The Abu Dhabi Court of Cassation has ruled that an arbitration seated in Abu Dhabi and conducted under the International Chamber of Commerce (ICC) arbitration rules (ICC Rules) was seated in the Abu Dhabi Global Market...more
The decision in the case of Kabab-Ji vs Kout Food issued on 28 September 2022 by France’s highest Court brings into particularly sharp focus the French and English court’s differing stance in deciding the law applicable to an...more
The Swiss Rules of International Arbitration (hereinafter “Swiss Rules”) apply to all relevant proceedings in which the Notice of Arbitration was filed after 1 June 2021. They replace the 2012 version of the Swiss Rules and...more
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
In recent years, the International Chamber of Commerce (the ICC) has turned its attention to the preparation and testing of fact witness evidence in international arbitration and enlisted the help of a task force to...more
On 17 May 2021, the London Court of International Arbitration (LCIA) released its 2020 Annual Casework Report, which provides an insight into the LCIA’s caseload in 2020, and the impact the COVID-19 pandemic has had on its...more
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
In a recently published ruling, the Supreme Court of Canada analyzed and interpreted the validity of an arbitration agreement signed between Uber Technologies Inc. (“Uber”) and one of its drivers. Uber Technologies, Inc....more
Like some other international arbitration institutions, the International Centre for Dispute Resolution (“ICDR”) recently adopted amendments to its International Dispute Resolution Procedures (the “2021 ICDR Rules”). The...more
The International Chamber of Commerce’s (“ICC”) preliminary statistics for 2020 reveal a record total of new arbitration and Alternative Dispute Resolution (“ADR”) cases, reflecting the predicted growth in ICC dispute...more
This edition offers insights regarding COVID-19 ’s impact on mergers and acquisitions and on construction projects, recent changes to International Chamber of Commerce rules, and developments relating to discovery in aid of...more
The International Chamber of Commerce (ICC) has released revised arbitration rules, which are expected to become effective from 1 January 2021 and apply to arbitration proceedings commenced after that date. ...more
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
As it continues to enjoy record caseloads during the COVID-19 pandemic, the International Court of Arbitration of the International Chamber of Commerce (the "ICC" or "Court") sets out its vision for the future of dispute...more
International arbitration remains the dispute resolution mechanism of choice for cross-border disputes. Although this is a global trend, recent years have seen a significant increase in the use of international arbitration to...more
A uniform pronouncement of the burden of proof necessary for a party to succeed in summary disposition of a case is conspicuously absent from international arbitration today. The rules for summary disposition of cases...more
The International Chamber of Commerce (“ICC”) recently released its arbitration case statistics for 2019. Notable highlights of 2019 are a rise in the popularity of arbitration for parties from various countries, including a...more
Impact of COVID-19 on Cross-Border Disputes - Cross-border disputes in the year 2020 are likely to be significantly impacted by the current outbreak of COVID-19, and disputes involving Latin America are no exception. The...more
COVID-19 has caused a widespread evaluation of how existing therapies could assist in treating this new pathogen. This OnPoint does something similar – though, of course, considerably less important. It examines how dispute...more
The ICC has identified six procedural features for parties to consider when arbitrating climate change related disputes. Introduction - The ICC Task Force on the Arbitration of Climate Change Related Disputes released...more
Recent U.S. court decisions demonstrate that international arbitration remains a widely used and potentially attractive method for resolving international business disputes, largely due to the relative ease of enforcing...more
On January 1, 2020, the most recent version of Incoterms® came into force. Among the changes are a new Incoterm, DPU (described below), new carriage security obligations for each Incoterm, cost clarifications, and changes to...more
The International Chamber of Commerce (“ICC”) has just released its Report on “Resolving Climate Change Disputes through Arbitration” (the “Report”). The long-awaited Report is the result of almost two years of work by the...more
US parties should consider international arbitration, rather than standard NDA dispute resolution provisions, to resolve disputes that include a foreign counterparty. Key Points: ..Injunctive relief ordered by a US...more
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