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Ontario's new International Commercial Arbitration Act, 2017

On March 22, 2017, key aspects of Ontario’s arbitration legislation were significantly revised when Bill 27, Burden Reduction Act, 2017 received Royal Assent from the Lieutenant Governor. According to its own introductory...more

Second Circuit Finds District Court Erred In Decision On Enforcement Of International Arbitration Award

The factual and procedural background of this case can be found here. In sum, beginning in the 1990s, the appellants, a group of Brazilian companies (collectively, “CBF”) entered into a series of contracts with Primetrade AG,...more

Mandatory vs. Permissive Arbitration Clauses: A Survey of the Laws of Other Common Law Countries

In an earlier post we provided advice on how to interpret the words “may” and “must” when they appear in arbitration clauses that are to be interpreted under U.S. law. Among other things, we explained that an arbitration...more

Federal Circuit Confirms $455 Million ICC Arbitration Award

The Federal Circuit this month, for the first time, confirmed an international arbitral award administered by the International Chamber of Commerce (ICC). In another first for the Federal Circuit, the court indicated that it...more

Investors in Southern African Development Community Stripped of International Treaty Protections

In January 2014, Jones Day reported on the protection offered to foreign investors in Sub-Saharan Africa pursuant to the Southern African Development Community ("SADC") enacted on April 16, 2010. As noted in that Commentary,...more

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

Update on CAJAC

The China-Africa Joint Arbitration Centre (CAJAC) is a partnership between the Arbitration Foundation of Southern Africa (AFSA) and the Shanghai International Arbitration Centre (SHIAC). One of the main reasons for the...more

The Draft International Arbitration Bill will be tabled in parliament soon

The Justice and Constitutional Development Department published the draft bill's explanatory summary in Government Gazette 40687. The proposed legislation seeks to...more

The adoption of institutional arbitration rules and their effect on the right to appeal in domestic arbitrations

In recent years, it has become increasingly commonplace for commercial parties involved in complex commercial transactions to include an arbitration clause as their chosen dispute resolution mechanism within the terms of the...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

UK Supreme Court Clarifies English Curial Powers to Impose Security Payments in Enforcement of New York Convention Arbitral Awards

A recent UK Supreme Court judgment will likely impact on the interplay between the New York Convention and national law - In IPCO (Nigeria) Ltd v Nigerian National Petroleum Corp [2017] UKSC 16, the UK Supreme Court...more

The ICC Expedited Procedure Provisions: A New Offering

On 1 March 2017, the new ICC Expedited Procedure Provisions came into force with the aim of reducing cost and improving efficiency for arbitration claims under US$2 million (or a higher amount, if the parties agree). With the...more

Revised ICC Arbitration Rules Go into Effect

On March 1st, the revised Arbitration Rules of the International Chamber of Commerce (ICC) took effect. The revised Rules seek to enhance time and cost efficiency as well as transparency, and will apply to all arbitrations...more

International Arbitration in the Financial Services Sector: Room to Grow?

The growth of international arbitration has inevitably led arbitral institutions and practitioners alike to focus on areas where there may be scope for further growth over the years ahead. Originally published in...more

Arbitration Foundation of South Africa goes global

The Arbitration Foundation of South Africa (AFSA) was founded in joint venture by organised business, with members of the legal and accounting professions in 1996. In its 21 years in operation, AFSA has successfully...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

International Arbitration Alert: 2017 Revisions to the ICC Rules of Arbitration and Comparison of Expedited Procedures Under Other...

The International Chamber of Commerce (“ICC”) has revised its arbitration rules (“ICC Rules”) effective 1 March 2017. The 2017 updates are not as comprehensive as the revision of the ICC Rules in 2012, but are intended to...more

Amendments to the ICC Rules: new Expedited Procedure effective March 1, 2017

On March 1, 2017, several amendments to the International Chamber of Commerce’s (ICC) Rules of Arbitration (ICC Rules) will take effect. The most noteworthy of these amendments is the introduction of a new Expedited Procedure...more

To Go Boldly Beyond the Arbitration Agreement

The English Commercial Court (the Court) has ruled that it does not have the power to make an order for preservation and disclosure of evidence against a non-party to an arbitration agreement. Accordingly, it cannot grant...more

ICC rules of arbitration have been amended

The ICC Rules of Arbitration revision comes into force on 1 March 2017. By this action the ICC continues its efforts to make arbitration more time and cost effective. The most important change concerns the Expedited...more

Enforcement of an International Arbitration Award in a Non-New York Convention Country

You presented your case, and the arbitration tribunal came back with a reasoned decision and an award in your favor. You even had the award confirmed here in the United States. You want to enforce it. But you find that the...more

"Key Takeaways: Minimizing Risks and Maximizing Opportunities in China-Latin America Investment"

On February 6, 2017, Skadden hosted the webinar “Minimizing Risks and Maximizing Opportunities in China-Latin America Investment.” Topics of discussion included the increasing importance of Chinese investment in Latin...more

Vietnam International Arbitration Center Introduces New Rules

Revised rules tackle time and cost considerations with provisions for consolidation and expedited procedures. The new arbitration rules of the Vietnam International Arbitration Center (VIAC) come into force on 1 March...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

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