England and Wales: Application to correct an award does not always extend the time...

The English High Court has confirmed in Daewoo Shipbuilding & Marine Engineering Company Ltd v Songa Offshore Equinox Ltd & Anor EWHC 538 (Comm) that the 28 day time limit for challenging or...

Swiss Federal Supreme Court rules that arbitral awards against states can only be enforced...

In a decision dated September 7, 2018 (case no. 5A_942/2017, selected for publication), the Swiss Federal Supreme Court issued a landmark decision on the enforcement of arbitral awards against state-owned assets located in Switzerland. The...

First Emergency Arbitrator Proceedings in China and Enforcement in Hong Kong

In August 2018, the Beijing Arbitration Commission ("BAC") closed its first arbitration case involving emergency arbitration procedures in China ("GKML Case"). This case, with the claimants represented by Baker McKenzie Fenxun, is significant in...

U.S.: District court compels arbitration based on Defendant’s practice of including in its “self...

Zacher v. Comcast Cable Commc'ns, No. 17-cv-7256 (N.D. Ill. June 20, 2018) Plaintiff brought a putative class action alleging that Comcast violated the Telephone Consumer Privacy Act when it called his cellular telephone "looking...

The New NAFTA – the United States-Mexico-Canada Agreement (USMCA) Brings Future Changes to ISDS

On September 30, 2018, the United States, Mexico and Canada (the Parties) reached an agreement to replace the North American Free Trade Agreement (NAFTA). The new agreement is called the United States-Mexico-Canada Agreement (USMCA). ...

U.S.: District court holds that enforcement of award requiring a foreign sovereign to recognize...

Hardy Exploration & Prod. (India), Inc. v. Gov't of India, Ministry of Petroleum & Natural Gas, Civil Action No. 16-140 (D.D.C. June 7, 2018) In 1997, Hardy Exploration & Production (India), Inc. ("HEPI") entered...

U.S.: District court confirms arbitration award, rejecting petitioners’ assertion that the arbitrator committed manifest...

KT Corp. v. ABS Holdings, LTD., No. 1:17-cv-07859 (S.D.N.Y. Apr. 10, 2018) KT Corp. ("KT"), a Korean firm, and ABS Holdings ("ABS"), a Bermuda company doing business in Hong Kong, entered into a purchase...

U.S.: District court grants ICDR arbitral immunity on arbitrability issue raised prior to appointment...

Wartsila N. America, Inc. v. Int'l Centre for Dispute Resolution, No. H-18-1531 (S.D. Tex. Aug. 15, 2018) Plaintiffs, Wärtsilä North America, Inc. ("Wartsila NA") and Wärtsilä Finland Oy ("Wartsila Finland") (collectively, "Wartsila"), filed suit...

England and Wales: Lost in Translation: Interpreting foreign language arbitration clauses

The Commercial Court has upheld a challenge under section 67 of the Arbitration Act 1996 ("AA 1996") to an arbitral award in which the Tribunal ruled that it lacked jurisdiction over the dispute. The...

FIDIC Rainbow Suite Second Editions Unveiled

Recent Development On December 5, 2017, the Fédération Internationale des Ingénieurs-Conseils (FIDIC) launched the second edition of the FIDIC Rainbow Suite of Contracts 2017 at the FIDIC International Users’ Conference in London. The FIDIC 1999 Yellow...

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