U.S.: District court refuses to allow non-parties to arbitration to intervene in enforcement proceedings,...

Eddystone Rail Co. v. Jamex Transfer Servs., LLC, No. 17-cv-1266 (S.D.N.Y. Feb. 7, 2018) A district court in the Southern District of New York recently refused to allow a group of would-be Intervenors, all...

Draft Model BIT abandons Party-Appointed Arbitrators

On 16 May 2018, Global Arbitration Review published a report on the Netherlands newly published draft model BIT. The news heading was "Radical proposals in draft Netherlands Model BIT". The radical proposal was the ...

U.S.: Second Circuit affirms bankruptcy and district court decisions to deny motion to compel...

Anderson v. Credit One Bank, N.A. (In re Anderson), 884 F.3d 382 (2d Cir. 2018) Plaintiff was a credit card holder with Credit One Bank, N.A.'s predecessor (the "Bank"). On March 12, 2012, the...

U.S.: District court refuses to stay enforcement of an award pending foreign challenge but...

Tatneft v. Ukraine, No. 17-582 (D.D.C. Mar. 19, 2018) On July 4, 1995, Tatarstan and Ukraine entered into an agreement to create CJSC Ukrtatnafta Transnational Financial and Industrial Oil Company ("Ukrtatnafta"), a Ukrainian joint...

U.S.:District court confirms ICSID award and refuses to stay enforcement pending foreign proceeding.  

Rusoro Mining Ltd. v. Bolivarian Republic of Venezuela, No. 16-cv-02020 (D.D.C. Mar. 1, 2018) Rusoro, a Canadian company, owned 58 mining concessions and contracts for the exploration and production of gold in Venezuela. At...

The UAE introduces long-awaited stand-alone Arbitration Law: Summary of key provisions

  What has changed? On 3 May 2018, the UAE published its first stand-alone Arbitration Law under Federal Law No. 6 of 2018. The UAE's aim is to ensure access to a method of resolving...

U.S.: District court holds arbitration awards entered by parties’ consent are subject to the...

Transocean Offshore Gulf of Guinea VII Ltd. v. Erin Energy Corp., No. H-17-2623 (S.D. Tex. Mar. 12, 2018) Petitioners, Transocean Offshore Gulf of Guinea VII Ltd and Indigo Drilling Ltd, participated in an arbitration...

Brazilian Superior Court of Justice Reaffirms the Principle of Competence-Competence

On May 9, 2018, Justice Nancy Andrighi of the Superior Court of Justice - STJ, the highest Brazilian court for non-constitutional matters, issued an injunction reaffirming the principle of competence-competence under articles 8, sole...

U.S.: District court confirms arbitration award, denying Respondent’s claims that the agreement at issue...

Balkan Energy Ltd. v. Republic of Ghana, No. 17-cv-00584 (D.D.C. Mar. 22, 2018) In 2007, the Republic of Ghana ("Ghana") negotiated with Balkan Energy LLC for the refurbishment and commissioning of an unused power...

Comparative Chart of International Investment Arbitration Rules

Investment treaty arbitrations may be brought under the rules of many different arbitration institutions.  As can be expected, each institution has its unique rules and associated collection of risks and benefits. The updated table below...

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