The Prague Rules – Inquisitorial Rules on the Taking of Evidence in International Arbitration

"Creeping Americanization of international arbitration: is it the right time to develop inquisitorial rules of evidence?" A session of the fourth Russian Arbitration Association Conference in April 2017 stood under this title. Arbitration practitioners...

LCIA publishes its facts and figures: The 2017 Casework Report

The London Court of International Arbitration (the "LCIA") has recently published its Casework Report for 2017 which contains statistics on its performance last year. The report makes for an interesting comparison with the 2016...

France: Terms of reference – a key document to which the parties to an...

In a decision dated 15 June 2017, the French Cour de cassation held that an acknowledgment of the validity of the arbitral tribunal’s constitution in the terms of reference amounts to a renunciation to...

The Aftermath of Achmea: Germany Requests Dismissal of Vattenfall Case After CJEU’s Achmea Decision

The recent decision of the European Court of Justice (CJEU) in the case between Slovakia vs. Achmea BV (Case C-284/16) seems to have caused a ripple effect for investment arbitration: In the case against...

Australia: Arbitration Agreements

In recent years, the Australian courts have given detailed consideration to the interpretation of arbitration agreements for the purpose of staying court proceedings under Section 7 of the IAA and Article 8 of the...

Minimising your M&A risk: top ten tips from transactional and disputes specialists

In many M&A transactions litigators become involved only after a dispute has arisen. However, a litigator’s experience in handling post-M&A disputes can give them an insight into the risks and common problems that arise...

Foreign Sovereign Immunities Act. District court clarifies procedure for serving foreign states and explains...

Berkowitz v. Republic of Costa Rica, No. 17-148 (D.D.C. Jan. 20 2018) In the early 1990s, the government of Costa Rica became increasingly concerned that tourist development near the country's beaches would seriously affect...

Enforcement of Arbitration Agreement. District court dismisses Defendant’s arbitrable counterclaims and stays Plaintiffs’ non-arbitrable...

West African Ventures Limited v. Ranger Offshore, No. 4:17-CV-00548 (S.D. Tex. Jan. 24, 2018) Plaintiffs, West African Ventures Limited and Sea Trucks Group FZE, brought a guarantee-enforcement action against two guarantors under various service...

Discovery. Ninth Circuit holds that the Federal Arbitration Act does not grant arbitrators the...

Vividus LLC v. Express Scripts, Inc., No. 16-16187 (9th Cir. Dec. 21, 2017) Petitioners-Appellants Vividus, LLC f/k/a HM Compounding Services and HMX Services, LLC (collectively, "HMC") and other individuals filed suit in New York...

Modernization of the Swedish Arbitration Act in progress

Approaching its twentieth anniversary, the modernization of the Swedish Arbitration Act (“SAA”) is closer than ever. Although the general perception is that the SAA is effective, the long-prepared reform aims to make it even...

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