News & Analysis as of

International Arbitration

LATIN AMERICA & THE CARIBBEAN: A Legal Guide for Business Investment and Expansion - Costa Rica

1 .What role does the government of Costa Rica play in approving and regulating foreign direct investment? Costa Rica has long been recognized as a regional leader of social and economic development in Latin America. The...more

Blockchain Backed International Dispute Resolution

by Reed Smith on

Startups often are at the forefront of creating unique solutions with the ability to have a tremendous impact on various industries. The Miami Blockchain Group, a legal technology startup, has created a novel blockchain...more

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

LATIN AMERICA & THE CARIBBEAN: A Legal Guide for Business Investment and Expansion - Colombia

1 .What role does the government of Colombia play in approving and regulating foreign direct investment? Foreign direct investment (FDI) in Colombia is subject to registration with the Colombian Central Bank (Banco de la...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

LATIN AMERICA & THE CARIBBEAN: A Legal Guide for Business Investment and Expansion - Chile

1 .What role does the government of Chile play in approving and regulating foreign direct investment? No governmental prior approval is needed in Chile to initiate or continue an investment from abroad. Foreign...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

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

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

LATIN AMERICA & THE CARIBBEAN A Legal Guide for Business Investment and Expansion - British Virgin Islands

1 .What role does the government of the British Virgin Islands play in approving and regulating foreign direct investment? The British Virgin Islands (commonly referred to as BVI) are a British Overseas Territory. As a...more

International Arbitration Alert - Revision of the DIS Arbitration Rules

by WilmerHale on

The German Institution of Arbitration (Deutsche Institution fu¨r Schiedsgerichtsbarkeit, or “DIS”) has revised its Arbitration Rules (“Rules”). The new Rules came into effect on 1 March 2018 and replace the 1998 DIS Rules....more

The Choice of a Foreign Seat in Domestic Disputes – An Opportunity for one More Step Forward in India’s Journey to Establish...

by WilmerHale on

The growth of India as an arbitral jurisdiction continues to raise interesting questions of principle and policy. This article explores one such question - whether Indian parties have the autonomy to choose a foreign seat. As...more

LATIN AMERICA & THE CARIBBEAN: A Legal Guide for Business Investment and Expansion - Brazil

1 .What role does the government of Brazil play in approving and regulating foreign direct investment? Brazil is a Federation composed by 27 States, 1 Federal District and more than 5,500 Municipalities. Although each...more

U.K. Court Finds Arbitration Respondent Did Not Waive Objection To Jurisdiction Of Arbitration Tribunal

by Carlton Fields on

The Queen’s Bench Division of the U.K.’s High Court of Justice has reversed a partial award by a tribunal of the London Court of International Arbitration (“LCIA”), which held that an arbitration respondent lost its right to...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

LATIN AMERICA & THE CARIBBEAN: A Legal Guide for Business Investment and Expansion - Bermuda

1. What role does the government of Bermuda play in approving and regulating foreign direct investment? The government of Bermuda welcomes foreign investment in Bermuda and is committed to working with industries and...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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