General Business International Trade Alternative Dispute Resolution (ADR)

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Effect Of Cross-Border Insolvency On Contractual Time Bar

In Bank of Tokyo-Mitsubishi UFJ Ltd v Owners of the MV Sanko Mineral [2014] EWHC 3927 it was held that, as a matter of English law, a claimant should have commenced arbitration within 12 months, in accordance with contractual...more

High Court rules on inconsistency in charterparty arbitration clauses and applicable curial law

Reed Smith (Lianjun Li and Min Li of the Hong Kong office, Nick Shaw and Halani Lloyd of the London office) recently represented the successful Charterers in Shagang South-Asia (Hong Kong) Trading Co. Ltd v Daewoo Logistics...more

LEX PETROLEA: Sources and Successes of International Petroleum Law

In the widely cited and sometimes wildly interpreted 1982 arbitration award issued by the tribunal in Aminoil v. Kuwait, the Government argued that compensation for its expropriation of Aminoil's concession should be based on...more

International Arbitration Newsletter - February 2015

In this Issue: - Thwarting Torpedoes and Other Clarifications: Recast Brussels Regulation in Force From 10 January 2015 - International Energy Charter Signals New Global Cooperation in the Energy...more

Fifth Circuit Dismisses For Lack Of Appellate Jurisdiction Appeal Of Order Compelling Arbitration

The Fifth Circuit Court of Appeals has dismissed, for lack of appellate jurisdiction, a district court order granting a motion to compel arbitration filed by Certain Underwriters of Lloyds of London and several other...more

The Brussels Regulation Recast: What you need to know

The Brussels Regulation (Regulation (EC) 44/2001) has governed questions of jurisdiction and the recognition and enforcement of judgments in civil and commercial matters within the EU for over a decade. From 10 January 2015,...more

CIETAC's New Arbitration Rules 2015

The China International Economic and Trade Arbitration Commission – better known as CIETAC1 – is one of the major arbitration institutions. In 2013, CIETAC accepted 1,256 cases, out of which, 375 were foreign-related.2 As the...more

"The 2014 IBA Guidelines on Conflicts of Interest in International Arbitration"

The IBA Council in Tokyo recently approved a revised version of the International Bar Association’s Guidelines on Conflicts of Interest in International Arbitration (the Guidelines). The new Guidelines entail changes...more

Understanding Halliburton in Light of Recent Supreme Court Jurisprudence

In recent years, the Supreme Court has decided a number of cases that, alone and certainly in the aggregate, have significantly impacted the ability of plaintiffs to initiate and maintain class actions. By and large,...more

International Arbitration Newsletter - Q4 2014

CHALLENGING THE STATUS QUO – SOUTH AFRICA’S TERMINATION OF ITS BILATERAL TRADE AGREEMENTS: The main concern for any foreign investor is security of tenure for its investment. Investors generally feel threatened when...more

Chevron-Lago Agrio: the risks of third-party funding in multijurisdictional disputes

As third-party funding continues to become more common in international disputes, particularly international arbitration, new concerns continue to emerge for parties and counsel who have sought to make use of this new...more

English court - a move towards summary procedures in international arbitration?

A factor often perceived as a disadvantage of arbitration when compared with national court litigation is the lack of availability of summary procedures such as default or summary judgment. The recent judgment of the English...more

British Virgin Islands - a new force in international arbitration?

What do London, Paris, New York and Tortola have in common? If the ambitions of the British Virgin Islands come to fruition, the answer will soon be that they are four of the most popular seats for international arbitration....more

Enforcement of Arbitration Award by Equitable Execution over Foreign Assets

In Cruz City Mauritius Holdings v Unitech Ltd & ors [2014] EWHC 3131 (Comm), 2 October 2014, Males J allowed the application of the claimant for the appointment of receivers by way of equitable execution over the foreign...more

A Snapshot Of The Investor-State Dispute Settlement Framework In Australia's Asian Free Trade Agreement Trifecta

On 17 November 2014, Australia and China concluded negotiations over the China-Australia Free Trade Agreement (FTA) with the text of the agreement to be finalised in 2015. Our previous article flagged that the change of...more

JAMS Global Construction Solutions Newsletter, Fall 2014

In This Issue: - Can the cost of international arbitration be controlled? - Sealing the deal: critical Issues in the preparation of mediated settlement agreements - Mediation decision-makers need...more

L’influence de la culture sur la pratique de l’arbitrage international : une perspective personnelle

The author seeks to demonstrate the importance of culture in international arbitration by reflecting on his own personal experience in the arbitration department of a large international firm. Culture plays a critical role in...more

EU Commissioner Raises The Prospect Of Suspending US-EU Safe Harbor Program

Anders Ansip, Vice-President designate for Digital Single Market, has suggested that the suspension of the Safe Harbor Regime should not be ruled out if agreement cannot be reached with the U.S. Government as to how the...more

Separate trials of liability and quantum in an insurance context

In Fortescue Metals Group Ltd v Underwriting Members of XL Syndicate 1209 at Lloyd’s for the 2004 and 2005 Underwriting Years of Account [2014] WASC 422, the Supreme Court of Western Australia considered whether to order the...more

Case Studies on Labor Dispatch

“Labor dispatch” is an arrangement under which an employee is hired by an employment agent (i.e., nominal employer) and then dispatched to work for another company (i.e., actual employer). Typically, there would be (i) an...more

Foreign Investor Protection v. National Sovereignty: The Pros and Cons of Investor-State Arbitration

United States companies investing abroad stand to gain additional legal protections in the near future from two international treaties currently under negotiation intended to safeguard investments of United States investors...more

Expo 2020 - part 5: Managing and resolving construction disputes

Introduction - Since Dubai’s successful 2020 Expo bid, development of new and re-invigorated construction projects has increased significantly. Tenders and new contracts are once more being awarded for a wide range of...more

Seventh Circuit Declines To Require Pre-Pleading Security From Uruguay’s State-Owned Reinsurer And Refuses To Compel Arbitration

The Plaintiff, Pine Top Receivables of Illinois, LLC brought an action in Illinois federal court against Banco de Seguros del Estado, an entity wholly owned by Uruguay. Pine Top claimed that Banco de Seguros owed Pine Top...more

Trade & Manufacturing - News of Note - November 2014

United States Announces Settlements Of WTO Disputes With Brazil and Indonesia - In October, the United States settled two long-running disputes at the World Trade Organization (WTO) – one with Brazil over cotton...more

Litigation Update: Court's Refusal To Enforce An Award On Public Policy Grounds: A Step Backward For International Arbitration In...

In recent years, Australian courts have confirmed the "sacrosanct principle of international arbitration that courts will not review the substance of arbitrators' decisions" 1, assuring parties to a dispute that the...more

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