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International Trade Alternative Dispute Resolution (ADR)

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.

Third Circuit Holds Transfer from Non-Debtor Precludes Liability Under Delaware Fraudulent Transfer Law

In Crystallex Int'l Corp. v. Petróleos de Venez., S.A., Nos. 16-4012, 17-1439, 2018 U.S. App. LEXIS 95 (3d Cir. Jan. 3, 2018), the U.S. Court of Appeals held there could be no fraudulent transfer liability under the Delaware...more

Mexico Signs ICSID Convention

On January 11, 2018, Mexico became the 162nd country to sign the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention or the Convention)....more

Recent UK Case Law: Worldwide Freezing Orders in the Enforcement of Arbitral Awards

by McGuireWoods LLP on

A High Court in England and Wales recently confirmed the Court’s ability to order a worldwide freezing order (WFO) to aid enforcement of an arbitral award as a judgment of the Court. In the recent decision of Great...more

Shenzhen Creating One Arbitration Center

by Fox Rothschild LLP on

In an attempt to become a modern hub in Southern China for domestic and international arbitration, the Government of Shenzhen announced at the end of December 2017 that it was combining two arbitration centers. The previous...more

December 2017: International Arbitration Update

Recent Developments in Third-Party Funding in International Arbitration. In recent years, reliance on third-party funding in arbitration has increased. Third-party funding raises two primary issues, which are intertwined: (1)...more

Brexit 2018: The Final Preparations

by Dechert LLP on

2018 is the year that the UK and EU will look to finalise their Brexit deal; to settle the trading arrangements for what could be a lengthy ‘transition period’; and start discussions on the shape of their future long-term...more

Actions by Sub-Saharan OHADA-Member Nations Promote Arbitration

by Jones Day on

The Situation: In November 2017, 17 sub-Saharan African states reformed both their uniform arbitration law and the arbitration rules of their regional arbitration center. The Result: The revision of the Uniform Act on...more

Singapore International Arbitration Centre Issues Proposal to Consolidate Certain Proceedings

by Morgan Lewis on

The proposal focuses on cross-institution cooperation where an application is filed to consolidate multiple international arbitration proceedings. On December 19, 2017, the Singapore International Arbitration Centre (SIAC)...more

3 International Arbitration Trends To Watch In 2018

Charles Adams, the leader of Orrick’s International Arbitration & Dispute Resolution team, recently spoke with Law360 regarding international arbitration trends to watch in 2018. Charles discussed the increased legitimization...more

4 International Arbitration Cases To Watch In 2018

Charles Adams, the leader of Orrick’s International Arbitration & Dispute resolution team, recently spoke with Law360 regarding international arbitration cases to watch in 2018. Charles gave his thoughts on the continuation...more

Business Litigation Report - December 2017

English Fraud Litigation: Weapons of Mass Destruction - Imagine if you could have your opponent’s premises searched, his Gmail, Hotmail, and Yahoo accounts secretly monitored, his assets frozen, his passport seized, and...more

OHADA's 17 African States Adopt the Uniform Act on Mediation

by Jones Day on

The Situation: In November 2017, 17 states of sub-Saharan Africa adopted the Uniform Act on Mediation. The Result: The practice of mediation, although it already has legislative support in Burkina Faso, Ivory Coast, and...more

International Business and Human Rights Arbitration Proposal Gains Momentum

Between November 27-29, over 2,000 delegates gathered in Geneva to attend the UN Forum on Business and Human Rights. The central theme of this year’s Forum was “Realizing Access to Effective Remedy,” which is the third Pillar...more

The role of mediation in business and human rights disputes

by DLA Piper on

The United Nations Forum on Business and Human Rights brings together business, governments, civil society and the legal profession to develop thinking and share best practice in this emerging area of law and practice. This...more

Singapore International Arbitration Centre Proposal on Cross-Institution Consolidation Protocol

by WilmerHale on

On 19 December 2017, the Singapore International Arbitration Centre ('SIAC”) released a proposal on cross-institution cooperation for the consolidation of international arbitral proceedings. The innovative proposal envisages...more

Closed List Arbitrator Appointments: A Case Study

by WilmerHale on

The Selection of international arbitrators is one of the most important aspects of the arbitral process. Established methods span from the selection of arbitrators by agreement between the parties to the selection by...more

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America

NAFTA’s Future Looks Increasingly Uncertain - The United States, Mexico and Canada have now completed the fifth round of negotiations concerning the renegotiation of NAFTA, and the future of the treaty is looking...more

Tokyo Dispute Resolution and Crisis Management Newsletter - December 2017

by King & Spalding on

Suitability of Arbitration Rules for Construction Disputes - Arbitration continues to be the preferred method of dispute resolution for construction disputes. With many large infrastructure projects being financed,...more

Foreign Investments Made before 9 January 2013 Will Soon No Longer Benefit from the Protection Standards Afforded by the...

by K&L Gates LLP on

The bilateral treaty between the Republic of Poland and the Republic of Italy on the promotion and protection of investments signed in Warsaw on 10 May 1989 (the “Polish-Italian BIT”) expired on 9 January 2013. However,...more

October and November Developments

by Sullivan & Worcester on

For the first time in my memory, the Congress passed a joint resolution to disapprove a final regulation of a federal agency—in this case the CFPB and the rule was related to arbitration clauses in contracts for consumer...more

With Mugabe's Departure, Should Foreign Investors Reconsider Zimbabwe?

by Jones Day on

The Situation: In November 2017, Robert Mugabe, the only leader Zimbabwe had known in 37 years, was ousted from power. The Development: Will this change in leadership usher in a new era of good governance and economic...more

Brazilian Labor Reform: Reshaping the Employer–Employee Relationship

by Jones Day on

The Situation: High unemployment rates, combined with an outdated Brazilian protectionist labor regime that imposed high costs on employers, created the opportunity for a new approach to labor regulation. The Result: Brazil...more

International News: Brexit & the US Administration

by McDermott Will & Emery on

Cross Border M&A: The Impact of Brexit, the Trump Administration, and China’s Crackdown on Capital Flight The combination of Brexit, the Trump Administration, and China’s tightening grasp on capital, appear to have created...more

Uniform Domain Name Dispute Resolution Policy (UDRP) – What It Is and When to Use It

One of the first tasks the Internet Corporation for Assigned Names and Numbers (ICANN) faced was how to deal with the dilemma of registering domain names to those that first claim them while respecting trademark law. This was...more

Controversy surrounds UAE Resolution relating to arbitrations

by Dentons on

New law fuels concern in the legal community - The UAE has spent years investing in international arbitration and has become a well-known hub for large scale disputes. The country has developed well-respected and renowned...more

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