An ICSID award rendered in May 2017 awarded damages of €128 million to the claimant-investors. However, in June 2020 the Award was annulled by an ICSID annulment committee because one of the arbitrators failed to disclose his relationship with the claimant-investors' expert.
(9/04/20)Carrie Shu Shang
On September 3, 2020, the University of New South Wales's China International Business and Economic Law held an online conference on COVID-19 and Digitalization of Dispute Resolution. The conference centered around how rapid digitalization of dispute resolution methods impacted access to justice in China.
Jeffery D. Polsky, a partner at a San Francisco law firm experienced in labor and employment matters, describes the pros and cons of mandatory workplace arbitration so as to enable employers to make informed decisions regarding the course of action they can take to tackle any labor or employment issues.
(9/01/20)Catharine Titi, Amy Schmitz
Arbitration Conversation Episode 20: In this edition Amy interviews Prof. Catharine Titi of the University of Paris Center for Law and Economics on investment treaty arbitration and UNCITRAL Working Group 3.
Recently, the Supreme Court ruled in GE Energy Power Conversion France SAS v. Outokump Stainless USA that, the New York Convention on Enforcement of Foreign Arbitral Awards is not in conflict with the domestic equitable estoppel doctrines that would allow the enforcement of arbitration agreements by non-signatory parties.
This article discusses the case of Syndicat de la copropriété Clark et Fleury v. Généreux, where Justice Mark Phillips issued a sequence of orders requiring the parties’ to exhaust the steps related to each of their competing dispute resolution procedural approaches.
(8/31/20)Patrick Kingsley, Benjamin Gordon
This article examines the pros and cons of utilizing 'Final-Offer Arbitration' or 'Baseball Arbitration' for the resolution of construction disputes.
This article examines Technologies Inc v Heller from an international commercial arbitration perspective by focusing on two specific issues namely, the Court’s application of a provincial domestic, rather than international, arbitration statute to Uber and Heller’s international arbitration agreement.
An Illinois federal judge confirmed a AAA arbitrator’s finding that a legal malpractice suit was barred by the statute of limitations, finally ending a nearly 5-year old case against one of three Chicago lawyers accused of mishandling an underlying business dispute related to the ownership of a patent portfolio.
This article describes the virtues of the International Arbitration Review, edited by James H. Carter and published once a year, in providing an analytical overview of the legal structures and developments in each of the important arbitration jurisdictions in the world.
(8/26/20)Anthony Daimsis, Amy Schmitz
In this episode of The Arbitration Conversation Amy interviews Prof. Anthony Daimsis of the University of Ottawa on the Uber case in Canada and unconscionability applied to the arbitration clause at issue.
(8/25/20)Jacob Kaplan, Isabella de la Guardia
A Florida district court held in Corporación AIC SA v. Hidroelectrica Santa Rita SA, that the grounds for vacatur under Section 10 of the Federal Arbitration Act are inapplicable to an international arbitration award governed by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
The Supreme Court of the United States is being asked to take up the issue of whether to let stand a decision upholding a large Arbitral Award issued by a numerically unbalanced panel.
(8/25/20)Brenda Horrigan, Guillermo García-Perrote, Harry Thompson
The Australian Federal Court has granted an application to enforce a foreign arbitral award despite procedural irregularities in the arbitration proceedings in the case of Energy City Qatar Holding Company v Hub Street Equipment Pty Ltd.
This article discusses the case of Borschel v. Borschel where a civil court in Ontario, Canada, issued an anti-suit injunction restraining a party to arbitration awards and subject to Ontario law, from pursuing parallel proceedings in a jurisdiction within the United States.
The Ninth Circuit allowed Amazon delivery drivers to proceed with a nationwide class-action suit in place of arbitration while holding that these drivers are exempt from the Federal Arbitration Act as they are engaged in interstate commerce.
(8/23/20)Aric Garza, Amy Schmitz
Arbitration Conversation Episode 18: Amy interviews the "Blues Lawyer" Aric Garza from San Antonio, Texas on consumer arbitration.
A Seychelles based legal entity which is controlled by a Swiss citizen has initiated arbitration proceedings against Switzerland at the ICSID, by relying on the provisions of the Swiss-Hungarian Bilateral Investment Treaty (BIT).
(8/20/20)Jo Delaney, Charlotte Hendriks, Lucy Baker
In Energy City Qatar Holding Company v Hub Street Equipment Pty Ltd, the Federal Court of Australia (FCA) enforced an arbitral award as a judgment of the court. Notably, the FCA enforced the award in circumstances where the respondent did not participate in the proceedings but later attempted to raise procedural irregularities to prevent enforcement of the award.
(8/20/20)George Burn, Victoria Clark
The LCIA has released an update to the LCIA Arbitration Rules. The new rules will apply to arbitrations commenced on or after 1 October 2020, unless parties have expressly agreed that an earlier version of the LCIA Rules should apply.
(8/19/20)Bill McGrath, Amy Schmitz
In this episode of The Arbitration Conversation Amy interviews Arbitrator Bill McGrath about motions in arbitration.
(8/18/20)Ulyana Bardyn, Levon Golendukhin
The guarantee of full protection and security (FP&S) is present in a majority of investment protection treaties. This article examines the two components of FP&S standard, which require states to refrain from actively interfering with foreign investments and also imposes on them, an obligation of due diligence and vigilance in protecting investments from actions of third parties.
In light of the International Council for Commercial Arbitration's recently published “Report of the Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings”, and the concerted effort by the international arbitral community to encourage the appointment of more female arbitrators, this article discusses the further steps that can be taken to improve gender diversity in arbitral tribunal appointments.
(8/18/20)Eric Martin, Steven Alagna
This article discusses the case of Legaspy v. FINRA, where Carlos Legaspy, a FINRA-registered broker associated with Insight Securities, sued in a federal district court in Illinois to enjoin FINRA from holding his evidentiary hearing virtually. The Court, however, rejected his claims and allowed the FINRA to hold the evidentiary hearing virtually.
(8/17/20)John Gaffney, Aman Al Tawil
Click here for MORE ARTICLES
This article gives an overview of the consultation draft of the Guidelines on Standards of Practice in International Arbitration, published by the ICCA Task Force on Standards of Practice in International Arbitration, in order to promote the standardization of conduct for all participants in international arbitration, which are available for public comment.