Civil Procedure International Trade Alternative Dispute Resolution (ADR)

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Arbitration Article Series I: Rise of Arbitration

The UAE has rapidly emerged as a leading financial centre, attracting large global investors and businesses. As international developers and contractors continue to invest in construction projects, there has been an...more

D.C. Court Of Appeals Reverses Dismissal Against Czech Republic, Finding Jurisdiction Under New York Convention

In a divided opinion, the U.S. Court of Appeals for the D.C. Circuit reversed a district court ruling that dismissed a case against the Czech Republic on jurisdictional grounds. The Appeals Court revived the case, finding the...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

International Arbitration Newsletter - July 2016

Privy Council clarifies the nature of arbitration clauses, but uncertainties about the clauses’ effect still remain. “Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than...more

"Key Takeaways: Foreign Governments, US Courts and International Arbitration"

On June 23, 2016, Skadden hosted a webinar titled “Foreign Governments, U.S. Courts and International Arbitration.” Topics of discussion included the settlement of the Argentine sovereign debt litigation, enforcement of...more

Award issued by Permanent Court of Arbitration in South China Sea dispute

A ruling in the long-running South China Sea dispute was released by the Permanent Court of Arbitration in The Hague on Tuesday and has immediately become global front-page news. Initiated by the Philippines against...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

Brexit: Service - Implications for Contracting Parties and Disputes

The process of Brexit will take many years, and the implications for our clients’ business will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and...more

Brexit: Recognition and Enforcement of Judgments - Implications for Contracting Parties and Disputes

The process of Brexit will take many years, and the implications for our clients’ business will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and...more

Brexit: Governing Law - Implications for Contracting Parties and Disputes

The process of Brexit will take many years, and the implications for our clients’ business will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and...more

Brexit: Jurisdiction - Implications for Contracting Parties and Disputes

The process of Brexit will take many years, and the implications for our clients’ business will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and...more

Court Upholds Annulment Of Foreign Arbitration Award Based On Foreign Court’s Finding That Tribunal Violated Rule On Fees

A U.S. District Court refused to confirm the award that had been entered by an arbitration tribunal in favor of Getma International against the Republic of Guinea. The award had been annulled by the Common Court of Justice...more

SCOTUS Puts an End to Ecuador’s Appeal of $96 Million Arbitration Award in Favor of Chevron

A long-running dispute between Chevron and Ecuador appears to have reached its end after the Supreme Court declined to take up Ecuador’s question of whether United States courts had jurisdiction to confirm a $96 million...more

Hong Kong Law Update: Using the Common Law to Enforce an Arbitral Award

A successful party in an arbitration made efforts to enforce an arbitral award in its favour in Hong Kong by means of the statutory process to enforce an arbitral award as if it were a judgment of the Hong Kong Court, only to...more

Arbitration and the Courts – A Question of Balance

Lord Thomas has delivered a speech calling for the relationship between arbitration and the courts in England and Wales to be rebalanced. This has elicited strong responses from prominent members of the arbitration community,...more

Singapore Ratifies the Hague Convention on Choice of Court Agreements

Ratification will take effect on 1 October 2016. On 2 June, Singapore ratified the Hague Convention on Choice of Court Agreements (the Convention). The Convention will take effect under domestic legislation through...more

Court Considers Defenses Under Both New York Convention And The FAA In Confirming Domestic Arbitration Award Against Foreign Party

Immersion Corporation, a U.S. company, had previously entered into a settlement with Sony, a Japanese company, regarding the latter’s alleged patent infringement. Subsequently, a dispute arose surrounding whether Sony was...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

May 2016: International Arbitration Update

García’s Green Light to Dual Nationals in Investor-State Arbitration. The decision in Serafín García Armas v. República Bolivariana de Venezuela, PCA Case No. 2013-3, Decision on Jurisdiction (Dec. 14, 2014) touches on a very...more

New York Enforcement Update

New York has long been a critical enforcement venue for parties holding unsatisfied arbitral awards and/or judgments. New York is the financial capital of the United States, and that reality, coupled with the state’s expert...more

A welcome development: SCC announces revision to arbitration rules to include summary judgment procedures

Introduction - The Arbitration Institution of the Stockholm Chamber of Commerce (SCC) has released a draft set of arbitration rules that are intended to take effect in the course of 2017. The draft SCC arbitration rules...more

No Offer to Arbitrate, No Agreement, No Competence: Hague District Court Reverses Yukos Arbitral Awards

In a decision released on April 20, 2016, The Hague District Court reversed the interim and final awards of an arbitral tribunal in three proceedings against the Russian Federation by shareholders of Yukos Oil Company, which...more

Dutch Court Sets Aside USD 50 Billion In Yukos Arbitration Awards

In a judgment handed down on 20 April 2016, The Hague District Court set aside the awards in three arbitrations rendered against the Russian Federation in investment treaty cases brought by former shareholders in Yukos....more

Hague Court Finds Arbitration Panel Has No Jurisdiction Against Russia Pursuant to Unratified Treaty

The District Court of the Hague overturned a record $50 billion in damages awards issued by the Permanent Court of Arbitration (“PCA”), to the former controlling shareholders of the Yukos Oil Company on the grounds that...more

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