India May Have Signaled its Arbitration Embrace

Recent actions undertaken by the Supreme Court of India could signal a sea change in India’s approach to international disputes.  The Supreme Court recently instructed the Mumbai Centre for International Arbitration (MCIA) to appoint...

Germany: Federal Court of Justice Lowers the Bar for the Annulment of an Award...

In its decision of May 2017, the Federal Supreme Court of Germany (Bundesgerichtshof) laid down a new principle for setting aside an arbitral award based on the infringement of the disclosure obligation of a...

Argentina: New Legal Framework Allows for International Arbitration and Dispute Boards in Public-Private Partnership...

A recent legal framework in the Argentine Republic allows for domestic or international arbitration and dispute boards for public-private partnerships, and is expected to increase its use in such type of projects, especially for...

A Stepping Stone Without Overstepping The Mark – English Commercial Court Outlines What Constitutes...

In the recent anonymised judgment of P v Q and others EWHC 194 (Comm), the England & Wales Commercial Court gave some important guidance on delegation within Tribunals and the appropriate role of...

Brazilian Court of Appeals confirms the validity of arbitration in international sales representation agreement

On June 21, 2017, the Court of Appeals of São Paulo confirmed the validity of an arbitration clause set forth in an international sales representation agreement. The dispute began when an American company decided to...

U.S. Second Circuit Confirms Annulled Award Cannot Be Enforced

Two years after its noted decision enforcing an annulled award in the Pemex case, the Second Circuit again took up the issue of enforcement of an annulled award.  This time, noting different facts, the...

Hong Kong Court Grants Receivership Order in Aid of a PRC-Seated CIETAC Arbitration

The Hong Kong courts can issue interim orders in aid of foreign (including the PRC) seated arbitrations, which can be useful in preserving assets and evidence held in Hong Kong (usually by the respondent...

Security for costs – Renunciation of the standards set up in “RSM v. Saint...

Can a tribunal order an impecunious claimant to pay security for costs? This is an often debated topic both in commercial and in investment arbitration. In recent years, several investment arbitration tribunals have dealt...

Investor-State Arbitration – An Introduction

A. Introduction While investor-state arbitration remains a relatively new area of international law, the number of cases commenced under international investment agreements (IIAs) has grown exponentially over the past 10 years. This reflects in part...

New EU-Japan Trade Deal: EU declares ISDS “dead”

The European Union and Japan have announced the main elements of a new economic partnership agreement, which has been hailed as the most important bilateral trade agreement ever concluded by the EU.  However, investment...

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