Two U.S.-based arbitral institutions and two international institutions recently released global caseload data from 2023. The American Arbitration Association–International Centre for Dispute Resolution (AAA-ICDR) experienced...more
In an era when companies from Boston are as likely to do business with Beijing as Baltimore, and a Seoul firm has regular commerce with Sao Paulo and Santiago, the means by which corporations and countries hammer out their...more
Users of commercial arbitration — particularly those that employ the top institutional rules, such as those of the ICC or ICDR-AAA — have a number of basic expectations. They want their dispute to be decided by competent,...more
The American Arbitration Association (AAA) and the International Centre for Dispute Resolution (ICDR) recently released their statistics for 2022, providing some insight into the state of domestic and international...more
Over the past few years, the use and role of tribunal secretaries in international arbitration has garnered considerable interest. In its 2021 International Arbitration Rules (“Rules”), the International Centre for Dispute...more
The choice of arbitration institution can arise at any point in an investment cycle: from finalising initial agreements at fund or portfolio company level, or on an ad hoc basis when a dispute arises....more
Every day, U.S. companies experience a collateral effect of the increasing number of international arbitrations. Parties to these arbitrations are using 28 U.S.C. § 1782 to issue discovery subpoenas to U.S. companies, seeking...more
Perhaps now more than ever, recent technological developments have facilitated cross-border contracting, especially for companies undertaking complex infrastructure construction projects or entering into energy-related...more
On 1 March 2021, the International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association (AAA) and a leading provider of dispute resolution services to businesses in matters...more
The International Centre for Dispute Resolution ("ICDR"), the international branch of the American Arbitration Association, recently revised its 2014 arbitration rules and 2008 mediation rules, issuing a revised set of rules...more
Like some other international arbitration institutions, the International Centre for Dispute Resolution (“ICDR”) recently adopted amendments to its International Dispute Resolution Procedures (the “2021 ICDR Rules”). The...more
The amended International Dispute Resolution Procedures (the Rules) of the International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association (AAA), entered into effect on...more
To all our friends with international projects, partners, or contracts, please take note of some significant changes to one of the potential sets of procedures and rules that may govern or apply to your international dispute....more
This royalties dispute arose out of an agreement between Cognac Ferrand S.A.S., a French company that produces and sells various liquors and spirits, and Mystique Brands LLC, a company that imports and markets liquors and...more
The Singapore International Arbitration Centre (“SIAC”) opened its first office outside of Asia in New York on December 3, 2020. According to SIAC, US parties are consistently among the top foreign users of SIAC and in 2020...more
Arbitration awards may be vacated or annulled based on arbitrator conflicts of interest and even just an appearance of impropriety. Read how different arbitrations deal with disqualification motions. The Importance of...more
The American Arbitration Association (AAA) and its international division, the International Centre for Dispute Resolution (ICDR) announced that no hearings will take place in AAA-ICDR hearing facilities until at least April...more
In 2008, the U.S. Supreme Court in Hall Street Associates LLC v. Mattel Inc. determined that parties may not contractually agree to expand judicial review of arbitral awards beyond the grounds set forth in the Federal...more
Can an arbitrator require an arbitrating party to post collateral prior to a hearing on the merits of the substantive claim(s) as security with respect to payment of a possible final award against that party? And can such an...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
It is generally accepted that an international arbitration award is final and binding. Unlike a court judgment that can be appealed for factual and legal review, an arbitration award typically can only be challenged based on...more
It has long been the accepted norm in international arbitration that an arbitral tribunal has the jurisdiction to order interim measures relating to the subject matter of the dispute. It also has been long accepted that a...more
Many people believe that appointing an arbitrator is the most critical decision during an arbitration. In the “typical” two-party arbitration, this objective is easily met either by choosing rules that provide for direct...more
On Monday, 7 April, at the 2014 ICCA Miami Conference, the international-arbitration community gathered to address the question, “Who are the arbitrators?” The answer, panel attendees were told, was “male, pale, and stale” –...more