In its decision in Chesapeake Appalachia, LLC v. Scout Petroleum, LLC, 809 F. 3d 746 (3d Cir. 2016), the Third Circuit held that general reference to arbitration under AAA rules does not constitute clear and unmistakable evidence that the parties delegated the question of class arbitrability to the arbitrators. Chesapeake Appalachia, LLC (“Chesapeake”) entered into various oil and gas leases with landowners in several Pennsylvania counties in 2008. Scout Petroleum, LLC and Scout II, LP…
Document production, at least to some extent, is an integral part of most international arbitration proceedings. This is…
Terra Holding GmbH and Terra Handels-und Speditionsgesellschaft mbH v. Unitrans International, Inc., No. 14-cv-1788 (E.D. Va. Aug. 19,…
Arbitrability: The Limits of Arbitration on 7 April 2016, 12.00-2.00pm Venue: CCLS, room 3.1, 67-69 Lincoln’s Inn Fields, WC2a 3JB QMUL’s School of International Arbitration is pleased to present a guest lecture by Leng Sun Chan SC, Baker & McKenzie Wong & Leow (Singapore), discussing “Arbitrability: The Limits of Arbitration”. The foundation of arbitration lies in the agreement of parties to arbitrate. Party autonomy is often invoked as a guiding principle. Nonetheless, there are instances where…
We are pleased to announce that the new edition of The Baker & McKenzie International Arbitration Yearbook is now available.…
When about 150,000 demonstrators protested against the proposed Transatlantic Trade and Investment Partnership (TTIP) in Berlin in October…
Can witnesses in the course of an arbitral hearing be requested to testify on issues for which they were initially not offered by a party? At the outset, this appears to be a remote question but it has become a rather frequent practical problem which can have a significant impact on the outcome of an arbitration. Here is a typical scenario, illustrated by an example: in a large post M&A dispute, the buyer = Claimant…
Anchoring is a psychological phenomenon wherein a person is influenced by certain reference points he or she is…
As we have previously reported on Global Arbitration News [here], arbitral tribunals most often start their decision-making process…
As we have outlined in an earlier post [here], arbitral tribunals – as a starting point – generally apply the rule “costs follow the event” to allocate the costs of the arbitration. That is the result of the ICC Commission Report “Decisions on Costs in International Arbitration”. The ICC Report also came to the conclusion that arbitral tribunals regularly exercise their discretion to adjust the event-based cost allocation on the basis of several factors. One…