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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.

Japanese Supreme Court Issues Precedent-Setting Decision Interpreting the Japan Arbitration Act

by Morrison & Foerster LLP on

The Supreme Court of Japan recently issued a precedential decision interpreting, for the first time, the arbitrator disclosure requirements of the Japan Arbitration Act (the “Arbitration Act”). The Supreme Court held that...more

The UK releases new guidance on Mutual Agreement Procedures

by DLA Piper on

Her Majesty's Revenue and Customs (HMRC), the UK tax authority, has published revised guidance on the Mutual Agreement Procedure (MAP) in its International Manual (INTM) (at INTM 423000 – INTM423130)....more

Asian International Arbitration Centre 2018 Rules Come Into Force

by Morrison & Foerster LLP on

On March 9, 2018, the Asian International Arbitration Centre (AIAC) unveiled its 2018 Arbitration Rules, which became effective immediately. The new rules update and replace those issued in June 2017, before the AIAC changed...more

European Court of Justice Rules on Intra-EU Bilateral Investment Treaty

by Latham & Watkins LLP on

CJEU ruling on the incompatibility of a BIT provision with EU law may have implications for existing intra-EU BITs. Key Points: ..The CJEU’s decision differs from Advocate-General Melchior Wathelet’s 2017 Opinion and...more

The European Court of Justice Changes the Rules of Investment Treaty Arbitration Game in Europe

by K&L Gates LLP on

6 March 2018, the Court of Justice of the European Union (the “CJEU”) rendered a judgment in the case of the Slovak Republic v Achmea B.V., C-284/16 (the “Achmeajudgment”). The CJEU declared that "Articles 267 and 344 TFEU...more

“Ambiguity” Is Not a Basis to Deny a Petition to Enforce a Foreign Arbitration Award

The drive in the Second Circuit to clarify the rules regarding confirmation and enforcement of various types of arbitration awards continues. The latest addition is the decision in BSH Hausgerate GmbH v. Kamhi, 17 Civ. 5776,...more

SIAC’s Annual Report 2017: SIAC Reaching New Audiences with Introduction of Innovative Arbitration Procedures

by Morrison & Foerster LLP on

On March 7, 2018, the Singapore International Arbitration Centre (“SIAC”) released its annual report for 2017. The highly anticipated report provided insight into the first full calendar year since the SIAC introduced the...more

Investment Arbitration in Latin America: Elections, Trade Agreements, and the ICSID

by Jones Day on

In November 2017, S&P Global Ratings declared Venezuela in default after it failed to make a $200 million coupon payment on its sovereign bonds. Many saw this coming. Since 2014, the country has been mired in a recession that...more

The Court of Justice of the European Union finds the arbitration provision in The Netherlands-Slovakia BIT incompatible with EU...

by Allen & Overy LLP on

On 6 March 2018, the Court of Justice of the European Union (the Court) delivered its judgment in Case C-284/16, Slovakia Republic v Achmea B.V., declaring that the investor-State arbitration provision in the bilateral...more

'Unknown unknowns' and the limits of natural justice challenges in adjudication

by White & Case LLP on

The Singapore High Court has set aside a construction adjudicator's determination for breaching the rules of natural justice. The adjudicator applied the wrong standard of proof without hearing submissions on the issue. This...more

Serbia's Land Conversion Law Raises Prospect of Investment Treaty Claims

by Jones Day on

The Situation: Serbia's recently implemented Land Conversion Law regulates the procedure by which companies convert their land use rights into ownership rights. Although land use rights were previously adequate for companies...more

Investment protection in Latin America: Mexico takes one step forward, Venezuela takes two steps back

by DLA Piper on

Mexico has signed the Convention on the Settlement of Investment Disputes between States and National of other States, better known as the Washington Convention or the ICSID Convention. This important development is expected...more

New Privatization Law opens up broad opportunities for foreign investment in Ukraine (Ukrainian)

by Dentons on

On 2 March 2018, President Poroshenko signed the Law “On Privatization of State Property,” which aims to revolutionize the outdated approach to privatization and establish competitive and transparent procedures for the sale...more

New Privatization Law opens up broad opportunities for foreign investment in Ukraine

by Dentons on

On 2 March 2018, President Poroshenko signed the Law “On Privatization of State Property,” which aims to revolutionize the outdated approach to privatization and establish competitive and transparent procedures for the sale...more

Top 5 Reasons For Life Sciences Companies To Use International Arbitration For Intellectual Property Disputes

Arbitration continues gaining popularity for resolution of cross-border disputes. A 2013 PricewaterhouseCoopers survey shows that 52% of the respondents preferred international arbitration to court litigation and mediation....more

Civil Liability of Arbitrators in the UAE – An Update

by White & Case LLP on

The Dubai Court of Cassation in its recent decision in Case 484/2017 has set a new threshold for establishing the liability of arbitrators in civil matters, thereby providing some much needed clarity on this important issue....more

New DIS RULES after 20 years

by White & Case LLP on

On 1 March 2018, after 579 days of deliberations, the new arbitration rules of the German Institution of Arbitration ("DIS") will enter into force, replacing the previous 1998 DIS Rules. The 2018 DIS Rules include several...more

February 2018: Attaching Debts Due Under Letters of Credit in the UK

Introduction - The case of Taurus Petroleum Limited v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq [2017] UKSC 64 involved Taurus Petroleum Ltd. (“Taurus”), a Geneva-based oil trading company, and...more

Japan Legal Update - Volume 33 | February 2018

by Jones Day on

Disputes - Supreme Court of Japan Overturns the Osaka High Court's Decision Setting Aside an Arbitral Award - On December 12, 2017, the Supreme Court of Japan (Third Petty Bench) overturned the Osaka High Court's...more

The International Arbitration Act: A step in the right direction

by Hogan Lovells on

On 19 December 2017, (former) President Jacob Zuma assented to the International Arbitration Act 15 of 2017 (the IAA). The IAA sees South Africa become the 11th African country to incorporate the United Nations Commission on...more

Formalities Are Important: Avoiding Potential Pitfalls When Commencing Arbitration

by Morrison & Foerster LLP on

Two recent English High Court judgments illustrate the importance of ensuring that your arbitration notice or request fully complies with the formal requirements of the arbitral rules chosen by the parties and that the papers...more

District Court Awarded Ultrasound Device Maker Verasonics $5.6 Million And World-Wide Injunction In Trade Secret Case

by Knobbe Martens on

The United States District Court of Western District of Washington entered a judgment in a trade secret case, Verasonics, Inc. v. Alpinion Medical Systems Co., Ltd. (Case No. 2:14-cv-01820-JCC). The district court confirmed...more

Your Arbitration Is Not Yet Filed, But Attachment in Aid of That Arbitration May Be Available

The courts undoubtedly have the power to grant provisional remedies in aid of a pending arbitration – including temporary restraining orders, preliminary injunctions, and attachments. As a recent Fifth Circuit decision...more

Two Recent Decisions Affirm International Arbitration Clauses Will Be Enforced

Two recent decisions reinforce the willingness of Ontario courts to enforce arbitration clauses, apply the competence-competence doctrine and refer any disputes regarding an arbitrator’s jurisdiction to the arbitrator for...more

Shenzhen Seeks to Solidify Itself as an International Arbitration Hub with the Merger of Two South China Arbitral Institutions

by Morrison & Foerster LLP on

On December 25, 2017, the Shenzhen Arbitration Commission (SAC) and the South China International Economic and Trade Arbitration Commission (SCIETAC) merged to become the Shenzhen Court of International Arbitration (SCIA). ...more

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