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Investors' rights of protection against Venezuela's sovereign debt default

by Allen & Overy LLP on

On 13 November 2017, it was confirmed that Venezuela had defaulted on its sovereign debt after failing to meet the deadline for payment of US$200m of interest on its sovereign bonds due in 2019 and 2024.1 It is expected...more

Situs of Debt Owed under Letters of Credit

Supreme Court of England clarifies terms for enforcement of international arbitral awards in Taurus Petroleum Limited v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq [2017] UKSC 64 - The English...more

New home for AFSA and CAJAC

by Hogan Lovells on

New home for the Arbitration Foundation of Southern Africa and the China-Africa Joint Arbitration Centre Johannesburg From 4 December 2017, the Arbitration Foundation of Southern Africa (AFSA) and the China-Africa Joint...more

Energy Newsletter - November 2017

by King & Spalding on

Choice of Law in Host Government Agreements - Choice of law stands as the second “pillar” of contract stabilization, together with stabilization clauses and international arbitration. In fact, choice of law provisions...more

Choice of Law in Host Government Agreements

by King & Spalding on

Choice of law stands as the second “pillar” of contract stabilization, together with stabilization clauses and international arbitration. In fact, choice of law provisions sometimes consist of stabilization clauses in the...more

An Emerging Trend: ICC Guidance Further Encourages Summary Determination of Unmeritorious Claims in International Arbitration

by White & Case LLP on

The ICC has published new guidance encouraging the use of summary procedures to determine unmeritorious claims and defences. The ICC's move is the latest in a recent trend by arbitral institutions to encourage arbitrators to...more

Despite Heavy Criticism Of The Rationale, British Court Refuses To Enforce Arbitral Award Set Aside By Russian Court

by Carlton Fields on

The British High Court of Justice recently decided not to enforce an arbitral award in a dispute over the calculation of the purchase price of a Russian metallurgical company where a Russian court set aside that award and...more

Arbitration World

by K&L Gates LLP on

Welcome to this 35th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and...more

Pivot to Arbitration: China Embraces Arbitration to Promote Investment

In the past several months, China has adopted new arbitration rules and unveiled a new arbitration center to help resolve the inevitable international disputes arising from the development of The Silk Road Economic Belt and...more

Disputing a Final Certificate: Does the Contractor Still Need to Pay?

by Jones Day on

The Situation: Most construction contracts, including AS4000 and AS2124, stipulate that a final certificate is issued following completion of the work, stating the final amount payable between the parties. The Development:...more

Litigating in Ontario

by Dickinson Wright on

As cross-border commerce has become commonplace for so many of our clients and with it the prospect and likelihood of their finding themselves considering or responding to litigation in Canada, there is a need to understand...more

Textile factory safety claims proceed to arbitration under the Bangladesh Accord

by Hogan Lovells on

In a landmark ruling by an arbitration tribunal last month, claims against two global fashion brands under the 2013 Accord on Fire and Building Safety in Bangladesh (the “Bangladesh Accord“) were declared admissible and...more

Court Limits Australia's Jurisdiction to Assist International Arbitrations

by Jones Day on

The Situation: Parties to contracts on major projects with a connection to Australia frequently arbitrate disputes elsewhere. The Development: The Federal Court of Australia ("FCA") held that Australian courts do not have...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

A federal jury in Brooklyn has found former HSBC Holdings exec Mark Johnson guilty on 9 counts of front-running that grew out of the DOJ’s investigation into forex manipulation at HSBC....more

The Evolution of ADR Services for Inbound and Outbound Investment: The Chinese Perspective

by JAMS on

JAMS was extremely proud to host Chinese Supreme Court Justice Hu Shihao and Shanghai People’s High Court Justice Yin Yonglei, along with four senior members of the Shanghai JAMS affiliate, the Shanghai Commercial Mediation...more

Bankruptcy Court Grants MF Global Holdings’ Motion To Reconsider Decision To Compel Arbitration In Bermuda, But Reaches Same...

by Carlton Fields on

On September 6, 2017, the Bankruptcy Court for the Southern District of New York issued the latest order in the ongoing coverage battle between MF Global Holdings (“MF Global”) and Allied World Assurance Company regarding the...more

6 Key Considerations in China-related Arbitrations

by Latham & Watkins LLP on

Differences in enforcement and arbitral rules could cause difficulties for unwary parties engaged in or considering arbitration in mainland China. China’s economic growth has attracted significant foreign investment in...more

OECD releases reviews on BEPS Action 14

by DLA Piper on

The OECD has released analyses of individual country efforts to improve dispute resolution mechanisms. Belgium, Canada, the Netherlands, Switzerland, the United Kingdom and the United States are the subject of this first...more

Intra-EU Bilateral Investment Treaties: compatible with EU law after all?

by White & Case LLP on

In an advisory Opinion to the CJEU, Advocate General Wathelet has advised that an Investor-State Dispute Settlement mechanism between two Member States is not contrary to EU law. He also considers that, in disputes arising...more

Arbitration Award Ruling That, Because of Cultural Differences, a Local Afghan Subcontractor Is Not Bound by the F.A.R. Provisions...

by Pepper Hamilton LLP on

Aspic Eng’g & Constr. Co. v. ECC Centcom Constructors, LLC, No. 17-cv-00224-YGR, 2017 U.S. Dist. LEXIS 111767, at *10-12 (N.D. Cal. July 18, 2017) - This matter came before the Court on a motion to vacate a final...more

International Arbitration Alert: International Arbitration Group Assists Fiji in Adoption of UNCITRAL Model Law on International...

by WilmerHale on

International Arbitration Group Assists Fiji in Adoption of UNCITRAL Model Law on International Commercial Arbitration - On 15 September 2017, the Parliament of the Republic of Fiji enacted the International Arbitration...more

Employment Flash - September 2017

This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including a Texas district court ruling invalidating the Department of Labor's overtime rule; a New York appellate...more

Africa Focus: Arbitration in Africa - Managing risk in a growing market

by White & Case LLP on

Today, many areas of the African economy are still growing despite challenges due to sharp reductions in the price of oil and other natural resources. Besides the industries related to the continent's natural resources,...more

Chris Lazarini Discusses Application of Inter-American Convention on International Commercial Arbitration

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini discussed a case involving an international family dispute over the holdings in a brokerage account. In this instance, the primary owner of the account – a mother living in Columbia...more

Arbitration: a new forum for business and human rights disputes?

by Hogan Lovells on

As the international community turns its focus to the third pillar of the UN Guiding Principles on Business and Human Rights – “Access to Effective Remedy” is the central theme of the upcoming 2017 UN Forum on Business and...more

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