International Arbitration Arbitration

News & Analysis as of

Arbitration Article Series I: Rise of Arbitration

The UAE has rapidly emerged as a leading financial centre, attracting large global investors and businesses. As international developers and contractors continue to invest in construction projects, there has been an...more

The SIAC Revises Its Arbitration Rules

The Singapore International Arbitration Centre (“SIAC”) has introduced its sixth edition of the SIAC Arbitration Rules (the “New Rules”), replacing the fifth edition of 2013. The New Rules incorporate international best...more

Hong Kong Law Update: Using the Common Law to Enforce an Arbitral Award

A successful party in an arbitration made efforts to enforce an arbitral award in its favour in Hong Kong by means of the statutory process to enforce an arbitral award as if it were a judgment of the Hong Kong Court, only to...more

New Arbitrators, New Code of Ethics for the KCAB

Just recently the Korean Commercial Arbitration Board (KCAB) announced both the appointment of new arbitrators and the adoption of a new Code of Ethics for Arbitrators in 2016. Both changes demonstrate the KCAB’s continued...more

Arbitration and the Courts – A Question of Balance

Lord Thomas has delivered a speech calling for the relationship between arbitration and the courts in England and Wales to be rebalanced. This has elicited strong responses from prominent members of the arbitration community,...more

May 2016: International Arbitration Update

García’s Green Light to Dual Nationals in Investor-State Arbitration. The decision in Serafín García Armas v. República Bolivariana de Venezuela, PCA Case No. 2013-3, Decision on Jurisdiction (Dec. 14, 2014) touches on a very...more

Blog: What US GCs Should Know About Drafting International Arbitration Clauses

Preliminary Considerations - Consider likely nature of the dispute. Thinking about what may go wrong with a contract, can be as important as the planning to make it go right. Key issues such as where an arbitration...more

April 2016 Arbitration Update - Avoiding the Void: Arbitration Clauses in Australian Standard Form Consumer Contracts

Consumer contracts in the 21st century frequently contain arbitration clauses. Online sellers, transport service providers, telephone companies, social media websites and even dating apps are all requiring consumers to sign...more

UK Court Addresses Arbitrator’s Purported Conflict Of Interest

A dispute arose over a project in Iraq between a British Virgin Island claimant and a Malaysian defendant with a sole Canadian QC arbitrator. The claimant’s challenge of the arbitrator’s award was based upon bias because of...more

Appointing an arbitrator to protect time for counterclaims

Mr Justice Knowles CBE’s judgment in Glencore International AG v (1) PT Tera Logistic Indonesia (2) PT Arpeni Pra [2016] EWHC 82 (Comm) considered whether the wording of a notice of appointment of an arbitrator was sufficient...more

[Event] International Arbitration Boot Camp: Do You Want Someone Else to Pay Your Legal Fees? It's Possible–Third-Party Funding of...

Third-Party Funding of International Arbitration and Litigation will explore what to expect when involving third parties (e.g., investment firms) to fund your litigation or arbitration....more

"Challenging the Selection of Party-Appointed Arbitrators"

As arbitration continues to be widely utilized in international commerce, the issue of how arbitrators should handle conflict checks, and who is suitable for appointment as arbitrator in complex cases, will remain a vital...more

"Key Takeaways: Back to Basics - A Primer on the Differences Between Litigating and Arbitrating International Disputes"

Large, transnational corporations increasingly face the question of whether to litigate their disputes in local courts or to include in their agreements provisions providing for the resolution of disputes by alternative means...more

Indian Parliament Enacts Revisions to the 1996 Arbitration Act

On 11 December 2015, we provided a summary of revisions to the 1996 Indian Arbitration and Conciliation Act (the “Act”) made by the President of India through the 2015 Arbitration and Conciliation (Amendment) Ordinance that...more

State Statute Of Limitations For Recognition Of Foreign Judgments Held Not Preempted By FAA

National Aluminum Co., Ltd. (“NALCO”) prevailed in arbitration held in India against Peak Chemical Corp. in 2005. Ultimately, the award was affirmed on appeal by an Indian court in February 2012. When earlier this year, NALCO...more

Getting the Deal Through," Dispute Resolution 2015

What is the structure of the civil court system? Michigan has federal courts and state courts. Michigan’s state courts include but are not limited to a Supreme Court, a Court of Appeals, circuit courts with general...more

LCIA Publishes Analysis of Average LCIA Arbitration Costs and Duration

LCIA’s analysis includes a comparison of its arbitration costs against corresponding amounts for ICC, SIAC, and HKIAC proceedings. On 3 November, the London Court of International Arbitration (LCIA) published a...more

South Korea: The case for arbitration - South Korea: Building for the future

Arbitration for dispute resolution has many potential benefits over litigation for South Korean companies involved in complex, cross-border projects. South Korean companies have been actively involved in international...more

Third party arbitration funding gets support in Hong Kong

The Law Reform Commission of Hong Kong recently published a Consultation Paper recommending that the Arbitration Ordinance should be amended to expressly permit third party arbitration funding along with appropriate ethical...more

India Overhauls Its Arbitration Regime

Sweeping changes have been made to India's arbitration legislation, the Arbitration and Conciliation Act, 1996 (the "1996 Act"). These changes have been made through an executive ordinance and came into effect on 23 October...more

Realtime Reporting – A Mutual Benefit

In a previous blog I had mentioned that there is a need for court reporters. At the same time, it is also very important for the reporters on duty today to stay up to date with technology to serve the constantly evolving...more

ICC International Court Of Arbitration Decides To Communicate Reasons, Increasing Institutional Transparency

The recent decision of the International Court of Arbitration of the International Chamber of Commerce (ICC Court) to communicate reasons for certain administrative decisions taken under the ICC Rules of Arbitration,...more

Further reassurance from the Indian Supreme Court for companies arbitrating Indian disputes abroad

Three years after its landmark judgment in Bharat Aluminium Co. v. Kaiser Aluminium Technical Services, Inc., the Supreme Court of India in its decision in Union of India v. Reliance Industries has reaffirmed its commitment...more

International Arbitration Newsletter (Oct 2015)

Anti-Suit Awards Are Compatible With the Original Brussels I Regulation. (Gazprom OAO v Republic of Lithuania, Case C-536/13, Judgment dated 13 May 2015) The European Court of Justice decision in Gazprom v....more

[Event] Planning and Protecting Your Projects Through International Contracts – Beyond the Boilerplate - Oct. 29th, Houston, TX

Please join BakerHostetler’s International Disputes practice team on Thursday, October 29, 2015, from 7:30 - 9:00 a.m. CDT (WEBINAR will start at 8:00 a.m. CDT), for the first program in a series of in-depth presentations and...more

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