News & Analysis as of

International Arbitration Arbitration

Tokyo Dispute Resolution and Crisis Management Newsletter - December 2017

by King & Spalding on

Suitability of Arbitration Rules for Construction Disputes - Arbitration continues to be the preferred method of dispute resolution for construction disputes. With many large infrastructure projects being financed,...more

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

Controversy surrounds UAE Resolution relating to arbitrations

by Dentons on

New law fuels concern in the legal community - The UAE has spent years investing in international arbitration and has become a well-known hub for large scale disputes. The country has developed well-respected and renowned...more

Court Denies MF Global Holdings’ Bid To Appeal Bankruptcy Court Order Compelling Arbitration

by Carlton Fields on

On October 30, 2017 the Southern District of New York rejected MF Global Holdings’ (“MF Global”) latest attempt to avoid a bankruptcy court order compelling it to submit to arbitration in Bermuda in its coverage dispute with...more

Investors' rights of protection against Venezuela's sovereign debt default

by Allen & Overy LLP on

On 13 November 2017, it was confirmed that Venezuela had defaulted on its sovereign debt after failing to meet the deadline for payment of US$200m of interest on its sovereign bonds due in 2019 and 2024.1 It is expected...more

New home for AFSA and CAJAC

by Hogan Lovells on

New home for the Arbitration Foundation of Southern Africa and the China-Africa Joint Arbitration Centre Johannesburg From 4 December 2017, the Arbitration Foundation of Southern Africa (AFSA) and the China-Africa Joint...more

Don't Rely on the Courts to Score at Arbitration

by Faegre Baker Daniels on

In the recent football case of Bony v Kacou & Ors [2017 EWHC 2146 (Ch)], the High Court was asked to consider whether an arbitration agreement would be implied into a contract. The FA Rules of Association - The Football...more

Despite Heavy Criticism Of The Rationale, British Court Refuses To Enforce Arbitral Award Set Aside By Russian Court

by Carlton Fields on

The British High Court of Justice recently decided not to enforce an arbitral award in a dispute over the calculation of the purchase price of a Russian metallurgical company where a Russian court set aside that award and...more

Argentina’s Arbitration Legal Reform: Steps in the Right Direction?

by WilmerHale on

Argentina is arguably one of the countries with the most untapped economic potential worldwide. Argentina’s government, led by President Mauricio Macri, is trying to change that. Together with undertaking economic and...more

Arbitration World

by K&L Gates LLP on

Welcome to this 35th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and...more

Court Limits Australia's Jurisdiction to Assist International Arbitrations

by Jones Day on

The Situation: Parties to contracts on major projects with a connection to Australia frequently arbitrate disputes elsewhere. The Development: The Federal Court of Australia ("FCA") held that Australian courts do not have...more

International Arbitration Alert: International Arbitration Group Assists Fiji in Adoption of UNCITRAL Model Law on International...

by WilmerHale on

International Arbitration Group Assists Fiji in Adoption of UNCITRAL Model Law on International Commercial Arbitration - On 15 September 2017, the Parliament of the Republic of Fiji enacted the International Arbitration...more

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

Arbitration: a new forum for business and human rights disputes?

by Hogan Lovells on

As the international community turns its focus to the third pillar of the UN Guiding Principles on Business and Human Rights – “Access to Effective Remedy” is the central theme of the upcoming 2017 UN Forum on Business and...more

Following Series Of Procedural Battles, Bankruptcy Court Sends MF Global Holdings Dispute To Arbitration In Bermuda

by Carlton Fields on

In the latest opinion arising from a coverage dispute following MF Global Holdings’s bankruptcy, the Bankruptcy Court in the Southern District of New York sent the dispute to arbitration in Bermuda pursuant to the underlying...more

High Court Reiterates High Threshold for Enforcement of Annulled Awards

by Latham & Watkins LLP on

A High Court decision has reiterated the difficulties international parties face in enforcing in England awards set aside by courts at the seat of arbitration. In Maximov v OJSC Novolipetsky Metallurgichesky Kombinat the...more

'Perception of Bias, Impartiality & Justifiable Doubts': The Case of Arthur Aldcroft

by Reed Smith on

Whether arbitrations are administered or ad hoc, parties within certain industry sectors will often require disputes to be resolved by arbitrators from panels of professional associations, such as GAFTA, FOSFA, LMAA or the...more

Saudi Arabia’s New Implementing Regulations of Arbitration Law

On May 22, 2017, the Saudi Council of Ministers passed the Implementing Regulations of the 2012 Arbitration Law. The Implementing Regulations came into force on June 9, 2017, when they were published in the Saudi Official...more

In Deciding Whether To Vacate Confirmation Of Arbitral Award Subsequently Vacated By Primary Jurisdiction, Second Circuit...

by Carlton Fields on

The Second Circuit recently affirmed a lower court’s decision to vacate its earlier judgment enforcing a Malaysian-based arbitration award against the government of Laos where a Malaysian court subsequently set aside the...more

The widely anticipated UAE law on arbitration – an end in sight?

by White & Case LLP on

By the end of Q4 2017, the United Arab Emirates is expected to enact a new federal arbitration law based on the UNCITRAL Model Law and associated international standards....more

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

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

Eleventh Circuit Defers To Arbitrator’s Interpretation Of Forum Selection Clause In International Dispute And Affirms Award

by Carlton Fields on

Questions of arbitral venue, even in international arbitration, are presumptively for the arbitrator to decide. The court so ruled despite arguments from an Israeli company that the arbitrator’s interpretation of an...more

Eleventh Circuit Holds Arbitrators Have Venue-Setting Authority in International Arbitrations

by Alston & Bird on

In an international arbitration, when an arbitration provision is ambiguous about the seat of the arbitration, who resolves the question? The Eleventh Circuit held last week that interpretation of a venue provision is the...more

New International Rules of Chinese Arbitration Association Streamline Processes

by Jones Day on

The Chinese Arbitration Association ("CAA") adopted the Chinese Arbitration Association International Arbitration Rules 2017 ("CAAI Rules") on July 1, 2017. The Rules—which can apply only to arbitrations seated outside of...more

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