News & Analysis as of

International Arbitration

Taking Realtime Arbitrations in China

by Planet Depos, LLC on

Though China does not permit the taking of depositions, there are many arbitrations that take place. Mainland China is home to more than 1.3 billion people. And with a massive 160 cities having more than one million...more

How More International Arbitrations Can be Amicably Settled

by White & Case LLP on

Many more international arbitrations could be amicably settled if greater use were made of the "sealed (settlement) offer" ("Sealed Offer"). But this has not happened because parties could not be confident a Sealed Offer...more

ICSID Tribunal Upholds a State’s Right to Investigate Criminality in Arbitral Proceedings

by Latham & Watkins LLP on

An ICSID tribunal has unanimously rejected a claimant’s attempt to temporarily suspend a State-initiated criminal investigation involving two of its witnesses. In Italba Corporation v Uruguay[1] Italba Corporation (Italba)...more

Is the Oasis now a Mirage? Dwindling scope of the DIFC Courts' 'conduit jurisdiction'

by White & Case LLP on

Recent decisions of the Judicial Tribunal and the Dubai Court of First Instance limit the scope of the DIFC Courts' 'conduit jurisdiction'.   ...more

Summary procedures in international arbitration - pros and cons

by Dentons on

Traditionally, arbitration has been hailed by some as a faster, cheaper, and therefore preferable method of dispute resolution than, for example, court litigation. However, in matters where less is at stake, costs can often...more

New ICC Arbitration Rules Expedite Procedures for Smaller Disputes

by Faegre Baker Daniels on

The International Chamber of Commerce (ICC) has responded to in-house counsel and private practice’s concerns that international arbitration has become slower, more costly and opaque with the publication of its updated...more

Boletín Mensual de Comercio Internacional: Marzo

by Holland & Knight LLP on

Información con énfasis en la Regulación Comercial y de Arbitraje Internacional - Durante el mes de marzo destacan los siguientes temas: Comercio, Acceso, Propiedad Intelectual, Inversión Extranjera, Arbitraje -...more

What is Penalty For Giving Out Secrets?

by Hassan Elhais on

Question: A member of my family was working for a company and he forwarded confidential information to a third party. He did not know that it was a crime and now he has been arrested. What should he expect as...more

Ignore Investment Structuring at your Peril

by Latham & Watkins LLP on

In a recent challenge to an arbitral award under section 67 of the Arbitration Act 1996 (the Act), the High Court in Ruby Roz Agricol LLP v Republic of Kazakhstan, confirmed that the tribunal had correctly declined...more

India Modernizes its Arbitration System: U.S. Companies Should Consider Arbitration Clauses in Indian Commercial Contracts

by Foley & Lardner LLP on

The Indian court system has gained an unfortunate reputation for being notoriously slow, cumbersome, unpredictable, and unreliable, which makes solving commercial disputes in India a challenging ordeal. India ranks near the...more

Decision of the Paris Court of Appeal on "adverse inferences" doctrine

by White & Case LLP on

The Paris Court of Appeal has issued an important decision endorsing an arbitral award based, in part, on the "adverse inferences" principle in the IBA Rules on the Taking of Evidence in International Arbitration (the "IBA...more

Tribunal dismisses Eli Lilly’s NAFTA challenge on promise utility doctrine

by Smart & Biggar on

As previously reported, Eli Lilly submitted claims to international arbitration under the North American Free Trade Agreement (NAFTA) seeking damages from the Government of Canada, asserting that the Canadian courts'...more

Ontario's new International Commercial Arbitration Act, 2017

by Dentons on

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

by Carlton Fields on

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

by Alston & Bird on

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

by Jones Day on

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

Update on CAJAC

by Hogan Lovells on

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

Federal Circuit Upholds $455 Million International Arbitration Award, But Finds That Federal Statutory Interest Rate, Rather Than...

by Carlton Fields on

The Federal Circuit has upheld a district court’s confirmation of a $455 million award by an international arbitration tribunal, but modified the judgment to clarify that, after the date of the district court’s judgment...more

The Draft International Arbitration Bill will be tabled in parliament soon

by Hogan Lovells on

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

Rules of the (International) Road

by Carlton Fields on

Going international is a complicated undertaking. Your specific situation and concerns will determine the steps required. The following outlines, very generally, some issues you must consider as you contemplate international...more

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

by Dentons on

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

The ICC Expedited Procedure Provisions: A New Offering

by Reed Smith on

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?

by WilmerHale on

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

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