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International Arbitration & Dispute Resolution Blog

36 total results. Page 1 of 2.

On September 10, former US State Department lawyers filed a joint amicus brief in the Supreme Court encouraging the justices to reverse a DC Circuit court decision altering the FSIA.
Timothy J. Feighery, Lee M. Caplan
On July 8, 2020, the US Court of Appeals for the Second Circuit rendered its decision in In Re Application and Petition of Hanwei Guo for an order to take Discovery for Use in a Foreign Proceeding Pursuant to 28 U.S.C. 1782 (No. 19-781) (“Hanwei’), confirming that discovery under 28 U.S.C. §1782 is
Malcolm S. McNeil, Stefan Bogdanovich
On June 1, 2020, the US Supreme Court unanimously ruled a non-signatory to an international arbitration agreement can enforce that agreement and rely on domestic state law doctrines to compel others to arbitrate.
Timothy J. Feighery, Lee M. Caplan, Hunter T. Carter, Malcolm S. McNeil, Ucheora Onwuamaegbu*
The world’s major arbitration institutions have jointly issued a statement encouraging parties and arbitrators to collaborate and discuss “any impact of the pandemic and potential ways to address it in an open and constructive manner.”
Arent Fox LLP, on behalf of UAB Skyroad Leasing, filed a petition in the US District Court for the District of Columbia on March 18, 2020, seeking to enforce an arbitration award of more than $20 million against OJSC Tajik Air, Tajikistan’s state-owned airline.
Timothy J. Feighery, Elliott M. Kroll, Mark S. Fragner
The typical path for the Antitrust Division of the US Department of Justice when it determines that a contemplated merger is anticompetitive is to sue in federal court to block the merger.
Lee M. Caplan, Timothy J. Feighery, Jason Rotstein
The release on December 12, 2019, of the Hague Rules on Business and Human Rights Arbitration (the BHR Rules) offers a new and innovative dispute resolution option in the field of corporate responsibility.
Timothy J. Feighery
IAReporter reports that on January 27, 2020, in the case of Dirk Herzig as Insolvency Administrator of the Assets of Unionmatex v. Turkmenistan, an ICSID tribunal, comprised of Nathalie Voser, Philippe Sands, and Lucy Reed as chair, granted Turkmenistan’s request for security for costs because of th
Claudia D. Hartleben, Timothy J. Feighery
On October 22, 2019, a Dutch Court of Appeal in the Hague set aside an ICC arbitral award in the amount of USD 11.7 million against PDVSA-subsidiary Bariven on the ground that the underlying purchase contract with supplier Wells Ultimate Service was procured through corruption.
Jason Rotstein
Arent Fox’s Jason Rotstein published an article in the Kluwer Arbitration Blog on the enforcement bar is becoming more specialized.
Timothy J. Feighery
The Court of Justice of the European Union (ECJ) issued a judgment determining that a 2013 law of Hungary, that canceled usufruct rights to all except those with “close family ties” with the owner, constituted a deprivation of property under the Charter of Fundamental Rights of the European Union.
Claudia D. Hartleben, Jason Rotstein
On May 20-22, 2019, at the annual meeting of the American Law Institute in Washington, DC, members will vote to adopt the first Restatement of the US Law of International Commercial and Investor-State Arbitration.
Claudia D. Hartleben, Jason Rotstein
The US Supreme Court continues to maintain an ambiguous relationship to arbitration.
Ucheora Onwuamaegbu*
On 12 April, Djibouti became the 163rd country to sign the ICSID Convention. Its membership will be complete once it has ratified the Convention. To date the Convention has been ratified by 153 States.
Jason Rotstein
The New York Convention has been interpreted as favoring the availability of provisional remedies to aid in effectuating a future arbitral award.
Jason Rotstein
The International Chamber of Commerce (ICC) Commission recently released a report on Emergency Arbitrator Proceedings.
Claudia D. Hartleben
An arbitration brought by Petróleos de Venezuela (PDVSA) against Petróleos Paraguayos (Petropar), filed in July 2016 before the Paris-based International Court of Arbitration of the International Chamber of Commerce (ICC), has been temporarily suspended.
Claudia D. Hartleben
Brexit woes in 2018 did not deter parties from referring disputes to the LCIA. The LCIA released its Annual Casework Report, revealing a growing preference for use of the institution’s Rules, increased recourse to expedited procedures, and parties hailing to the LCIA from diverse regions.
Timothy J. Feighery, Jason Rotstein
On March 15, 2019, the International Centre for the Settlement of Disputes released Working Paper # 2 with comments and proposals for amendment of the ICSID Arbitration Rules.
Jason Rotstein
The ongoing process of reform to the ICSID Rules has prompted renewed attention to the place of investor-state mediation.
Jason Rotstein
The Singapore International Arbitration Centre continues to cement its reputation as a leading arbitral venue.
The US Court of Appeals for the Ninth Circuit recently reversed a district court’s order treating an arbitrator’s order as a foreign arbitral award under the New York Convention.
Malcolm S. McNeil
A sole arbitrator issued an award in favor of Rockefeller. Rockefeller then filed a petition to confirm the award as a judgment.
The International Centre for Settlement of Investment Disputes (ICSID) released its 2018 caseload statistics. ICSID registered a record 56 new cases: 49 under the ICSID Convention Arbitration Rules; 6 under the Additional Facility Rules; and 1 under the ICSID Convention Conciliation Rules.
Timothy J. Feighery
January 2019 has been a busy month for the continuing fall-out concerning the ECJ’s March 2018 judgment in the Achmea v. Slovak Republic case.