In a much anticipated opinion, on March 5, 2014, the U.S. Supreme Court decided 7-2 to reverse the lower court and revive a $185 million arbitration award in BG Group PLC v. Republic of Argentina. The case began under the...more
A federal U.S. district court recently confirmed a foreign arbitration award obtained by a Belizean telecommunications company against the Government of Belize in arbitral proceedings held before a tribunal appointed by the...more
Recent decisions in the BVI Commercial Court have shaped the applicability and enforcement of arbitration clauses and, notably, how they interface with BVI statutory remedies and liquidations.
Following a recent amendment to the Dubai International Financial Centre1 (DIFC) Arbitration Law, it is now clear that matters brought before the DIFC Courts which are governed by a valid arbitration agreement shall be stayed...more
Miami: crossroads of the Americas and, increasingly, Europe and Asia, host city for the 2014 International Council for Commercial Arbitration Congress, site of the Latin American headquarters for countless multinationals and...more
The choice of venue for an international arbitration can cause significant repercussions once a dispute arises. So parties should choose carefully, depending on their specific concerns. Claudia Salomon, Latham & Watkins...more
With the Eleventh Circuit’s revision, using Section 1782 to request the production of evidence in private international commercial arbitrations remains uncertain.
On January 10, the US Court of Appeals for the...more
In November 2013 the American Arbitration Association (AAA) issued its new Optional Appellate Arbitration Rules, which afford parties the ability to appeal arbitral awards to specialised appellate tribunals. The appellate...more
In This Issue:
- Germany Designates Latham & Watkins International Arbitration Co-chair Sebastian Seelmann-Eggebert to ICSID Panel
- Choice of Venue in International Arbitration: A Book to Guide Tactical Venue...more
A much awaited trade promotion authority ("TPA") bill was introduced in the House and Senate on January 9 by Ways and Means Committee Chairman Dave Camp (R-MI) and Finance Committee Chairman Max Baucus (D-MT). The legislation...more
On 19 December 2013 the Singapore High Court handed down an important judgment in The Titan Unity  SGHCR 28. The judgment is significant as it reaffirms the commitment and support of the Singapore...more
1. What role does the government of Korea play in approving and regulating foreign direct investment?
The Korean government takes an active, investor-friendly role in approving and regulating foreign direct investment....more
AUSTRALIA: NEW GOVERNMENT MAY LEAD TO OPPORTUNITIES FOR INVESTOR/STATE ARBITRATION -
This autumn, the people of Australia elected a new federal government, presenting a number of potential opportunities for...more
This autumn, the people of Australia elected a new federal government, presenting a number of potential opportunities for investor-state arbitration in Australia.
First, the new government has reviewed its position...more
Arbitration clauses are routinely added to commercial contracts, but often with very little reflection on the many strategic and tactical issues that should be considered. Further, there is a great deal of misunderstanding of...more
In an Administrative Order dated December 3, 2013, the Chief Administrative Judge of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Honorable Bertila Soto, announced the creation of an International...more
1. What role does the government of Indonesia play in approving and regulating foreign direct investment?
The existing Indonesian Investment Act is Law No. 25 of 2007 passed by the Indonesian House of Representatives...more
Perceptions that the arbitral process takes too long and costs too much are at the top of concerns about commercial arbitration generally, including international construction arbitration. A sobering...more
On 1 November 2013, the South African Department of Trade and Industry made public a draft "Promotion and Protection of Investment Bill" (the "Draft Bill"). The Draft Bill is intended to promote investment by modernizing the...more
PRIMERA MARITIME (HELLAS) LIMITED AND OTHERS V JIANGSU EASTERN HEAVY INDUSTRY CO LTD AND ANOTHER  EWHC 3066 (COMM) -
The English Commercial Court's recent decision in Primera Maritime (Hellas)...more
In a move that is bound to revolutionize both domestic and international arbitration, the American Arbitration Association ("AAA"), including its international arm, the International Centre for Dispute Resolution ("ICDR"),...more
Recent developments in Mozambique, including the announcement on October 21, 2013, by opposition party RENAMO (Mozambican National Resistance) that it would no longer abide by the 1992 peace pact that ended years of civil war...more
The dragon’s skin began to shed in 2011, when the Hong Kong International Arbitration Centre (“HKIAC”) initiated the revision process of its 2008 Arbitration Rules for Administered Cases (“Old Rules”)....more
American litigators know that there is often a tortuous road between the filing of the complaint and trial. The parties’ positions, and how each side views the facts, tend to evolve through the initial pleadings, amended...more
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