International Trade Alternative Dispute Resolution (ADR)

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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 Hermes...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

New Shanghai Free Trade Zone Arbitration Rules

The Shanghai International Arbitration Center's (SHIAC) "China (Shanghai) Pilot Free Trade Zone Arbitration Rules" (FTZ Arbitration Rules) took effect on May 1, 2014. The FTZ Arbitration Rules adopt some recent developments...more

Italian Government Cuts Incentives for Photovoltaic Plants

The final wording is not yet official, and there may still be some last minute changes before its publication in the Official Gazette, but the Italian Ministry of Economic Development and the Ministry of Finance felt certain...more

WTO Dispute Settlement—Long Delays Hit the System

- A recent increase in World Trade Organization (WTO) cases has strained resources in the WTO Secretariat and led to a notable slowdown in the dispute settlement process. In 2012, the WTO received the highest number of...more

The end of the road for "one-way" jurisdiction and arbitration clauses?

Following the 2008 financial crisis, there has been greater focus by commercial parties on dispute resolution provisions in transaction documents. At the drafting stage, where (and how) parties' disputes are to be determined...more

Dubai Establishes New Dispute Settlement Authority

The new authority is intended as a "one-stop shop" for litigation and arbitration in the region. On 28 May, His Highness Sheikh Mohammed bin Rashid Al Maktoum announced the amendment of Dubai Law No. 9 2004 (which...more

International Centre for Dispute Resolution (“ICDR”) Revised Rules Came Into Effect on June 2014

International arbitration has gained increasing acceptance and popularity around the world as a mechanism to resolve cross-border disputes. In recent years, however, complaints have grown louder that international...more

Resolving Legal Disputes in the United States: Litigation, Arbitration or Mediation

As Indonesian companies expand their businesses into the United States, the potential for conflict also increases. Many parties doing business in the United States opt to resolve their disputes through litigation in the U.S....more

The corridor of uncertainty diminishes following another pro international arbitration judgment from the Indian Supreme Court

For international parties who have contracted with Indian counterparties and agreed to refer disputes to international arbitration, a critical issue is the degree to which the Indian courts have jurisdiction to review and set...more

Unlocking the Door

When faced with a party which refuses to pay their share of the arbitral fees, it may seem attractive to go to court claiming that the defaulting party has repudiated the arbitration clause. Such a backdoor approach to...more

A Digest of the China (Shanghai) Pilot Free Trade Zone Arbitration Rules: A More Liberal Development of Arbitration Practice in...

After splitting from the China International Economic and Trade Arbitration Commission (the CIETAC) through the notable “CIETAC split” event in 2012, the Shanghai International Economic and Trade Arbitration Commission (the...more

ICCA 2014. Gap Filling In International Arbitration: An Unsettled Territory

Though of paramount importance in jurisprudence, no contract is perfect. Sometimes, at the time the parties negotiated and drafted the contract, they inadvertently failed to anticipate a particular issue that only arose years...more

ICCA Congress Cements Miami As Arbitration Hub

Every two years the top international arbitration professionals and legal scholars from around the globe gather at the International Council for Commercial Arbitration’s Congress, or “ICCA Congress,” as it is commonly known,...more

The Draft LCIA Arbitration Rules 2014 – changes to watch out for: a quick reference guide

The London Court of International Arbitration (LCIA) recently published for consideration the Final Draft of its proposed new Arbitration Rules to replace the 1998 Rules. The proposed changes bring the LCIA Rules...more

U.S. Supreme Court Decision Reinstates $185 Million Arbitral Award - Placing New Focus on Clear Prerequisites to Arbitration in...

In an opinion issued in BG Group PLC v. Republic of Argentina, 134 S. Ct. 1198 (2014), the United States Supreme Court found that a prerequisite to arbitration was a procedural issue to be decided by the arbitration panel and...more

ICCA 2014. Does “Male, Pale, And Stale” Threaten The Legitimacy Of International Arbitration? Perhaps, But There’s No Clear Path...

On Monday, 7 April, at the 2014 ICCA Miami Conference, the international-arbitration community gathered to address the question, “Who are the arbitrators?” The answer, panel attendees were told, was “male, pale, and stale” –...more

2014 Guide to International Arbitration

In This Issue: - Foreword Why International Arbitration? - Chapter I What is Arbitration? - Chapter II When Should Provision for Arbitration be Made? - Chapter III The Tribunal - Chapter IV The Choice...more

Editorial: A New Destination For International Arbitration

Every two years the top international arbitration professionals and legal scholars from around the globe gather at the International Council for Commercial Arbitration's Congress, or "ICCA Congress," as it is commonly known,...more

Arbitration Round-Up

Arbitration Procedure - Trustees of the New York City District Council of Carpenters Pension Fund, Welfare Fund, Annuity Fund v. Alliance Workroom Corp., No. 13-Civ-5096 (USDC S.D.N.Y. Dec. 11, 2013) (arbitration award...more

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