International Trade Alternative Dispute Resolution (ADR)

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Accidents Outside Ontario - Where Do You Still Qualify for Accident Benefits?

The Financial Services Commission of Ontario ('FSCO") decision by Arbitrator Osundi in Jama and Aviva Canada Inc. (FSCO A13-004308) (“Jama”) is the most recent decision considering the territorial limits of the Statutory...more

Revisiting the New York Convention as Burundi Becomes its 150th Signatory

In recognition of the ever-increasing importance of international arbitration as a method of resolving international commercial disputes, Burundi recently became the 150th country to adopt the New York Convention on the...more

Texas Supreme Court opinions and orders (8/14 - Part 1)

In its weekly orders (8/22/14), the Texas Supreme Court issued seven opinions, granted four petitions for review, and set four mandamus petitions for argument. In this post, I will summarize three of the opinions, two of the...more

Planning for Disputes in Cross-Border Private Equity Deals: Managing Risk (and Getting Some Benefits) with International...

Planning for future disputes is essential to managing the risk of any transaction — but it is ever more so for private equity managers, who are increasingly investing in foreign assets and in industries exposed to sovereign...more

4 Elements to Improve Enforceability of a Multi-tiered Dispute Resolution Clause

The English High Court decision in Emirates Trading Agency LLC v Prime Mineral Exports Private Limited offers guidance. Why this case is important - Multi-tiered or dispute escalation clauses are an important...more

JAMS Dispute Resolution Alert, Summer 2014

In This Issue: - Experts Predict ADR Will Help Resolve Affordable Care Act Claims - ADR News & Case Updates - Domestic Focus ..Supreme Court Ruling Expands Whistleblower Protections - Good...more

The LCIA’s New 2014 Arbitration Rules

The London Court of International Arbitration (“LCIA”) has published in final form its new arbitration rules (the “2014 Rules”), which will apply to arbitrations commenced after 1 October 2014. ...more

Energy Charter Treaty and the YUKOS/Russia experience

On 28 July 2014, the Permanent Court of Arbitration in the Hague published a final award in an Energy Charter Treaty (ECT) arbitration that has been active for the past decade, ordering the Russian Federation (Russia) to pay...more

The International Comparative Legal Guide to International Arbitration 2014: A practical cross-border insight into international...

Bermuda - 1 Arbitration Agreements: 1.1 What, if any, are the legal requirements of an arbitration agreement under the laws of Bermuda? Other than requiring that it must be in writing, Bermuda’s...more

LCIA introduces new arbitration rules

On Friday 25 July 2014, the LCIA Court formally adopted its new arbitration rules (the “2014 Rules”). The 2014 Rules will come into force on 1 October 2014 and shall apply to any LCIA arbitration commenced from that...more

Is VCAT a 'court' Under the Uniform Commercial Arbitration Act?

Under s 8 of the Uniform Commercial Arbitration Act (CAA)1 a 'court' is required to stay proceedings before it if the parties have already agreed to have their dispute referred to arbitration. Recently, the Victorian Court of...more

The BVI Arbitration Act: A Significant Legislative Milestone

The British Virgin Islands’ (BVI) government has announced by proclamation that the Arbitration Act 2013 will come into force on 1 October 2014. The stated intention has been to bring the Act into force at the same time as...more

Latin American Truth Commissions: Confronting the Past - A comparative assessement of truth and reconciliation commissions in...

We live in a multipolar world, where development and investment alike require reliable mechanisms for conflict resolution—to confront past problems and neutrally resolve future disputes. Latin America is a vibrant...more

Federal District Court Upholds Foreign Reinsurer’s Right To Remove Action To Federal Court

The Court for the Middle District of Louisiana upheld a magistrate’s ruling denying a motion to remand filed by the Louisiana Commerce and Trade Association of Self Insurer’s Fund (“LCTA”), holding that the defendant foreign...more

To enforce or not to enforce, a question for the English courts - July 2014

In the latest instalment of the Yukos v Rosneft saga (covered previously in our 2012 Alert), the English High Court considered whether an award set aside (annulled) at the seat of arbitration can nevertheless be enforced in...more

Arbitration Report - July 2014

In this Report: - U.S. Personal Jurisdiction Limits on Actions under the New York Convention: First Investment Corporation of the Marshall Islands v. Fujian Mawei Shipbuilding, Ltd. - Update on Most...more

Arbitration World - July 2014

Welcome to the 27th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and...more

Government Contracts Quarterly Update - July 2014

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice team to inform our clients and friends of the latest developments in federal government contracting. Topics will...more

BVI Case Notes, July 2014

Recent cases before the British Virgin Islands courts include matters dealing with arbitration agreements and awards, and default judgments. Arbitration Agreements: BVIHCMAP0013/2014: Anzen Ltd and others v...more

Eleventh Circuit Affirms District Court’s Decision Allowing Discovery For Use In Foreign Proceeding

The Eleventh Circuit affirmed a decision permitting discovery for use in foreign proceedings which were contemplated but not yet pending. In this case, which arose from a billing dispute between Consorcio Ecuatoriano de...more

Tecnimont SPA v. J&P Avax: France’s highest court reinforces the legal status of arbitration rules

Last week, the French Cour de Cassation issued its long-awaited decision in the Tecnimont matter. It quashed a decision of the Reims Court of Appeal which had set aside an ICC award on the basis of lack of independence of the...more

LCIA Draft Rules 2014: addressing emergencies, efficiencies and ethics

It seems that it could be all change at the London Court of International Arbitration (LCIA), with new arbitration rules anticipated to come into force later this summer. The draft rules, which the LCIA published earlier this...more

International Arbitration Newsletter Q2 2014

SIAC publishes annual report - The Singapore International Arbitration Centre (SIAC) has issued its caseload statistics as part of its annual report for 2013. The popularity of Singapore as a centre for international...more

Brussels Regulation (Recast): Are You Ready?

This article looks at the concerns with Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Regulation) and examines how far they are...more

ICDR Releases Revised Rules for Arbitration and Mediation

The International Centre for Dispute Resolution (ICDR) has updated its International Dispute Resolution Procedures, including its Arbitration and Mediation Rules, effective June 1, 2014. The updates—the first undertaken by...more

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