International Arbitration

News & Analysis as of

Should an arbitrator sign on all pages of the arbitration award?

Legal Rule - Under normal circumstances the general rule is that an arbitration award shall be valid only if signed on all pages by the arbitrator. However the exception to this rule is that the arbitrator's signature on...more

English Law Update: IBA Guidelines on Conflicts of Interest Criticised by English High Court in W Limited v M Sdn Bhd

The International Bar Association Guidelines on Conflicts of Interest in International Arbitration (the “IBA Guidelines”), first published in 2004 and subsequently updated in 2014, has been widely used as a best practice...more

Don’t trip up – a warning for owners

The recently decided case of SBT STAR BULK & TANKERS (GERMANY) GMBH & CO KG V COSMOTRADE SA (THE “WEHR TRAVE”) [2016] EWHC 583 (Comm) in the Queen’s Bench Division of the Commercial Court and before The Hon Sir Bernard Eder...more

Disclosure in a digital age – How reforms and technology can reduce the costs of disclosure in arbitration and court

Managing the cost of litigation to business remains one of the toughest issues confronting any lawyer today. As the challenge of keeping costs proportionate seemingly gets more difficult by the day, we consider the impact of...more

Russia’s New Commercial Arbitration Reform—Key Points

Russia recently enacted an important packet of laws that substantially alters the landscape for commercial arbitration in and involving Russia (both wholly domestic and international) and addresses in detail the current...more

London's Financial List: A choice of forum crossroads

On 1 October 2015, a specialist banking and financial markets dispute resolution forum known as the Financial List came into operation. The Financial List is situated in the Rolls Building in London, and proceedings may be...more

April 2016 Arbitration Update - Avoiding the Void: Arbitration Clauses in Australian Standard Form Consumer Contracts

Consumer contracts in the 21st century frequently contain arbitration clauses. Online sellers, transport service providers, telephone companies, social media websites and even dating apps are all requiring consumers to sign...more

UK Court Addresses Arbitrator’s Purported Conflict Of Interest

A dispute arose over a project in Iraq between a British Virgin Island claimant and a Malaysian defendant with a sole Canadian QC arbitrator. The claimant’s challenge of the arbitrator’s award was based upon bias because of...more

Franz Schwarz Delivers 4th Bergsten Lecture in Vienna

Franz Schwarz delivered the 4th Bergsten Lecture on the subject of “Systemic Case Management and Burden of Proof”. Over 400 registered attendees, including senior members of the Austrian and German judiciary and academia,...more

Investment in Iran After Implementation Day

January 16, 2016, marked the Implementation Day that recognised the certification by the International Atomic Energy Agency that Iran had met its obligations under the July 2015 Joint Comprehensive Plan of Action (JCPOA), a...more

Q&A With WilmerHale's Rachael Kent

Rachael D. Kent is a partner and vice chairwoman of the international arbitration practice group at WilmerHale, based in Washington, D.C. Kent has more than 15 years of experience representing clients in a variety of...more

Polish Government considers termination of all the bilateral investment treaties – will this affect foreign investments in Poland?

The Polish Government’s announcement that it would consider terminating its bilateral investments treaties (BITs) with other countries has been the focus of a great deal of attention in the last few weeks....more

English High Court Rejects Challenge to Arbitral Award on Basis of Apparent Bias

A recent case raised an interesting issue regarding the relationship between English law, which suggested there was no apparent bias, and the International Bar Association Guidelines on Conflicts of Interest in International...more

Guidance Note Issued by ICC on Disclosure of Conflicts by Arbitrators

The International Chamber of Commerce (“ICC”) International Court of Arbitration confirmed that it has adopted a guidance note to assist arbitrators on identification of conflict of interest and disclosure requirements in...more

Modeling the Model Law – what not to do

OGX Petroleo E Gas S.A., Re [2016] EWHC 25 (Ch) - In a recent judgment, Mr Justice Snowden sounded a cautionary note for applicants seeking recognition of a foreign insolvency proceeding under the UNCITRAL Model Law,...more

Business Litigation Report - February 2016

Inter Partes Review Victory for Celgene - Quinn Emanuel recently won an inter partes review (“IPR”) of a patent covering the active ingredient in firm client Celgene Corporation’s (“Celgene”) blockbuster cancer therapy,...more

Difficulties for witnesses or strong connection with another jurisdiction not grounds for resisting arbitration agreement

In circumstances where the parties have already chosen arbitration as a means of settling disputes, the English courts will give short shrift to arguments focused on practical difficulties in providing witness evidence or on...more

High Court Flexes its Muscles in Support of LCIA Arbitration

The English High Court has again demonstrated its willingness to exercise supervisory jurisdiction in support of arbitration proceedings by granting an anti-suit injunction and a freezing order against a party which started...more

Appointing an arbitrator to protect time for counterclaims

Mr Justice Knowles CBE’s judgment in Glencore International AG v (1) PT Tera Logistic Indonesia (2) PT Arpeni Pra [2016] EWHC 82 (Comm) considered whether the wording of a notice of appointment of an arbitrator was sufficient...more

ICC Administrative Decisions to Provide Greater Transparency and Efficiency

On 5 January 2016, the International Chamber of Commerce International Court of Arbitration (ICC) announced two decisions aimed at enhancing the efficiency and transparency of its arbitration proceedings...more

High Court Case Highlights the Importance of Commencing Arbitration within Contractual Limitation Periods

Case: Expofrut SA & Others v Melville Services Inc and Lavinia Corporation [2015] EWHC 1950 (Comm) The English High Court has ruled that an extension to a contractually agreed period in which arbitration proceedings must...more

Arbitral Awards Based on Penalty Clauses: Enforceable?

A recent English High Court decision suggests that some such awards may be enforceable notwithstanding the rule against penalties. In Pencil Hill Limited v US Citta di Palermo S.p.A., the English High Court enforced an...more

[Event] International Arbitration Boot Camp: Do You Want Someone Else to Pay Your Legal Fees? It's Possible–Third-Party Funding of...

Third-Party Funding of International Arbitration and Litigation will explore what to expect when involving third parties (e.g., investment firms) to fund your litigation or arbitration....more

Top 2016 Litigation Issues Facing the Auto Supply Chain

Nobody likes a fight. Well, almost nobody. Trial lawyers, boxers, and MMA fighters might be the only ones. But, in business, the occasional fight is pretty much inevitable. What fights do we foresee for those in the auto...more

"The Trans-Pacific Partnership and What It Means for Pre-Existing Treaties"

On November 5, 2015, after seven years of high-stakes negotiations, the Office of the United States Trade Representative released the draft Trans-Pacific Partnership (TPP), a proposed free trade agreement among the United...more

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