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A&O Shearman

Russian Supreme Court denies enforcement of award based on the allegedly unfriendly nationalities of arbitrators

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The Russian Supreme Court has denied the enforcement of an arbitral award issued by a tribunal seated in London, on the grounds that the arbitrators’ nationalities were “unfriendly”. This is the latest example of Russian...more

Vinson & Elkins LLP

Guide to Arbitral Institutions and the Seat of Arbitration in Hong Kong

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When parties plan to resolve disputes by arbitration, there are several key considerations regarding procedure. In the second of a multi-part series, we look at two key features to consider when drafting (and applying) your...more

Vinson & Elkins LLP

Guide to Arbitral Institutions and the Seat of Arbitration in London

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When parties plan to resolve disputes by arbitration, there are several key considerations regarding procedure. In the first of a multi-part series, we look at two key features to consider when drafting (and applying) your...more

Orrick, Herrington & Sutcliffe LLP

Arbitrations with Third-Parties: 5 Things to Know About New Rules from the German Arbitration Institution (DIS)

The German Arbitration Institute (DIS) has adopted new rules to involve third parties in arbitration proceedings. The Supplementary Rules for Third-Party Notices (DIS-TPNR) took effect in March. At present, common...more

Miles Mediation & Arbitration

[Event] 2024 Arbitration Training Institute - June 6th - 7th, Atlanta, GA

Presented by nationally recognized experts, the Institute features comprehensive sessions on every stage of the arbitral process examined from the vantage point of neutrals, advocates, and in-house counsel. Substantive...more

Jones Day

Indian Supreme Court Sets Aside Arbitral Award for "Grave Miscarriage of Justice"

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The Indian Supreme Court invokes curative jurisdiction to set aside US$960 million award to avoid a "grave miscarriage of justice," seven years after the award creditor received a favorable award in India and three years...more

Cohen & Gresser LLP

Les demandes de brutage fiscal en matière d’arbitrage international d’investissement (Tax Gross-Up Claims in International...

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La présentation de demandes de brutage fiscal – ou « tax gross-up » – des indemnités pouvant être réclamées lors d’une procédure d’arbitrage par les parties lésées est essentielle. L’objectif de telles demandes consiste en...more

Cooley LLP

International Bar Association Publishes 2024 Guidelines on Conflicts of Interest in International Arbitration

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In February 2024, the International Bar Association (IBA) published the 2024 edition of its Guidelines on Conflicts of Interest in International Arbitration....more

Skadden, Arps, Slate, Meagher & Flom LLP

Rising Challenges in Arbitration: Post-Award Bias Allegations and the Evolving Standards of Conflict Disclosure

Users of arbitration know that one of the most important decisions they can make is the selection of the arbitrator. As arbitration grows more ubiquitous, more experienced arbitrators are being selected more frequently, and...more

Hogan Lovells

The IBA publishes revised Guidelines on Conflicts of Interest in International Arbitration (2024)

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The International Bar Association (IBA) Arbitration Committee has revised its Guidelines on Conflicts of Interest in International Arbitration, with the aim of modernizing and refining certain areas, such as third-party...more

A&O Shearman

Proposed Amendments to HKIAC Rules put the Emergency into Emergency Arbitration

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On 23 January 2024, the HKIAC announced a Public Consultation on Proposed Amendments to the 2018 HKIAC Administered Arbitration Rules. The HKIAC’s proposed amendments include enhancements to the mechanism by which a single...more

A&O Shearman

Devas v. Antrix: Ninth Circuit Requires Minimum Contacts for Personal Jurisdiction over Foreign States

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The Ninth Circuit’s February 6, 2024, decision denying rehearing en banc of Devas v. Antrix and upholding its earlier ruling to overturn the enforcement of a $1.3 billion arbitration award diverges significantly from the...more

A&O Shearman

What are the benefits of the planned modernisation of German Arbitration law for practitioners and users?

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German arbitration law is to be reformed to current needs and thus intended to be made more attractive overall. To this end, the German Federal Ministry of Justice on 1 February 2024 published a draft bill for an act to...more

JAMS

Top Considerations for Selecting International Arbitration Seats and the Rise of the U.S. as an International ADR Hub [Podcast]

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In this podcast, JAMS neutrals Laura C. Abrahamson, Esq. FCIArb, Robert Davidson, Esq., FCIArb, and Shelby Grubbs, J.D., FCIArb, discuss selecting a seat for international arbitration proceedings, the current regulatory...more

Skadden, Arps, Slate, Meagher & Flom LLP

Arbitrator Ethics and the Panama Canal Case: the Eleventh Circuit Rejects an “Evident Partiality” Challenge to an Arbitration...

Users of commercial arbitration — particularly those that employ the top institutional rules, such as those of the ICC or ICDR-AAA — have a number of basic expectations. They want their dispute to be decided by competent,...more

Hogan Lovells

Reinforcing Madrid as an attractive seat for international arbitration: CIAM approves new Rules for 2024

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MIAC approves new Rules for 2024, with the main objective of streamlining and expediting the arbitral procedure to adapt it to the needs of international arbitration. The reform includes measures such as the creation of a...more

Fox Rothschild LLP

Understanding the Differences in the Enforcement of Arbitration Awards and Expert Determinations

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Is there a difference in enforcement between an arbitration award and an expert determination pursuant to a contract? The answer is yes, according to a recent ruling by the 3rd Circuit U.S. Court of Appeals that includes...more

Emmet, Marvin & Martin LLP

The Prague Rules Don’t Rule: A Look Into The IBA Challenger, Five Years Later

December 14 of this year will mark the five-year anniversary of the Rules on the Efficient Conduct of Proceedings in International Arbitration (the “Prague Rules”). At the 17th Century Renaissance Martinic Palace in Prague,...more

Cooley LLP

The Benefits and Perils of Expedited Arbitration Clauses

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Companies often complain that international arbitration can be as long of a process as litigation. Therefore, they inquire about faster ways of resolving disputes, such as resorting to expedited arbitration. Many arbitration...more

Bradley Arant Boult Cummings LLP

Grounds for Vacating an Arbitration Award Remain Extremely Limited

The Eleventh Circuit Court of Appeals issued a decision last week upholding an arbitral award, despite the failure of the arbitrators to make certain pertinent disclosures. The case involves an international arbitration...more

Cooley LLP

The Main Institutions of International Arbitration

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International arbitrations may be conducted under the administration of an institution and pursuant to its institutional arbitration rules (institutional arbitration), or they may be subject to the arbitration rules that lack...more

Faegre Drinker Biddle & Reath LLP

Spotlight on Investor-State Dispute Settlement at UNCITRAL’s Annual Meeting

Background - Last week, during its 56th annual commission session in Vienna, the United Nations Committee on International Trade Law (UNCITRAL) adopted several legal texts to reform ISDS procedures. As the principal legal...more

A&O Shearman

New Model Clause for Parties to Designate the SICC as Supervisory Court for Singapore-Seated Arbitrations

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The Singapore International Commercial Court (SICC) recently introduced a new model clause allowing parties to expressly designate the SICC as having jurisdiction over court proceedings relating to Singapore-seated...more

Troutman Pepper

A Change in Course? The Eleventh Circuit May Soon Join Most Circuits on the Applicability of FAA Grounds to Vacate Nondomestic...

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In October 2022, the Eleventh Circuit Court of Appeals granted a petition to rehear the case of Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A. en banc to determine whether enforcement challenges of nondomestic...more

Ankura

Resolving Crypto Disputes Through International Arbitration

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Commercial disputes are often best settled by arbitration rather than in court. That applies to disagreements involving cryptoassets as much as to any other area of business, as Andrew Pimlott explains....more

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