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International Arbitration Arbitration Awards

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

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

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

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

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

Enforcement of an International Arbitration Award in a Non-New York Convention Country

You presented your case, and the arbitration tribunal came back with a reasoned decision and an award in your favor. You even had the award confirmed here in the United States. You want to enforce it. But you find that the...more

Second Circuit Clarifies Law on Enforcement of Foreign Arbitral Awards under the New York Convention

by King & Spalding on

On January 18, 2017, the United States Court of Appeals for the Second Circuit (Second Circuit) issued its decision in CBF Indústría de Gusa S/A v. AMCI Holdings, Inc., a case considering important questions on the...more

"PEMEX and US Enforcement of Foreign Arbitration Awards Nullified in Their 'Home' Courts"

One of the benefits of using arbitration to resolve international disputes is the availability of worldwide mechanisms to enforce an arbitral award. For example, the 1958 New York Convention on the Recognition and Enforcement...more

Stars Align As Second Circuit Limits Orion

by Polsinelli on

The Second Circuit recently reversed and remanded for further proceedings a S.D.N.Y decision dismissing claims asserted by POLSINELLI clients CBF Indústria de Gusa S/A, Da Terra Siderúrgica LTDA and several other Brazilian...more

The Lagarde Prosecution: A Blow to Finality in Investor-State Arbitration?

by BakerHostetler on

On December 19, 2016, International Monetary Fund Managing Director Christine Lagarde was convicted of criminal negligence for failing, as French finance minister, to appeal an adverse arbitration award against a French...more

Annulment of International Arbitral Award: the French Conseil d’Etat Makes First Foray into the Fiefdom of the Civil Cassation...

by Reed Smith on

On 9 November 2016 and for the first time, the French State Council (Conseil d’Etat) set aside an international arbitral award. The award related to a public contract performed in France. The award was partially set aside on...more

“Pedal to the Metal” International Arbitration: ICC Issues Expedited Procedure Rules

In an effort to streamline arbitration proceedings where possible, the International Court of Arbitration of the International Chamber of Commerce (“ICC”) announced on November 4, 2016 that it would issue new Expedited...more

French Administrative Supreme Court clarifies its interpretation of the validity of an arbitration award

by White & Case LLP on

French Administrative Supreme Court clarifies its interpretation of the validity of an arbitration award rendered in a dispute involving an administrative contract - On 9 November 2016, the Plenary Session (Assemblée du...more

Why Brexit is Not Bad News For UK-Based Arbitration and Litigation

by Dechert LLP on

A lot has been said about the uncertainties surrounding Brexit and its likely impact on doing business with and within the UK. Will London remain Europe’s financial centre? Will the UK reinstate customs duties on imports and...more

Arbitration World

by K&L Gates LLP on

From the Editors - Welcome to this 33rd edition of Arbitration World. Following the United Kingdom’s referendum decision on 23 June to leave the EU, in this edition we examine how the uncertainty over the treatment...more

International Arbitration Newsletter - October 2016

by Latham & Watkins LLP on

London has long enjoyed a reputation as one of the most popular and trusted arbitral seats in the world. The use of arbitration in England is long-standing and a legislative framework recognizing and seeking to encourage the...more

Challenging Arbitrators for Alleged 'Conflict of Interest' in US-Based International Arbitrations

A number of significant international arbitrations, particularly involving claims by investors against sovereign states, are venued in Washington, D.C. A September 30, 2016, decision by the U.S. District Court for the...more

Hong Kong - The Gold Standard of International Arbitration in Asia

by Dorsey & Whitney LLP on

According to the 2015 International Arbitration Survey conducted by Queen Mary University of London, Hong Kong is the third most preferred seat of international commercial arbitration in the world, behind only Paris and...more

Enforcing Foreign Arbitral Awards where assets are in Saudi Arabia

by Reed Smith on

A recent case may represent a tangible sign that the enforcement of foreign arbitral awards in KSA has entered a new era. Saudi Arabia has recently enforced a US$18.5 million foreign arbitral award rendered under ICC Rules,...more

The importance of the arbitration notice: make sure it is sent to the right person

by Reed Smith on

Sino Channel Asia Ltd v. Dana Shipping and Trading Pte Singapore and Another [2016] EWHC 1118 (Comm) - A recent English High Court decision serves as a reminder of the importance of taking great care in relation to...more

The Validity of Arbitration Clauses in Concession Agreements

by White & Case LLP on

This alert provides an overview of the recent position of Russian courts in relation to validity of the arbitration clause in the concession agreement. In particular, the Commercial Court of the North-West Circuit in its...more

Second Circuit Affirmed Enforcement of ICC Arbitral Award Annulled Abroad

by Latham & Watkins LLP on

Decision confirming an arbitral award annulled in Mexico, underscores US courts’ pro-enforcement position and highlights different approaches undertaken by courts around the world. On August 2, 2016, the United States...more

Arbitration Article Series V: Challenging an Arbitration

by Hassan Elhais on

In this case the losing party will file an annulment case. However, it may be possible to argue that the parties have accepted the tribunal’s jurisdiction, or have waived any right to object, or have lost that right by not...more

Arbitration Article Series IV. Enforcing Arbitration Awards

by Hassan Elhais on

Parties wanting to enforce an award under the New York Convention must satisfy the requirements of the UAE Civil Code. In practice, enforcing arbitration awards can be a lengthy and unpredictable process. It is common for the...more

Argentina: From International Market Isolation to Promising Opportunities for Investors

by WilmerHale on

Argentina is keen to attract foreign investment. Not only has it recently implemented a series of economic measures, but it has also made changes to its legal framework including the enactment of a new arbitration regulation,...more

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