News & Analysis as of

ICC

Carlton Fields

English High Court Refuses To Set Aside An Order For Enforcement Of An International Arbitration Award

by Carlton Fields on

This case relates to a dispute between Eastern European Engineering Ltd. (“EEEL”) and Vijay Construction (Proprietary) Ltd. (“VCL”), both of which are incorporated in the Seychelles, arising out of the construction of a hotel...more

Mintz - Arbitration, Mediation, ADR...

New Rules of the Hong Kong International Arbitration Centre Arguably Foster Collective and Opt-In Class Arbitration

The Hong Kong International Arbitration Centre (“HKIAC”) has promulgated a new set of Administered Arbitration Rules (“AAR”), effective November 1, 2018. Among those rules are Articles 27-30 concerning the HKIAC’s powers to...more

WilmerHale

Energy Arbitration in Latin America

by WilmerHale on

Introduction - Commercial and investment arbitration is growing in Latin America. The number of International Chamber of Commerce (ICC) cases in Latin America has increased each year since 2009, and Latin American...more

Carlton Fields

New York Federal Court Confirms Arbitration Award

by Carlton Fields on

The background and full procedural history of this case can be found here. In sum, the dispute stems from a 2011 agreement by KT Corporation and KTSAT Corporation (“KT”), a Korean satellite communications provider, to sell...more

Skadden, Arps, Slate, Meagher & Flom LLP

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

US Courts Will Decide Whether to Enforce US$2 Billion Award Against Petróleos de Venezuela - In April 2018, an International Chamber of Commerce (ICC) tribunal awarded US$2.04 billion in damages to two subsidiaries of U.S....more

Mintz - Arbitration, Mediation, ADR...

Arbitration Jiu Jitsu: Increasing the Pressure to Settle With a “Sealed Settlement Offer”

The cost of arbitration, including attorneys’ fees, can be substantial, commensurate with the matters in dispute. Your desire to settle a dispute that is going to arbitration is often as or more substantial. But sometimes...more

Arnall Golden Gregory LLP

We Agreed to What? Lessons From a Recent Federal Court Decision on Arbitrability

by Arnall Golden Gregory LLP on

Cutting corners in a rush to conclude a lucrative business deal may lead to a contract that misses important legal terms and conditions, such as an arbitration clause, that the company actually intended to include in the...more

McGuireWoods LLP

New York and London Remain Hot Seats for International Arbitrations

by McGuireWoods LLP on

International arbitration is by far the preferred method for resolving cross-border disputes, and London and New York are among the most favored seats for such arbitrations, according to more than 1,100 respondents to “The...more

Hogan Lovells

Can environmental damage be prosecuted as a crime under international law?

by Hogan Lovells on

At last week’s IBA War and Justice Conference, ICC judge Howard Morrison said that international criminal law must develop to accommodate the changing nature of atrocities and the changing nature of conflict.  ...more

Bennett Jones LLP

Pumping the Procedural Brakes: Arbitration Clause Stays Potential Uber Class Action

by Bennett Jones LLP on

Will an arbitration provision in a services agreement between Uber and its drivers prevent the drivers from bringing a class action for being misclassified as contractors? The Ontario Superior Court recently addressed this...more

White & Case LLP

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

Skadden, Arps, Slate, Meagher & Flom LLP

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

Jones Day

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

WilmerHale

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

Latham & Watkins LLP

ICC Court Clarifies Summary Dismissal Procedure in Arbitration

by Latham & Watkins LLP on

In a revised practice note, the ICC Court of Arbitration has provided guidance on the procedure for determining applications for summary dismissal of unmeritorious claims and defences in arbitrations conducted under the ICC...more

White & Case LLP

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

Quinn Emanuel Urquhart & Sullivan, LLP

September 2017: An Update on UK Tax Disputes Including the New UK Corporate Criminal Offense: What Is It and What Should You Do...

Across the world, tax authorities are becoming more aggressive and have sharpened their focus on corporates and multinationals. As a result, tax audits, investigations and disputes have increased significantly, both at the...more

White & Case LLP

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

Latham & Watkins LLP

New York Vacates Arbitral Award With Manifest Disregard Doctrine

by Latham & Watkins LLP on

In Daesang v. The NutraSweet Co. (May 2017), the New York State Supreme Court partially vacated a $100 million International Chamber of Commerce (ICC) arbitral award on the grounds of manifest disregard of the law. Justice...more

Hogan Lovells

ICC opens in the Abu Dhabi Global Market

by Hogan Lovells on

The International Chamber of Commerce ("ICC") has announced that it will open a new arbitration centre in the Abu Dhabi Global Market ("ADGM"), Abu Dhabi's financial freezone located in the Al Maryah Island, which began...more

Pepper Hamilton LLP

International Arbitration Considerations

by Pepper Hamilton LLP on

Over the past decade, the growing number of mergers and acquisitions of engineering and construction (E&C) firms has consolidated the construction industry, creating an increasingly global market with more multinational...more

Farrell Fritz, P.C.

It’s Sweet to be NutraSweet: Commercial Division Overturns Arbitration Award Entered in Favor of Would-be Seller of Aspartame...

by Farrell Fritz, P.C. on

As any seasoned commercial litigator knows, courts are generally loathe to overturn the independent decisions of arbitrators. New York County Commercial Division Justice Charles E. Ramos recently examined the standard for...more

Carlton Fields

Ninth Circuit Finds Incorporation Of ICC Rules Into Arbitration Agreement Constitutes Clear And Unmistakable Evidence Of...

by Carlton Fields on

In a case involving three related contracts, only one of which contained an arbitration agreement, the Ninth Circuit has held that incorporation of the rules of the International Chamber of Commerce (ICC) into an arbitration...more

Dentons

UK arbitration news round-up

by Dentons on

Our arbitration news round-up includes commentary on the following: - The "Brexit effect" on London as a dispute resolution centre. - Recent gender statistics show more women arbitrators appointed. - ICC...more

Wilson Sonsini Goodrich & Rosati

Recent $455 Million Payment Reaffirms Certainty of International Arbitral Awards

One of the most often overlooked features of arbitration in the context of international commercial disputes is the certainty provided by a final award. Recently, Dow Agrosciences paid Bayer Cropscience more than $455 million...more

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