News & Analysis as of

International Arbitration International Chamber of Commerce (ICC) Arbitration

Cooley LLP

Arbitration Bill Passes Second Reading at House of Lords

Cooley LLP on

After the previous government called a general election in late May, the Arbitration Bill was left out of the set of bills that would be approved on an expedited basis. In mid-July, the King’s Speech reintroduced an updated...more

White & Case LLP

The Government of Georgia defeats an ICC arbitration claim of US$ 1.5 billion at its highest over its termination of an investment...

White & Case LLP on

On 29 July 2024, an ICC arbitration tribunal, chaired by Stephen Drymer and including Jean Kalicki and Charles Adams as co-arbitrators, issued, by majority, an award in favour of the Government of Georgia in a high-profile...more

Faegre Drinker Biddle & Reath LLP

Arbitration Institution Digest (Part 3): ICC Releases Statistics for 2023

In June 2024, the International Chamber of Commerce (ICC) released its preliminary statistics report for 2023 for their arbitration and alternative dispute resolution (ADR) services. The numbers show an increase in cases as...more

K&L Gates LLP

The Dubai Court of Cassation Raises Questions Over an Arbitral Tribunal's Power to Award Legal Costs

K&L Gates LLP on

The Dubai Court of Cassation (DCC) recently upheld the Dubai Court of Appeal’s partial annulment of an International Chamber of Commerce (ICC) arbitration award, quashing the arbitral tribunal’s award of legal costs. One...more

Cooley LLP

UK Court of Appeal Orders Mandatory Final Anti-Suit Injunction in Foreign-Seated Arbitration

Cooley LLP on

In its recent judgment in UniCredit Bank GmbH v. RusChemAlliance LLC, the Court of Appeal granted a mandatory final anti-suit injunction in support of a French-seated arbitration regarding proceedings brought by the...more

Bradley Arant Boult Cummings LLP

Grounds for Vacating an Arbitration Award Remain Extremely Limited

The Eleventh Circuit Court of Appeals issued a decision last week upholding an arbitral award, despite the failure of the arbitrators to make certain pertinent disclosures. The case involves an international arbitration...more

WilmerHale

Le Précédent Procédural Dans La Pratique Des Tribunaux Arbitraux

WilmerHale on

La présente contribution se propose d’étudier l’apparition, en arbitrage international, de décisions procédurales formant un véritable corps de jurisprudence ou de précédents. Tandis que le sujet du précédent a d’ores et déjà...more

Hogan Lovells

Recent decision confirms disagreement between French and English courts regarding law to be applied

Hogan Lovells on

The decision in the case of Kabab-Ji vs Kout Food issued on 28 September 2022 by France’s highest Court brings into particularly sharp focus the French and English court’s differing stance in deciding the law applicable to an...more

Proskauer - Minding Your Business

Head-to-Head: Comparing Three Arbitration Regimes for US Based Asset Managers

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

Faegre Drinker Biddle & Reath LLP

Assessing the LCIA’s 2021 Annual Casework Report

On May 17, 2022, the London Court of International Arbitration (LCIA) released its Annual Casework Report, which provides an insight into the LCIA’s caseload in 2021. This follows statistics released by the International...more

Orrick, Herrington & Sutcliffe LLP

Innovations in the New 2021 Swiss Rules: How Do They Fare Against the ICC and LCIA Rules?

The Swiss Rules of International Arbitration (hereinafter “Swiss Rules”) apply to all relevant proceedings in which the Notice of Arbitration was filed after 1 June 2021. They replace the 2012 version of the Swiss Rules and...more

WilmerHale

Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48: UK Supreme Court clarifies approach to determining whether there...

WilmerHale on

In an important recent decision, the U.K. Supreme Court provided further guidance on how to determine the law that applies to an international arbitration agreement. In its unanimous decision in Kabab-Ji SAL v Kout Food...more

Akin Gump Strauss Hauer & Feld LLP

The ‘Third Act’ in the Kabab-Ji Saga—What Law Governs the Arbitration Agreement (Law of the Seat or Law of the Underlying...

In a Judgement handed down on 27 October 20211, the UK Supreme Court upheld the English Court of Appeal finding in Kabab-Ji SAL v. Kout Food Group of 20 January 2020 that English law as the law governing the relevant...more

A&O Shearman

Kabab-Ji SAL v Kout Food Group: Latest UK Supreme Court Judgment on Governing Law of Arbitration Agreements

A&O Shearman on

The U.K. Supreme Court recently handed down its long-awaited judgment in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait). The judgment confirmed and applied the principles concerning the governing law of arbitration...more

K&L Gates LLP

HUB Talks: Arbitration World: Fact Witness Evidence in International Arbitration: Is Change on the Horizon?

K&L Gates LLP on

Ian Meredith of K&L Gates, Paul Key QC of Essex Court Chambers, and Eduardo Damião Gonçalves of Mattos Filho discuss the issues raised by the ICC Task Force report into fact witness evidence amid the concerns over the...more

WilmerHale

Revised Swiss Rules of Arbitration

WilmerHale on

The Swiss Arbitration Centre (formerly known as the Swiss Chambers’ Arbitration Institution (SCAI)) has released revised arbitration rules, which are effective as of 1 June 2021 and apply to arbitration proceedings commenced...more

Faegre Drinker Biddle & Reath LLP

2020: A Record-Breaking Year for International Commercial Arbitration

On 17 May 2021, the London Court of International Arbitration (LCIA) released its 2020 Annual Casework Report, which provides an insight into the LCIA’s caseload in 2020, and the impact the COVID-19 pandemic has had on its...more

Dorsey & Whitney LLP

PRC Companies in International Arbitration (Series 2): Interim Measures Arrangement between Mainland and HKSAR and its Practical...

Dorsey & Whitney LLP on

On April 2, 2019, the Supreme People’s Court of the PRC and the Department of Justice of Hong Kong signed the “Arrangements concerning the Mutual Assistance in Court-Order Interim Measures in Aid of Arbitral Proceedings by...more

Sullivan & Worcester

Modernising Disputes: Practical Points to Consider for Litigation and Arbitration

Sullivan & Worcester on

Although parties rarely consider dispute resolution provisions in any great detail at the contractual negotiation stage of a transaction, they should. Time spent on considering these issues at the outset will ultimately prove...more

Proskauer - Minding Your Business

ICC Expands Automatic Application of Expedited Procedure

ICC arbitrations based on agreements entered into in 2021 and beyond will follow an expedited procedure if the amount in dispute is $3 million or less – up from the previous $2 million or less....more

White & Case LLP

The 2021 ICDR Arbitration Rules

White & Case LLP on

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

Jones Day

"Not a Cat’s Chance in Hell": English Court Clarifies Approach to Escalation Clauses

Jones Day on

The Situation: On 15 February 2021, the English High Court handed down a key judgment in Republic of Sierra Leone v. SL Mining Ltd on the issue of whether non-compliance with a clause containing a pre-arbitration procedural...more

Fox Rothschild LLP

Florida Federal Court To Examine Issues Of Alleged Arbitrator Conflicts Of Interests In Panama Canal Case

Fox Rothschild LLP on

The parties in a $238-million dispute over the construction of the third set of locks for the Panama Canal is raising issues concerning alleged conflicts of interest on the part of the International Chamber of Commerce...more

Vinson & Elkins LLP

A Record Number Of Cases And Revised Rules At The ICC Underscore The Increasing Appeal Of Arbitration

Vinson & Elkins LLP on

The International Chamber of Commerce’s (“ICC”) preliminary statistics for 2020 reveal a record total of new arbitration and Alternative Dispute Resolution (“ADR”) cases, reflecting the predicted growth in ICC dispute...more

Latham & Watkins LLP

ICC Launches Revised Arbitration Rules for 2021

Latham & Watkins LLP on

The amendments aim to increase transparency and efficiency in the arbitral proceedings. Key Points: ..To increase transparency, parties must disclose “the existence and identity” of third-party funders. ..To...more

75 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide