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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.

Separate Requests essential in multi-contract LCIA arbitrations

by White & Case LLP on

A recent English High Court decision is a cautionary tale for claimants under the 2014 LCIA Rules. The Court held that a Request for Arbitration is invalid if it relates to more than one arbitration agreement. Claimants must...more

Africa Focus: Spring 2018: Angola and Mozambique: Oil & gas and mining - Planning for the up-cycle and managing risks in Lusophone...

by White & Case LLP on

Between them, Angola and Mozambique represent 94 percent of the population and 91 percent of the 2017 collective GDP of Lusophone Africa (Figure 1). In the early part of this decade, investors were very optimistic about...more

Kuala Lumpur Regional Centre for Arbitration Rebrands as Asian International Arbitration Centre

by Jones Day on

The Kuala Lumpur Regional Centre for Arbitration ("KLRCA") has officially changed its name to the Asian International Arbitration Centre ("AIAC"). The name change was formally announced on February 7, 2018, during a signing...more

Paris as an international jurisdiction: creation of chambers specialized in cross-border disputes

by White & Case LLP on

On 7 February 2018, in the presence of the French Minister of Justice, agreement protocols were signed by the Court of Appeal, the Commercial Court and the Paris Bar which provide for the creation of a specialist Chamber (or...more

Oh, And One More Thing . . . Issuing A Subpoena For Documents Under 28 U.S.C. § 1782 Also Requires Personal Jurisdiction Over The...

Under 28 U.S.C. § 1782, “[t]he district court of the district in which a person resides or is found may order him to . . . produce a document for use in a proceeding in a foreign or international tribunal . . . .” Courts in...more

A New Era of International Arbitration in Malaysia? The Kuala Lumpur Regional Centre for Arbitration to Become the Asian...

by Morrison & Foerster LLP on

On February 7, 2018, a signing ceremony took place between Malaysian Minister Azalina Othman Said and the Secretary-General of the Asian-African Legal Consultative Organization (AALCO) Kennedy Gastorn for an agreement to...more

The Gulf Crisis—Could it Bring State-to-State Arbitration to the Region?

by Bennett Jones LLP on

In June 2017, Saudi Arabia, the United Arab Emirates (UAE), Bahrain and Egypt cut diplomatic, trade and travel ties with Qatar and imposed a blockade on the Gulf state, accusing it of supporting terrorism and developing a...more

Judicial Tribunal Renders Further Decisions on the DIFC Courts’ Jurisdiction

by White & Case LLP on

The Judicial Tribunal in Dubai has rendered new decisions, continuing to give priority to on-shore Dubai Courts vis-à-vis the offshore DIFC Courts....more

Tokyo Dispute Resolution and Crisis Management Newsletter - February 2018

by King & Spalding on

Attorney-Client Privilege and Corporate E-Mail: Navigating the Morass of Personal Communications in Investigations - Internal investigations are an important process for identifying potential wrongdoing by agents of a...more

Supreme Court of Japan Rules on Arbitrators’ Duty to Disclose Potential Conflicts

Decision adds new burden on arbitrators and creates ill-defined standard for compliance. Arbitrators conducting proceedings in Japan face new requirement of making “reasonable inquiries” throughout proceedings to identify...more

The Paris Court of Appeal Weighs In On International Public Policy

by White & Case LLP on

On 16 January 2018, the Paris Court of Appeal reaffirmed its greater control over international arbitral awards by setting aside an ICC arbitral award in MK Group v. Onix on international public policy grounds because of a...more

‘Home Country’ Arbitration Clause More Trouble Than It’s Worth?

Courts in many countries, including the U.S., generally enforce contracts with clauses specifying international arbitration as the preferred avenue for resolving disputes. Accordingly, when drafting such provisions, due...more

Growing Acceptance of Arbitration in International Commercial Financial Transactions

Financial institutions have historically been skeptical about arbitration in the commercial context. As a result, the documentation used in commercial financial transactions has generally required that disputes be submitted...more

Alert to Privacy Shield Participants: You Could Lose Your Privacy Certification If You Ignore This Warning

by Burns & Levinson LLP on

Recently, Privacy Shield participants started receiving these troubling alerts, purportedly from the International Trade Administration, warning that the recipient organization owes a new fee, and threatening to cancel that...more

New Amendment Seeks to Solidify Singapore’s Foothold as Hub for International Dispute Resolution

by Morgan Lewis on

The latest amendment to the Supreme Court of Judicature act clarifies the Singapore International Commercial Court’s jurisdiction to hear matters relating to international commercial arbitration....more

The Guide to Damages in International Arbitration: Strategic Issues in Employing and Deploying Damages Experts

by WilmerHale on

Parties frequently engage experts to assist in developing, calculating and presenting their cases on damages to tribunals in international arbitration. Such experts may specialise in economics, finance or accounting, or...more

SPC issued two interpretations regarding the judicial review of arbitration cases

by DLA Piper on

In December 2017, Supreme People Court of China (SPC) issued two long-awaited judicial interpretations (each "Interpretation No. 21" and "Interpretation No. 22"), effective on 1 January 2018, to regulate the judicial review...more

The Guide to Damages in International Arbitration: Introduction

by WilmerHale on

There are three types of arbitrators: those who understand numbers and those who don’t. This old joke, adapted to the international arbitration community and repeated at conferences, typically receives nervous laughter...more

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

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