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 Favoured Nation Clauses in Bilateral Investment Treaties Frivolous Challenges to Arbitration Awards – Beware the Consequences

- Potential for Depositors in Cypriot Banks to Make Claims under Bilateral Investment Treaties in Relation to the Cyprus Banking Crisis

- Waiting Periods and Domestic Litigation Requirements in Investment Treaty Arbitration: A Recent Development in Philip Morris v. Republic of Uruguay

- Sovereign Immunity in Recognition and Enforcement Proceedings of Arbitral Awards Made Under Bilateral Investment Treaties

- The Tricky Issue of the Governing Law of Arbitration Agreements

- Seeking Interim Measures from Courts other than those of the Seat – U&M Mining Zambia Ltd v. Konkola Copper Mines Plc

- English Courts Powers to Restrain Foreign Proceedings

- Third Parties’ Rights to Arbitration under the English Contracts (Rights of Third Parties) Act 1999

- Dubai Court of Cassation Decision on Non-Recoverability of Counsel Fees in DIAC Arbitration

- U.S. Court Enforces International Arbitral Award on Public Policy Grounds notwithstanding Mexican Court’s Nullification

- New Arbitration Rules Update – Key and Interesting Features

- Excerpt from Update on Most Favoured Nation Clauses in Bilateral Investment Treaties Frivolous Challenges to Arbitration Awards – Beware the Consequences:

Today almost every country has entered into bilateral or multilateral investment treaties, including many recent free trade agreements, for the promotion and reciprocal protection of investments. A bilateral investment treaty (“BIT”) is essentially an agreement between two countries containing reciprocal undertakings as to the promotion and protection of private investments made by individuals and companies in each other’s territories. Most BITs contain common investor protections such as the right to full compensation for expropriation, the right to transfer funds freely out of the host nation, and the right to fair and equitable treatment and full protection and security by the host nation’s government. They also typically allow investors to enforce some or all of these rights directly against host countries through binding international arbitration.

Please see full report below for more information.

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Topics:  Arbitration, Arbitration Awards, Bilateral Investment Treaties, Jurisdiction, Personal Jurisdiction

Published In: Alternative Dispute Resolution (ADR) Updates, Civil Procedure Updates, General Business Updates, Finance & Banking Updates, International Trade Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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