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In North America

U.S. Court confirms arbitral award and concludes that Respondent may not deduct purported Taiwanese tax obligations from award under public policy or due process exceptions.

by 3 Mins Read

The Southern District of New York rejected public policy and due process defenses and confirmed an international arbitration award while rejecting an argument that the award debtor could withhold a portion of the damages to offset Taiwanese tax obligations. Petitioner Mondis Technology Ltd. (“Mondis”), a company involved in the purchase, assertion, and licensing of patent rights, petitioned to confirm an arbitral award entered in its favor against Respondent Wistron Corporation (“Wistron”), a Taiwanese manufacturer of…

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In Arbitration Agreements

The ICC Expedited Procedure – New Demands for the Drafting of ICC Arbitration Agreements as from March 1, 2017

by 9 Mins Read

On March 1, 2017, the new Arbitration Rules of the International Chamber of Commerce (“ICC-Rules”) come into force. In Art. 30 and Annex VI, they contain specific provisions for an Expedited Procedure (“Fast-Track Arbitration”). The characteristic features of the new Expedited Procedure are that a sole arbitrator with extended powers shall render an arbitral award within six months after a limited establishment of the facts and optionally without a hearing. Expedited Procedures by which disputes…

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In Arbitrability

U.S. Fifth Circuit Allows Receiver to Avoid Arbitration Clauses

by 6 Mins Read

On January 31, 2017, the Fifth Circuit Court of Appeals authorized a court-appointed Receiver to avoid arbitration clauses contained in employment and employment-related agreements.[1] While, at first glance, the Court’s decision not to compel a non-signatory to arbitration appears unremarkable, in fact the decision reflects how far the Court was willing to go in order to protect a Receiver’s choice of a judicial forum. Background Allen Stanford, through a network of companies, operated a now-infamous…

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In Arbitration Procedure

Comparative Chart of International Investment Arbitration Rules

by and 17 Mins Read

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…

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