Arbitrate.com Articles


Mikhail Vishnyakov

Annulment of ICSID Award Due to Arbitrator’s Failure to Disclose Relationship with Claimants’ Expert

(9/04/20)Mikhail Vishnyakov

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.

Carrie Shu Shang

Conference Recap – COVID-19 and Digitalization of Dispute Resolution in China

(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.

Jeffrey Polsky

Reassessing the Pros and Cons of Workplace Arbitration

(9/03/20)Jeffrey Polsky

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.

Catharine Titi

Arbitration Conversation No. 20: Prof. Catharine Titi of the University of Paris

(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.

Indraneel Gunjal

Supreme Court Rules that a Non-Party to an International Arbitration Agreement is not precluded from Compelling Arbitration under the Domestic Laws

(8/31/20)Indraneel Gunjal

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.

Daniel Urbas

Canada: Court Suspends Own Process, Requires Parties Take Arbitration-Related Steps Prior to Decision on Stay

(8/31/20)Daniel Urbas

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.

Patrick Kingsley

Resolving Construction Disputes Through Baseball Arbitration

(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.

Tamar Meshel

The Future of International Commercial Arbitration in Canada After Uber Technologies Inc v Heller

(8/31/20)Tamar Meshel

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.

Nicholas Gowen

Aribitral Victory on Summary Judgment Confirmed by USDC ND IL (Short v. Siprut P.C., American Arbitration Association)

(8/31/20)Nicholas Gowen

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.

Claudio Salas

The International Arbitration Review Updates Practitioners on International Arbitration Developments in Jurisdictions Around the World

(8/26/20)Claudio Salas

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.

Anthony Daimsis

Arbitration Conversation No. 19: Prof. Anthony Daimsis of the University of Ottawa

(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.

Jacob Kaplan

FL District Court Holds That FAA Grounds for Vacatur are Inapplicable to NY Convention Arbitration Awards

(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.

Theodore Ryan

Certiorari Sought for Review of Fifth Circuit’s Ruling Interpreting a PDAA To Provide for a Nine-Arbitrator Panel

(8/25/20)Theodore Ryan

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.

Brenda Horrigan

Federal Court of Australia Enforces Foreign Award Despite Procedural Irregularities

(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.

Daniel Urbas

Canada – Anti-Suit Injunction Restrains Party Bound by Ontario Arbitration Award

(8/24/20)Daniel Urbas

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.

Indraneel Gunjal

The Ninth Circuit Holds that Amazon Drivers are Covered by the FAA's Transportation Worker Exemption

(8/24/20)Indraneel Gunjal

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.

Aric Garza

Arbitration Conversation No. 18: The "Blues Lawyer" Aric Garza on consumer arbitration

(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.

Indraneel Gunjal

Switzerland Challenges All the Claims Against it in an Arbitration Proceeding at the ICSID

(8/21/20)Indraneel Gunjal

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).

Jo Delaney

Keeping the Lights On: Australian Court Enforces Arbitral Award

(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.

George Burn

2020 Vision: Updates to the LCIA Arbitration Rules

(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.

Bill McGrath

Arbitration Conversation No. 17: Arbitrator Bill McGrath of Davis McGrath in Chicago

(8/19/20)Bill McGrath, Amy Schmitz

In this episode of The Arbitration Conversation Amy interviews Arbitrator Bill McGrath about motions in arbitration.

Ulyana Bardyn

Full Protection and Security in Investment Protection Treaties

(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.

Claire King

Lessons in Gender Diversity: What Can Adjudicator Nominating Bodies Learn from Arbitration?

(8/18/20)Claire King

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.

Eric Martin

U.S. COVID-19: “The Show Must Go On!” Court Rejects Challenge to FINRA’s Virtual-Hearing Procedure

(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.

John Gaffney

Guidelines on Standards of Practice in International Arbitration

(8/17/20)John Gaffney, Aman Al Tawil

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.

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