News & Analysis as of

International Arbitration

AFRICA - A Legal Guide for Business Investment and Expansion: Tunisia

1. What role does the government of Tunisia play in approving and regulating foreign direct investment? The Tunisian government places a priority on attracting foreign direct investment. The Tunisian government...more

Saudi Arabia’s New Implementing Regulations of Arbitration Law

On May 22, 2017, the Saudi Council of Ministers passed the Implementing Regulations of the 2012 Arbitration Law. The Implementing Regulations came into force on June 9, 2017, when they were published in the Saudi Official...more

AFRICA - A Legal Guide for Business Investment and Expansion: Tanzania

1 .What role does the government of the United Republic of Tanzania play in approving and regulating foreign direct investment? The government plays an active role in approving and regulating foreign direct investment....more

In Deciding Whether To Vacate Confirmation Of Arbitral Award Subsequently Vacated By Primary Jurisdiction, Second Circuit...

by Carlton Fields on

The Second Circuit recently affirmed a lower court’s decision to vacate its earlier judgment enforcing a Malaysian-based arbitration award against the government of Laos where a Malaysian court subsequently set aside the...more

The widely anticipated UAE law on arbitration – an end in sight?

by White & Case LLP on

By the end of Q4 2017, the United Arab Emirates is expected to enact a new federal arbitration law based on the UNCITRAL Model Law and associated international standards....more

Tanzania Overhauls Mining Laws, Fines Investor US$190 Billion: Is Your Investment Protected?

by Jones Day on

Recently, Tanzania enacted a series of mining laws that significantly erode protection for existing and future investments in the mining industry. As part of these measures, one foreign investor has been assessed a US$190...more

New York Vacates Arbitral Award With Manifest Disregard Doctrine

by Latham & Watkins LLP on

In Daesang v. The NutraSweet Co. (May 2017), the New York State Supreme Court partially vacated a $100 million International Chamber of Commerce (ICC) arbitral award on the grounds of manifest disregard of the law. Justice...more

ICC opens in the Abu Dhabi Global Market

by Hogan Lovells on

The International Chamber of Commerce ("ICC") has announced that it will open a new arbitration centre in the Abu Dhabi Global Market ("ADGM"), Abu Dhabi's financial freezone located in the Al Maryah Island, which began...more

Eleventh Circuit Defers To Arbitrator’s Interpretation Of Forum Selection Clause In International Dispute And Affirms Award

by Carlton Fields on

Questions of arbitral venue, even in international arbitration, are presumptively for the arbitrator to decide. The court so ruled despite arguments from an Israeli company that the arbitrator’s interpretation of an...more

AFRICA - A Legal Guide for Business Investment and Expansion: Kenya

1. What role does the government of Kenya play in approving and regulating foreign direct investment? There is no regulation on foreign direct investment in Kenya except in specific sectors where state corporations have a...more

Eleventh Circuit Holds Arbitrators Have Venue-Setting Authority in International Arbitrations

by Alston & Bird on

In an international arbitration, when an arbitration provision is ambiguous about the seat of the arbitration, who resolves the question? The Eleventh Circuit held last week that interpretation of a venue provision is the...more

International Arbitration Considerations

by Pepper Hamilton LLP on

Over the past decade, the growing number of mergers and acquisitions of engineering and construction (E&C) firms has consolidated the construction industry, creating an increasingly global market with more multinational...more

Minimizing Risks and Maximizing Opportunities in China-Latin America Investment

On June 1, 2017, Skadden hosted the webinar “Minimizing Risks and Maximizing Opportunities in China-Latin America Investment.” Topics of discussion included the increasing importance of Chinese investment in Latin America,...more

New International Rules of Chinese Arbitration Association Streamline Processes

by Jones Day on

The Chinese Arbitration Association ("CAA") adopted the Chinese Arbitration Association International Arbitration Rules 2017 ("CAAI Rules") on July 1, 2017. The Rules—which can apply only to arbitrations seated outside of...more

The new International Arbitration Bill

by Hogan Lovells on

At the recent Mandela Institute Seminar on International Arbitration, the Deputy Minister of Justice and Constitutional Development, the Honourable JH Jeffery, MP addressed the attendees on the benefits and challenges of...more

Recent $455 Million Payment Reaffirms Certainty of International Arbitral Awards

One of the most often overlooked features of arbitration in the context of international commercial disputes is the certainty provided by a final award. Recently, Dow Agrosciences paid Bayer Cropscience more than $455 million...more

Investment Trends in India

On 22 June 2017, Skadden and Khaitan & Co hosted a seminar titled “Investment Trends in India” at the Institute of Directors in London. David Kavanagh QC, global co-head of Skadden’s International Litigation and...more

Bilateral Arbitration Treaties at the 50th Anniversary of UNCITRAL

by WilmerHale on

At the 50th anniversary of the United Nations Commission on International Trade Law (“UNCITRAL”) Congress, Gary Born, chair of Wilmer Cutler Pickering Hale and Dorr LLP's International Arbitration Group, discussed his...more

The Next Chapter in Judicial Treatment of Annulled Awards: New York Court Enjoins Overseas Enforcement of Award

by King & Spalding on

Introduction - On June 29, 2017, a New York state appellate court unanimously upheld an extraordinary lower court order in a decision that may have significant implications for the cross-border enforcement and recognition...more

La CCI lanza nuevas reglas de Procedimiento Abreviado

by Latham & Watkins LLP on

La Cámara de Comercio Internacional ofrece un nuevo procedimiento de arbitraje más rápido, fácil y simple para disputas de menor cuantía - El pasado 1 de marzo de 2017 entró en vigor el nuevo Reglamento de Arbitraje de la...more

Business Litigation Report - June 2017

Courts May Not Depart from the Bankruptcy Priority Rule in Chapter 11 Structured Dismissals - For more than a century, a cornerstone of federal bankruptcy law has been the absolute priority rule, which ensures that a...more

Article: June 2017: International Arbitration Update

Focus on Damages: Arbitral Discretion to Determine Amount of Damages Requires Aggressive Strategy on Both Sides. International arbitration, in both the commercial and investment treaty contexts, has proven an effective forum...more

Venezuela Mines for a Reversal in Federal Appeals Court

Venezuela is taking its fight over a $1.4 billion arbitral award to the District of Columbia’s federal court of appeals. The award capped a bitter dispute between Venezuela and Crystallex International Corporation, a...more

Enforcement of International Arbitral Awards in the U.S. – Could a Court Abstain Due To “Inconvenience”?

Forum non conveniens is one of several judicial abstention doctrines, applied from time to time by U.S. courts, that permit a court to dismiss (without prejudice) a plenary action in its discretion. In a forum non conveniens...more

Keeping up with the Convention: Ontario Modernizes Its International Commercial Arbitration Regime

by Bennett Jones LLP on

A new statutory regime governing international commercial arbitration came into effect in Ontario in March 2017, with the International Commercial Arbitration Act, 2017, SO 2017, c 2, replacing the International Commercial...more

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