News & Analysis as of

Arbitrators International Chamber of Commerce (ICC)

White & Case LLP

The Government of Georgia defeats an ICC arbitration claim of US$ 1.5 billion at its highest over its termination of an investment...

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On 29 July 2024, an ICC arbitration tribunal, chaired by Stephen Drymer and including Jean Kalicki and Charles Adams as co-arbitrators, issued, by majority, an award in favour of the Government of Georgia in a high-profile...more

Fox Rothschild LLP

Consortium That Lost Arbitration Involving Panama Canal Dispute Asks the U.S. Supreme Court to Clarify the Standard Governing the...

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A consortium that was on the losing side of a $238-million arbitration over the construction of the third set of locks for the Panama Canal is asking the United States Supreme Court to review a circuit court opinion that...more

Cooley LLP

UK Court of Appeal Orders Mandatory Final Anti-Suit Injunction in Foreign-Seated Arbitration

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In its recent judgment in UniCredit Bank GmbH v. RusChemAlliance LLC, the Court of Appeal granted a mandatory final anti-suit injunction in support of a French-seated arbitration regarding proceedings brought by the...more

Akin Gump Strauss Hauer & Feld LLP

The Law Commission Publishes Its Final Report of Its Review of the UK Arbitration Act 1996

On 6 September 2023, the Law Commission published the long-awaited final report of its review of the UK Arbitration Act 1996 (the “Act”) and a draft bill setting out the recommended amendments to the Act. The upshot is that...more

Bradley Arant Boult Cummings LLP

Grounds for Vacating an Arbitration Award Remain Extremely Limited

The Eleventh Circuit Court of Appeals issued a decision last week upholding an arbitral award, despite the failure of the arbitrators to make certain pertinent disclosures. The case involves an international arbitration...more

Faegre Drinker Biddle & Reath LLP

Assessing the LCIA’s 2021 Annual Casework Report

On May 17, 2022, the London Court of International Arbitration (LCIA) released its Annual Casework Report, which provides an insight into the LCIA’s caseload in 2021. This follows statistics released by the International...more

Carlton Fields

New York Federal Court Confirms Arbitration Award Under Cyprus-Libya Bilateral Investment Treaty

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On March 23, 2022, a New York federal court confirmed an award in an arbitration before a tribunal of the International Chamber of Commerce (ICC) between Olin Holdings Ltd. and the state of Libya under a bilateral investment...more

Porter Hedges LLP

Recent Trends In International Arbitration And 2021 International Rule Changes

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Perhaps now more than ever, recent technological developments have facilitated cross-border contracting, especially for companies undertaking complex infrastructure construction projects or entering into energy-related...more

A&O Shearman

Kabab-Ji SAL v Kout Food Group: Latest UK Supreme Court Judgment on Governing Law of Arbitration Agreements

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The U.K. Supreme Court recently handed down its long-awaited judgment in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait). The judgment confirmed and applied the principles concerning the governing law of arbitration...more

K&L Gates LLP

HUB Talks: Arbitration World: Fact Witness Evidence in International Arbitration: Is Change on the Horizon?

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Ian Meredith of K&L Gates, Paul Key QC of Essex Court Chambers, and Eduardo Damião Gonçalves of Mattos Filho discuss the issues raised by the ICC Task Force report into fact witness evidence amid the concerns over the...more

WilmerHale

Revised Swiss Rules of Arbitration

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The Swiss Arbitration Centre (formerly known as the Swiss Chambers’ Arbitration Institution (SCAI)) has released revised arbitration rules, which are effective as of 1 June 2021 and apply to arbitration proceedings commenced...more

Sullivan & Worcester

Modernising Disputes: Practical Points to Consider for Litigation and Arbitration

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Although parties rarely consider dispute resolution provisions in any great detail at the contractual negotiation stage of a transaction, they should. Time spent on considering these issues at the outset will ultimately prove...more

Proskauer - Minding Your Business

ICC Expands Automatic Application of Expedited Procedure

ICC arbitrations based on agreements entered into in 2021 and beyond will follow an expedited procedure if the amount in dispute is $3 million or less – up from the previous $2 million or less....more

Fox Rothschild LLP

Florida Federal Court To Examine Issues Of Alleged Arbitrator Conflicts Of Interests In Panama Canal Case

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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

Akin Gump Strauss Hauer & Feld LLP

The Importance of Pre-Arbitral Steps: The Latest English High Court Approach

The Fundamental Problem - International arbitration is facing continued (if not increased) problems stemming from multitier arbitration clauses. What should happen when one party has not complied with a pre-arbitral step...more

Hogan Lovells

Cardinal duty – UK Supreme Court clarifies arbitrators' obligations of impartiality and disclosure

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The United Kingdom (UK) Supreme Court has handed down its much-anticipated judgment in Halliburton Company v. Chubb Bermuda Insurance Ltd [2020] UKSC 48 in respect of Haliburton's application to remove an arbitrator for...more

Hogan Lovells

Halliburton v Chubb: UK Supreme Court clarifies the position on arbitrators’ duties of impartiality and disclosure in...

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In Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, the UK Supreme Court dismissed Halliburton’s appeal concerning its application to remove an arbitrator for apparent bias on the facts. However, it also...more

Holland & Knight LLP

International Chamber of Commerce Updates Its Arbitration Rules for 2021

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The International Court of Arbitration of the International Chamber of Commerce (ICC) published on Dec. 1, 2020, a new version of its Arbitration Rules (2021 Rules), which will apply to all cases registered as of Jan. 1,...more

A&O Shearman

UK Supreme Court clarifies English law on arbitrators’ duties of impartiality, disclosure and confidentiality

A&O Shearman on

In Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, the Supreme Court recognised for the first time that there is an ongoing, statutory duty in English law, which requires arbitrators to disclose facts or...more

WilmerHale

Halliburton v Chubb: U.K. Supreme Court Rules on Arbitrator Bias

WilmerHale on

On 27 November 2020, the U.K. Supreme Court in Halliburton Company v Chubb Bermuda Insurance Ltd (formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 ruled on the approach under English law to determining whether an...more

Jones Day

ICC Adopts 2021 Rules of Arbitration

Jones Day on

The 2021 ICC Rules, which will enter into force on January 1, 2021, include a new requirement for disclosure of third-party funding arrangements. On October 8, 2020, the International Chamber of Commerce ("ICC") announced...more

Akin Gump Strauss Hauer & Feld LLP

Party Nomination of Arbitrators: Égalité of Parties and the 'Dutco Principle'

Party Nomination of Arbitrators - Parties benefit from a broad freedom in nominating arbitrators. In the context of an arbitration seated in France, the French law principle of égalité (equality) between the parties in...more

White & Case LLP

Dissenting Opinion as violation of public policy? The recent annulment decision of the Higher Regional Court of Frankfurt in...

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In a recently published annulment decision, the Higher Regional Court of Frankfurt (docket no. 26 Sch 14/18) by way of obiter dictum expressed its views on dissenting opinions in domestic arbitration proceedings. Although the...more

BCLP

Halliburton v Chubb: The Future of Repeat Appointments

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The English Supreme Court (Lord Reed, Lord Hodge, Lady Black, Lord Lloyd-Jones, and Lady Arden) has finished hearing two days of submissions in the Halliburton Company v Chubb Bermuda Insurance Limited appeal.  The core...more

WilmerHale

International Comparative Legal Guide to International Arbitration 2019 - Chapter Three: Arbitrating in New York: The NYIAC...

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New York is one of the world’s leading arbitration centres. New York regularly ranks first in North America, and now third globally, among all arbitral sites for International Chamber of Commerce (ICC) arbitrations, and it is...more

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