The English Court has upheld a challenge to an US$11 billion arbitration award against Nigeria on grounds that it was obtained fraudulently and “only by practising the most severe abuses of the arbitral process”, contrary to...more
The upcoming changes to the UK Arbitration Act are an important development for energy practitioners. That’s because arbitration is the default means to resolve cross-border energy and natural resources disputes, and London...more
On 6 September 2023, the Law Commission published the long-awaited final report of its review of the UK Arbitration Act 1996 (the “Act”) and a draft bill setting out the recommended amendments to the Act. The upshot is that...more
In a decision with global arbitral significance, the U.S. Supreme Court has now clarified that § 1782 discovery is not available in support of foreign private international arbitration proceedings. Parties subject to U.S....more
6/15/2022
/ 28 U.S.C. § 1782 ,
Arbitration ,
Business Disputes ,
Commercial Arbitration ,
Discovery ,
Document Productions ,
Foreign Jurisdictions ,
Foreign Tribunals ,
International Arbitration ,
International Litigation ,
Litigation Strategies ,
SCOTUS
Disputes as to the licensing of standard-essential patents (SEP) and determination of fair, reasonable and non-discriminatory (FRAND) terms are typically resolved through either negotiation or litigation in national courts....more
Finality is often cited as an advantage of arbitration. But what happens if there is a clear error or irregularity in an award? Institutional rules and national arbitration laws typically provide a limited mechanism to...more
In a landmark decision handed down on November 27, 2020, the U.K. Supreme Court has confirmed that the English law of arbitration imposes a duty on arbitrators to disclose matters which would or might lead to the conclusion...more
12/2/2020
/ Arbitration ,
Arbitrators ,
Bias ,
Conflicts of Interest ,
Corporate Counsel ,
Duty of Confidentiality ,
Duty to Disclose ,
International Arbitration ,
International Bar Association (IBA) ,
Personal Liability ,
UK Supreme Court
The London Court of International Arbitration (LCIA) has issued updated arbitration rules (the “2020 Rules”). These include some important changes, many of which are designed to address users’ concern to improve time and...more
8/13/2020
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Case Consolidation ,
Case Management ,
Data Protection ,
Dismissals ,
Information Security ,
International Arbitration ,
LCIA ,
Remote Hearings ,
Tribunals
There are currently substantial commercial incentives for Asian buyers to seek price adjustments under their long-term liquefied natural gas (LNG) contracts. In Part 1 of this series we outlined the elements of an effective...more
• The 6th Circuit Court of Appeals recently approved the use of 28 U.S.C. 1782(a) to obtain discovery in connection with a commercial arbitration proceeding occurring outside the United States.
• The decision establishes a...more
10/8/2019
/ 28 U.S.C. § 1782 ,
Appeals ,
Arbitration ,
Discovery ,
Document Productions ,
Foreign Arbitration Clauses ,
Foreign Tribunals ,
International Arbitration ,
Scope of Discovery Requests ,
Split of Authority ,
Statutory Interpretation
In Sabbagh v. Khoury [2019] EWCA Civ. 1219, the English Court of Appeal has held that English courts have the power, in “exceptional cases”, to grant anti-arbitration injunctions to restrain an arbitration seated abroad—even...more
• The International Court of Arbitration (the “Court”) of the ICC has published a Note to Parties and Arbitral Tribunals on the conduct of the arbitration under the ICC Rules of Arbitration (the “Note” or the “2019 Note”)...more
2/22/2019
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Commercial Arbitration ,
Data Protection ,
Disclosure Requirements ,
Duty to Disclose ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
Investor-State Arbitration ,
Transparency ,
Tribunals
• In Deasang Corp. v. NutraSweet Co., the Appellate Division overturned a ruling by a lower court vacating an arbitral award on the ground that the arbitral panel manifestly disregarded the law. The Appellate Division...more
2/4/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Awards ,
Arbitrators ,
Breach of Contract ,
Corporate Counsel ,
Fraudulent Inducement ,
International Arbitration ,
Manifest Disregard ,
Motion to Vacate ,
Reinstatement ,
Rescission
In December 2018 the “Prague Rules” were released, providing users of international arbitration with suggested streamlined procedures aimed at increasing speed and reducing cost. It is intended that this will be achieved...more
In a recent important decision for arbitrations seated in England, the English Court of Appeal has, for the first time, considered the scope of arbitrators’ duty of disclosure. The court in Halliburton v. Chubb found that the...more