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In With The New: The Amended LCIA Arbitration Rules

October 12, 2020 by Dr. Markus Altenkirch and Brigitta John Vallickad 11 Mins Read

The London Court of International Arbitration (LCIA) has recently amended its Arbitration Rules (available here) and Mediation Rules (available here). The amendments seek to embody recent trends and best practices that have emerged in the practice of international arbitration, particularly in light of the Covid-19 pandemic, which has resulted in an increase in virtual hearings and increased dependency and reliance on technology. The amendments are effective from October 1, 2020. This article will give a…

In Asia-Pacific

New Signatories to the New York Convention

May 6, 2020 by Brigitta John Vallickad 3 Mins Read

On 3 February 2020, the Seychelles became the 162nd State party to accede to the New York Convention…

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Corporate Restructuring and Investment Treaty Protections

April 2, 2020 by Edward Poulton 2 Mins Read

We are pleased to announce that we have published the first comprehensive empirical study on corporate restructuring and…

In Asia-Pacific

International Arbitration Yearbook, 13th Edition – now available!

March 5, 2020 by Steve Adams 1 Min Read

We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now available. This year, in recognition of both our clients’ preferences for soft copy material and our commitment to sustainability, the Yearbook is being published electronically via our Global Arbitration News blog, rather than in hard copy. This new edition reviews important developments in arbitration over the past year across 43 jurisdictions, including: The increasing use of artificial…

In North America

Louisiana Supreme Court rules that Louisiana’s non-resident attachment statute allows for attachment in aid of arbitration if the underlying arbitration claim is one for money damages

October 22, 2019 by David Zaslowsky and Kyle Olson 8 Mins Read

Stemcor USA Inc. v. CIA Siderurgica Do Para Cosipar, No. 2018-CQ-1728 America Metals Trading L.L.P. (“AMT”) and South…

In Europe

Federal Republic of Germany faces third ever investor-state arbitration: Might changes to renewables regime lead to another public “Vattenfall-outcry” about arbitration?

October 14, 2019 by Dr. Max Oehm and David Weiss 4 Mins Read

On 20 September 2019, ICSID registered a request by the Austrian construction company STRABAG SE (“Strabag”) for the initiation of…

In Brazil

Brazil Enacts Decree Regulating Arbitrations Involving the Federal Union

September 24, 2019 by Joaquim de Paiva Muniz 4 Mins Read

On September 20, 2019, Decree 10,025/2019 was enacted, to regulate arbitration with the Federal Union, federal administration entities and concessionaires of federal public services. The decree clarifies that the arbitration can resolve controversies on any “patrimonial disposable right”, such as (i) the economic and financial balance of contracts; (ii) indemnification due to termination or transfer of agreements; and (iii) breach of contractual provisions, including application of penalties. In arbitrations involving Brazilian federal entities, only Brazilian…

In North America

Fifth Circuit holds that state law prohibiting arbitration in insurance contracts was preempted by the New York Convention

September 13, 2019 by David Zaslowsky 4 Mins Read

McDonnel Group, L.L.C. v. Great Lakes Ins., SE, No. 18-30817 (5th Cir. May 13, 2019) In fall 2015,…

In Uncategorized

Supreme Court of Alaska holds that settlement agreement releasing parties from “any and all … obligations” under prior contract also releases parties from arbitration agreement contained in that contract

September 6, 2019 by David Zaslowsky and Kyle Olson 4 Mins Read

SMJ Gen. Constr., Inc. v. Jet Commer. Constr., LLC, 440 P.3d 210 (Alaska 2019) In May 2016, after entering…

In North America

U.S.: . Ninth Circuit holds that settlement agreement entered as an order by a purported arbitrator, without attendant arbitral proceedings, is not a foreign arbitral award under the New York Convention.

July 4, 2019 by Eugenie Rogers and David Zaslowsky 4 Mins Read

Castro v. TriMarine Fish Co. LLC, No. 17-35703 (9th Cir. Feb. 27, 2019) [click for opinion] Plaintiff Castro was injured while working as a deck hand aboard a fishing vessel owned by Defendants, several TriMarine companies (collectively referred to as “TriMarine”). Castro, a citizen of the Philippines who had relocated to American Samoa, had an employment agreement with TriMarine calling for arbitration in, and subject to the procedural rules of, American Samoa. After his injury,…