To effectively advocate in an international arbitration, lawyers must produce effective and persuasive written communications. An arbitrator’s first impression of a case is based on written submissions, and when arbitrators...more
While there are no official statistics on respondent non-participation in international arbitration, institutional guidelines and anecdotal evidence suggest arbitrations without respondents are fairly common. As parties face...more
The discontinuation of LIBOR in 2022 may pose a risk to arbitration proceedings. Preparation is key to a smooth transition.
Key Points:
..LIBOR, which is widely used in financial transactions and is embedded in many...more
The statute of limitations for confirming a foreign commercial arbitral award in the United States is typically three years. This relatively short statute of limitations may pose a challenge on award creditors, especially if...more
Given recent developments, parties with cross-border agreements and arbitration with Chinese counter-parties should look to Hong Kong as a seat of arbitration.
On 2 April 2019, the Hong Kong SAR Government and the PRC...more
This primer provides guidance on the costs regimes of leading arbitral institutions, with a particular focus on the features that distinguish each regime. Although administrative and tribunal costs represent only a fraction...more
US parties should consider international arbitration, rather than standard NDA dispute resolution provisions, to resolve disputes that include a foreign counterparty.
Key Points:
..Injunctive relief ordered by a US...more
In Daesang v. The NutraSweet Co. (May 2017), the New York State Supreme Court partially vacated a $100 million International Chamber of Commerce (ICC) arbitral award on the grounds of manifest disregard of the law. Justice...more
La Cámara de Comercio Internacional ofrece un nuevo procedimiento de arbitraje más rápido, fácil y simple para disputas de menor cuantía -
El pasado 1 de marzo de 2017 entró en vigor el nuevo Reglamento de Arbitraje de la...more
The International Chamber of Commerce offers a new procedure to provide faster, easier and streamlined arbitration for smaller disputes.
On 1 March 2017, the revised International Chamber of Commerce Arbitration Rules (the...more
New “Expedited Procedure” aims to fast-track lower value disputes.
On 4 November 2016, the International Chamber of Commerce (ICC) released amendments to its Arbitration Rules (the 2016 Rules), which will come into...more
The report reveals trends in the use of arbitration, dispels common misconceptions and provides insights about when to choose arbitration.
On November 9, 2016, the ICC Commission on Arbitration and ADR’s Task Force on...more
London has long enjoyed a reputation as one of the most popular and trusted arbitral seats in the world. The use of arbitration in England is long-standing and a legislative framework recognizing and seeking to encourage the...more
Decision confirming an arbitral award annulled in Mexico, underscores US courts’ pro-enforcement position and highlights different approaches undertaken by courts around the world.
On August 2, 2016, the United States...more
8/10/2016
/ Appeals ,
Arbitration Awards ,
Comity ,
Corporate Counsel ,
Enforcement ,
France ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
Mexico ,
Netherlands ,
New York Convention ,
Oil & Gas ,
PEMEX ,
Public Policy ,
Rescission
The choice of venue for an international arbitration can cause significant repercussions once a dispute arises. So parties should choose carefully, depending on their specific concerns. Claudia Salomon, Latham & Watkins...more
With the Eleventh Circuit’s revision, using Section 1782 to request the production of evidence in private international commercial arbitrations remains uncertain.
On January 10, the US Court of Appeals for the...more
Parties to the growing number of cross-border transactions should anticipate the inevitable cross-border disputes and specify the methods for dispute resolution in advance.
International arbitration offers two key...more