As the U.S. Supreme Court currently considers the issue of whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), the lower courts continue to...more
Like some other international arbitration institutions, the International Centre for Dispute Resolution (“ICDR”) recently adopted amendments to its International Dispute Resolution Procedures (the “2021 ICDR Rules”). The...more
3/30/2021
/ Amended Rules ,
Case Consolidation ,
Coronavirus/COVID-19 ,
Counterclaims ,
Cybersecurity ,
Dispositions ,
Dispute Resolution ,
E-Signatures ,
ICDR ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
Joinder ,
Jurisdiction ,
Mediation ,
Third Party Funding ,
Tribunals ,
Videoconference ,
Witnesses
In our recent post, we discussed the split in the federal appeals courts over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), which...more
The parties in a $238-million dispute over the construction of the third set of locks for the Panama Canal is raising issues concerning alleged conflicts of interest on the part of the International Chamber of Commerce...more
As we have discussed in previous posts, federal appeals courts in the United States are split over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C....more
The leading international arbitration institutions, including the London Court of International Arbitration (“LCIA”) and the International Court of Arbitration (“ICC”), are revising their arbitration rules to improve...more
In our recent post, we have discussed the split in the federal appeals courts over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), which...more
The London Court of Arbitration (LCIA) released 2020 update to its arbitration and mediation rules (the “Rules updates”), which comes into effect on October 1, 2020. The purpose of the update is to “aim to make the arbitral...more
8/27/2020
/ Arbitration ,
Arbitration Agreements ,
Coronavirus/COVID-19 ,
Data Protection ,
E-Signatures ,
Electronic Communications ,
International Arbitration ,
LCIA ,
Remote Hearings ,
Tribunals ,
UK ,
Virtual Meetings
A uniform pronouncement of the burden of proof necessary for a party to succeed in summary disposition of a case is conspicuously absent from international arbitration today. The rules for summary disposition of cases...more