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US Supreme Court Closes the Door on § 1782 Discovery in Aid of Foreign International Arbitrations

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

Doglemor Trade Limited v. Caledor Consulting Limited: Correction of Errors in Arbitral Awards

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

U.K. Supreme Court Confirms That Arbitrators Are Under a Legal Duty to Disclose Matters Which Would or Might Create an Appearance...

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

Updated LCIA Arbitration Rules (2020) issued

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

Potential treaty claims against the United Kingdom, whatever the result of the General Election

With the UK General Election on 12 December 2019 only days away, both of the leading parties are promising policies that in different ways may impact inward investors into the UK. Whether this is the rapid Brexit promised by...more

Recent ECT Claims - Impact for Energy Investors and Governments

The last few weeks have seen a raft of new investor-state arbitrations under the Energy Charter Treaty (ECT), including the first known investor-state claim against the European Union (EU) itself. These claims largely arise...more

Sixth Circuit Approves Discovery in Aid of Foreign Private Arbitrations

• 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

ICC issues Practice Note on Three Hot-Topics in International Arbitration: an Arbitrator’s Duty of Disclosure; Transparency in...

• 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

Second Circuit and New York Appellate Division Decisions Affirm Pro-Arbitration Policies

• 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

Launch of the “Prague Rules”: an Attempt to Improve Efficiency in International Arbitration

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

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