Under the Trump administration 2.0, it is very likely that the United States will adopt a more protectionist trade policy, which will expressly include the increase in use and imposition of tariffs on imports, particularly on...more
Background - In February 2024, the Dubai Court of Cassation (Court of Cassation) issued a surprising decision in Case No. 821 of 2023 (Commercial), in which it upheld the Dubai Court of Appeal’s (Court of Appeal) partial...more
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
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
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
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
The Supreme Court’s decision to grant certiorari in Wendy Smith et al. v. Keith Spizzirri et al. shines a spotlight on a pivotal issue within the realm of arbitration dispute resolution. This case underscores a significant...more
A consortium that was on the losing side of a $238-million arbitration over the construction of the third set of locks for the Panama Canal is asking the United States Supreme Court to review a circuit court opinion that...more
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
In our first Vets to Ventures article, we provided the know-how to start your next mission of being an entrepreneur, and why veterans can make effective corporate leaders. Now, let’s discuss how the different corporate...more
Since 2017, Japan has been actively working to promote international arbitration. The updates to the Arbitration Act of Japan should help boost the country’s popularity as an arbitration seat....more
On 6 September 2023, the Law Commission published the long-awaited final report of its review of the UK Arbitration Act 1996 (the “Act”) and a draft bill setting out the recommended amendments to the Act. The upshot is that...more
In a world where country borders can be unstable and we increasingly witness aspirations to split or annex territory, foreign direct investment faces a growing risk. In a recent dispute, the Swiss Supreme Court (“SSC”)...more
The Eleventh Circuit upheld an arbitral award last month despite the arbitrators’ failure to make certain disclosures regarding potential sources of bias. The litigation involved a dispute between the Panama Canal Authority,...more
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
The Second Circuit Court of Appeals recently affirmed the confirmation of an arbitration award issued under a bilateral investment treaty between Libya and Cyprus. We previously described the underlying Southern District of...more
A recent win by a team of Bradley construction attorneys highlighted the role emergency arbitration proceedings can play in a dispute subject to an arbitration agreement. The ongoing case involves the design and construction...more
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
Over the course of three days, various speakers from the ICC and beyond came together to discuss digitalisation of trade. With trade bodies including the ICC and ITFA pushing awareness and training in this area, there remains...more
Join ICPA and Braumiller Law Group's Washington D.C. of Counsel Jim Holbein for a presentation on incoterms - The webinar will cover the obligations, costs and risks associated with all the seven multimodal Incoterms and...more
The Abu Dhabi Court of Cassation has ruled that an arbitration seated in Abu Dhabi and conducted under the International Chamber of Commerce (ICC) arbitration rules (ICC Rules) was seated in the Abu Dhabi Global Market...more
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
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
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
On March 23, 2022, a New York federal court confirmed an award in an arbitration before a tribunal of the International Chamber of Commerce (ICC) between Olin Holdings Ltd. and the state of Libya under a bilateral investment...more