International Arbitration

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International Arbitration Newsletter - Q4 2014

CHALLENGING THE STATUS QUO – SOUTH AFRICA’S TERMINATION OF ITS BILATERAL TRADE AGREEMENTS: The main concern for any foreign investor is security of tenure for its investment. Investors generally feel threatened when...more

Chevron-Lago Agrio: the risks of third-party funding in multijurisdictional disputes

As third-party funding continues to become more common in international disputes, particularly international arbitration, new concerns continue to emerge for parties and counsel who have sought to make use of this new...more

English court - a move towards summary procedures in international arbitration?

A factor often perceived as a disadvantage of arbitration when compared with national court litigation is the lack of availability of summary procedures such as default or summary judgment. The recent judgment of the English...more

British Virgin Islands - a new force in international arbitration?

What do London, Paris, New York and Tortola have in common? If the ambitions of the British Virgin Islands come to fruition, the answer will soon be that they are four of the most popular seats for international arbitration....more

Federal Court Issues Subpoenas For Use In Foreign Arbitration

A federal judge in New Jersey recently granted an ex parte application for issuance of subpoenas for use in a London arbitration. The court’s basis for the ruling was 28 U.S.C.A. § 1782, the federal statute titled “Assistance...more

Business Litigation Report -- December 2014

In This Issue: Main Article: - Cloud Computing: Legal Issues on the Horizon Noted With Interest: - Stays Pending Covered Business Method Patent Review: VirtualAgility v....more

JAMS Global Construction Solutions Newsletter, Fall 2014

In This Issue: - Can the cost of international arbitration be controlled? - Sealing the deal: critical Issues in the preparation of mediated settlement agreements - Mediation decision-makers need...more

Ten Tips for International Business

Fred Lipp, business law attorney and practice group leader, offers ten tips on doing business abroad: - Technology licensing and energy projects will continue as primary global drivers - Chinese products are...more

Litigation Update: Court's Refusal To Enforce An Award On Public Policy Grounds: A Step Backward For International Arbitration In...

In recent years, Australian courts have confirmed the "sacrosanct principle of international arbitration that courts will not review the substance of arbitrators' decisions" 1, assuring parties to a dispute that the...more

Multi-Jurisdictional Enforcement of Judgments

With more cross-border trade and foreign investments, businesses may find themselves in more disputes with counterparties before foreign courts or in international arbitration. Where a party chooses—or the parties’ contract...more

New York Federal Court Holds That Arbitrator’s Undisclosed Serious Health Condition Is Not Ground for Vacatur

There are several differences between court litigation and international arbitration, but two in particular stand out. First, whereas the losing party at trial can bring an appeal, the losing party in an arbitration can only...more

2014 Autumn Review – M&A Legal Developments

We set out below a number of interesting English and European court decisions which have taken place and their impact on M&A transactions. This Insight looks at these developments and gives practical guidance on their...more

International Arbitration Newsletter

In This Issue: - The 2014 LCIA Rules - Latham & Watkins Secures Arbitral Award and Judgment When Respondent Fails to Post Full Security for Enforcement Stay - Ukraine Crisis: A Recap of the Latest US and EU...more

Georgian International Arbitration Centre Adopts New Arbitration Rules

The Georgian International Arbitration Centre (“GIAC”) has recently finalised the GIAC Arbitration Rules (“GIAC Rules”), following the completion of the work of the Commission for Final Revision of the Arbitration Rules (the...more

Business Litigation Report -- September 2014

In This Issue: - Main Article: ..The Supreme Court Revisits Patent Eligible Subject Matter in Alice v. CLS Bank - Practice Area Notes: ..International Arbitration Update ..Trial Practice...more

Chinese Arbitration Pact Enforced

Modern Space, located in Shanghai, China, extended to Plaintiff a written offer of employment setting out basic terms, including the requirement that the parties enter a separate, written employment contract (“Labor...more

September 2014: International Arbitration Update

Avoiding Litigation in the Host State’s Courts in Investor-State Disputes After the Urbaser and Teinver Decisions. Previously, foreign investors whose investments have been damaged by governmental measures of the host...more

BVI’s Arbitration Act 2013 is now in force

The British Virgin Islands’ (BVI) Arbitration Act 2013 came into force on 1 October 2014. It is a landmark piece of legislation which is expected to propel alternative dispute resolution in the BVI into high gear. The BVI is...more

New LCIA Arbitration Rules Come into Effect on October 1, 2014

International arbitration is often selected over traditional litigation for resolving commercial disputes, as it is typically perceived that arbitrations can be undertaken more efficiently and swiftly than litigation. In...more

2014 LCIA International Arbitration Rules Now Apply: Procedural Efficiency, Emergency Arbitrators and Complex Arbitrations

The London Court of International Arbitration (“LCIA”) is firmly established as one of the world’s truly international arbitral institutions - in 2013 over 80% of the parties to LCIA arbitrations were non-UK - and London is...more

2104 Guide to International Arbitration - Russian Edition

Why international commercial arbitration? Expansion and globalization of international investment and trade have led to an increase in the number of complex commercial relationships between companies, investors and...more

A New International Option: The "Emergency Arbitrator"

For many years, the common belief was that international arbitration was not suitable for cases in which emergency relief could become necessary. The time required to impanel an arbitration tribunal and the logistics of...more

International Arbitration Newsletter Q3 2014

COUR DE CASSATION QUASHES DECISION THAT DISREGARDED ICC RULE ON TIME LIMITS TO ARBITRATOR CHALLENGES - In the latest installment of a seven-year saga that has captured the attention of the arbitration community, the...more

Revisiting the New York Convention as Burundi Becomes its 150th Signatory

In recognition of the ever-increasing importance of international arbitration as a method of resolving international commercial disputes, Burundi recently became the 150th country to adopt the New York Convention on the...more

Energy Charter Treaty and the YUKOS/Russia experience

On 28 July 2014, the Permanent Court of Arbitration in the Hague published a final award in an Energy Charter Treaty (ECT) arbitration that has been active for the past decade, ordering the Russian Federation (Russia) to pay...more

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