District court refuses to enforce foreign arbitral decision that had not yet become binding...

Diag Human, S.E. v. Czech Republic Ministry of Health, No. 13-0355, (D.D.C. Sep. 27, 2017) Plaintiff Diag Human, S.E. ("Diag Human"), an entity incorporated in Liechtenstein, sought to enforce a 2008 arbitral award it...

The New DIAC 2018 Arbitration Rules

On 12 to 16 November 2017, the DIFC-LCIA Arbitration Centre hosted the Dubai Arbitration Week 2017, with various conferences, symposia, and networking events lined up. The event was also organized by Members of Baker...

Ninth Circuit Court of Appeals vacates district court order granting motion to compel arbitration...

Henson v. U.S. Dist. Ct. N.D. Cal., No. 16-71818 (9th Cir. Sept. 5, 2017) Petitioner-Plaintiffs ("Petitioners") brought this putative class action in the U.S. District Court for the Northern District of California on behalf...

ICCA-NYC Bar-CPR Working Group on Cybersecurity in International Arbitration

Technology plays an increasingly important role in almost every aspect of life and does not stop at international arbitration. While technology could facilitate the conduct of international arbitration proceedings, it also contains risks. The...

Arbitrability of Venue Questions

Bamberger Rosenheim, Ltd. (Isr.) v. OA Dev., Inc. (United States), 862 F.3d 1284 (11th Cir. 2017) Appellant Bamberger Rosenheim, Ltd. ("Bamberger") is an Israeli company, that raises capital for real estate investments. Appellee OA...

Arbitrability – Eleventh Circuit requires Waffle House employee to submit claim to arbitration

Jones v. Waffle House, Inc., No. 16-15574 (11th Cir. Aug. 7, 2017) In this case, Plaintiff William Jones ("Jones") applied for employment with a Waffle House restaurant in Orlando, Florida. Waffle House denied his...

Failure to take into account evidence: a serious irregularity?

Overview The recent judgment in UMS Holding Ltd & Ors v Great Station Properties SA & Anor EWHC 2398 saw Mr Justice Teare dismiss challenges to an arbitration award brought under section 68...

Legal issues relating to construction contracts in the United Arab Emirates

INTRODUCTION The construction industry in the United Arab Emirates (UAE) adopts and follows international best practices for construction contracts governed by UAE law or implemented in the UAE. These contracts are heavily modelled after International...

Comparison of UAE and DIFC-seated arbitrations

The rapid growth of the United Arab Emirates' (UAE's) economy brought with it tourism, mass infrastructural projects, construction, commerce and international investment. The UAE's exceptional  growth also highlighted the need for a modern legal...

D.C. Circuit affirms district court’s refusal to enforce an award set aside by a...

Getma Int'l v. Republic of Guinea, No 16-7087 (D.C. Cir. July 7, 2017) In 2008, the Republic of Guinea ("Guinea") sought bids to expand and operate a port in Conakry, the country's capital. Getma International...

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