News & Analysis as of

International Arbitration International Litigation

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

ICC rules of arbitration have been amended

by DLA Piper on

The ICC Rules of Arbitration revision comes into force on 1 March 2017. By this action the ICC continues its efforts to make arbitration more time and cost effective. The most important change concerns the Expedited...more

In Chinese Investment Treaties, Questions Arise on Who Qualifies for Protection

Despite recent criticism from some quarters concerning the use of investment treaties and free trade agreements, the Chinese investment treaty system remains firmly in place. Since 1982, the People's Republic of China (PRC)...more

Singapore to permit third party funding of international arbitrations

by Dechert LLP on

Singapore is poised to become the first jurisdiction in Asia to introduce legislation permitting the use of third party funding in support of international arbitrations and related proceedings.? This follows the passing of...more

International Arbitration Newsletter - January 2017

by Latham & Watkins LLP on

New “Expedited Procedure” aims to fast-track lower value disputes. On 4 November 2016, the International Chamber of Commerce (ICC) released amendments to its Arbitration Rules (the 2016 Rules), which will come into...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

The Express Lane for claims under US$ 2 Million: The new ICC Expedited Procedure Rules

by White & Case LLP on

On 4 November 2016, the ICC announced an amendment to the 2012 ICC Arbitration Rules to incorporate a set of new Expedited Procedure Rules for smaller claims with effect from 1 March 2017. The Expedited Procedure Rules shall...more

Brexit: Potential Implications for International Arbitration in London

by Shearman & Sterling LLP on

This note discusses the reasons why Brexit is unlikely to adversely impact London’s position as a leading centre for international arbitration. It further sets out some of the areas in which international arbitration in...more

Brexit: Service - Implications for Contracting Parties and Disputes

by Morrison & Foerster LLP on

The process of Brexit will take many years, and the implications for our clients’ business will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and...more

Brexit: Recognition and Enforcement of Judgments - Implications for Contracting Parties and Disputes

by Morrison & Foerster LLP on

The process of Brexit will take many years, and the implications for our clients’ business will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and...more

Brexit: Governing Law - Implications for Contracting Parties and Disputes

by Morrison & Foerster LLP on

The process of Brexit will take many years, and the implications for our clients’ business will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and...more

D.C. Circuit Further Restricts the Scope of Foreign Sovereign Liability for Acts of State-Owned Companies

by BakerHostetler on

Those doing business with foreign governments would be wise to adhere to the dictate of caveat venditor: seller beware. Cross-border “government” contracting often involves doing business not directly with the sovereign...more

The Impact of the New Choice of Court Agreements Act 2016

by Allen & Overy LLP on

The Choice of Court Agreements Act 2016 (CCAA) was passed by the Singapore Parliament on 14 April 2016. It is not yet in force, but the Ministry of Law has stated that it will come into force this year. The CCAA provides for...more

New York Enforcement Update

by King & Spalding on

New York has long been a critical enforcement venue for parties holding unsatisfied arbitral awards and/or judgments. New York is the financial capital of the United States, and that reality, coupled with the state’s expert...more

First Department Finds Forum Selection Clause in Earlier Agreement Valid Despite Later Agreement Providing for Arbitration

In a 3-2 split decision, a New York appellate court determined that a forum selection clause providing for litigation in New York courts had not been explicitly terminated and thus trumped agreements to submit to arbitration...more

"Weaknesses" In The IBA Guidelines On Conflicts Of Interest

by Allen & Overy LLP on

There has recently been a push among some members of the international arbitration community to make the application of so-called “soft law”, such as the IBA Guidelines on Conflicts of Interest in International Arbitration...more

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

by BakerHostetler on

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

Top 2016 Litigation Issues Facing the Auto Supply Chain

by Foley & Lardner LLP on

Nobody likes a fight. Well, almost nobody. Trial lawyers, boxers, and MMA fighters might be the only ones. But, in business, the occasional fight is pretty much inevitable. What fights do we foresee for those in the auto...more

"The Trans-Pacific Partnership and What It Means for Pre-Existing Treaties"

On November 5, 2015, after seven years of high-stakes negotiations, the Office of the United States Trade Representative released the draft Trans-Pacific Partnership (TPP), a proposed free trade agreement among the United...more

"Expropriation Damages in Cases Involving Investment Treaties"

Most investment treaties assure investors that, in the event of expropriation, they will receive compensation based on the market value of the enterprise at the time of seizure (excluding the negative valuation effects of any...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

December 2015: International Arbitration Update

Increasing Trend of Requiring Disclosure of Litigation Funding Agreements in International Arbitration. Third-party funding of litigation is a fast- growing industry, and funders have become increasingly active in funding...more

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

The Global law firm Orrick, Herrington & Sutcliffe LLP takes great pride in announcing the Fall 2015 edition of The World in US Courts: Orrick’s Quarterly Review of Decisions Applying US Law To Global Business and...more

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

by BakerHostetler on

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

2015 International Arbitration Survey: Improvements and Innovations in International Arbitration

by White & Case LLP on

International arbitration is constantly evolving in response to the changing needs of its users. Its adaptability and party-driven nature allow for a system and processes that can be tailored as required. Stakeholders at all...more

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