Last February 9, the Second Section of the Brazilian Superior Court of Justice (STJ), the highest court for non-constitutional matters, has suspended an execution lawsuit (ação de execução) based on a contract due to the existence of an arbitration discussing such contract[1]. The construction company filed before the 1st Civil Court of the city of Belém an execution lawsuit (execução de título extrajudicial), which is a fast track judicial procedure for enforcement of outstanding liquidated…
Recently, both the German legislator and the German Institution of Arbitration tasked working groups with a reform of…
With the ascension of the Trump administration, there is a question whether the investor-state dispute settlement (“ISDS”) provisions…
Baker McKenzie has released its North American Arbitration Primer. This builds on the success of Baker McKenzie’s Asia Pacific Arbitration Primer that was published and distributed last year. The North American Arbitration Primer, like its Asia Pacific counterpart, is an accessible tool allowing readers to stay abreast of arbitration laws in North America. Drafted through collaboration with our arbitration partners in the region, the North American Arbitration Primer is now accessible through the Firm’s North…
The International Chamber of Commerce (the “ICC”) and the United States Council for International Business (the “USCIB”) held…
While toasting the New Year over a glass or two of champagne, it may have gone unnoticed to…
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 table below provides a quick reference guide for the rules of several key institutions, the SIAC, the SCC, ICSID, UNCITRAL, and the PCA. This is a simplified guide intended to provide an overview of the similarities and differences among some of the major…
Impact of the SIAC Rules 2016 on Joinder and Consolidation The latest edition of the Arbitration Rules of…
The Federal Arbitration Act (FAA) reflects U.S. Congressional approval of the finality of arbitration. Indeed, the FAA and…
Recent developments The Law Reform Commission of Hong Kong (“LRC”) published a report on 12 October 2016 (“Report”) in which it recommends amendments to the Arbitration Ordinance (Cap. 609) (“AO”) to expressly permit third party funding (“TPF”) for arbitrations and other proceedings under the AO, provided that appropriate financial and ethical safeguards are put in place. The Report sets out the LRC’s final recommendations on TPF and related matters, including draft provisions to amend the AO.…