Brendan Casey

Brendan Casey

Akin Gump Strauss Hauer & Feld LLP

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A High Point for On-Demand Bonds: English Court of Appeal Questions ‘Paget’s Presumption’; English High Court Rejects Emergency...

On-Demand Bonds or Guarantees are preferred relative to “see to it” Bonds or Guarantees. This is because under On-Demand Bonds the obligation to pay arises through a demand being made under the Bond whereas under a “see to...more

10/15/2021  /  Arbitration , Arbitration Agreements , Arbitrators , Bonds , Financial Institutions , International Arbitration , Singapore , Unconscionable Contracts

The Importance of Pre-Arbitral Steps: The Latest English High Court Approach

The Fundamental Problem - International arbitration is facing continued (if not increased) problems stemming from multitier arbitration clauses. What should happen when one party has not complied with a pre-arbitral step...more

2/23/2021  /  Arbitration Agreements , Arbitrators , Emergency Arbitration Provisions , International Arbitration , International Chamber of Commerce (ICC) , Jurisdiction

New SIAC Rules: The Need For Refinement

Last month, the Singapore International Arbitration Centre (SIAC) started a review and revision of its 2016 Rules (the “2020 Review”). The 2016 Rules introduced a number of novel provisions to address “early dismissal of...more

8/6/2020  /  Arbitration , Arbitration Awards , Arbitrators , Conflicts of Interest , Cybersecurity , Data Privacy , Disclosure Requirements , Dismissals , Emergency Arbitration Provisions , International Arbitration , Sanctions , SIAC , Singapore

The Law of an Arbitration Agreement: Is it the Law of the Seat or the Law of the Underlying Contract? – Paris Contradicts London

If there is no express law of the arbitration agreement, the law with which that agreement has its closest and most real connection is either the law of the underlying contract or the law of the seat of the arbitration. In...more

6/30/2020  /  Appeals , Arbitration , Arbitration Agreements , Arbitration Awards , Arbitrators , Choice-of-Law , England , France , International Arbitration

The Law of an Arbitration Agreement: Is it the law of the seat or the law of the underlying contract?

If there is no express law of the arbitration agreement, the law with which that agreement has its closest and most real connection is either the law of the underlying contract or the law of the seat of the arbitration. The...more

1/30/2020  /  Arbitration , Arbitration Agreements , Arbitrators , Choice-of-Law , Contract Terms , Franchise Agreements , International Arbitration , Jurisdiction , Oral Modification , UK

The English High Court Shuts Out “Inadequate Reasons” as a Basis to Set Aside an International Arbitration Award –...

Where London is the Seat those involved in international arbitration ought to know that challenges under Section 68 of the Arbitration Act 1996, (the “Act”) require highly exceptional conditions. We say this because Section...more

8/21/2019  /  Arbitration , Arbitration Agreements , Arbitration Awards , Arbitrators , International Arbitration , UK

ICSID Rules Reform: Public Comments Are Due Before the End of December

• The current reform of the ICSID Rules, launched in October 2016, is the most far-reaching amendment process in over 50 years. • The reform aims at modernizing and simplifying the Rules, enhancing the balance between...more

12/10/2018  /  Arbitration , Arbitration Awards , Arbitrators , Bifurcation , Comment Period , Electronic Filing , ICSID , Investors , Member State , Proposed Rules , Public Comment , Third Party Funding , Transparency
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