Million: The new ICC Expedited Procedure Rules

On 4 November 2016, the ICC announced an amendment to the 2012 ICC Arbitration Rules to incorporate a set of new Expedited Procedure Rules for smaller claims with effect from 1 March 2017. The Expedited Procedure Rules shall...more

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