International Arbitration & Dispute Resolution Blog

The world’s major arbitration institutions have jointly issued a statement encouraging parties and arbitrators to collaborate and discuss “any impact of the pandemic and potential ways to address it in an open and constructive manner.”

Arent Fox LLP, on behalf of UAB Skyroad Leasing, filed a petition in the US District Court for the District of Columbia on March 18, 2020, seeking to enforce an arbitration award of more than $20 million against OJSC Tajik Air, Tajikistan’s state-owned airline.

The typical path for the Antitrust Division of the US Department of Justice when it determines that a contemplated merger is anticompetitive is to sue in federal court to block the merger.

The release on December 12, 2019, of the Hague Rules on Business and Human Rights Arbitration (the BHR Rules) offers a new and innovative dispute resolution option in the field of corporate responsibility.

IAReporter reports that on January 27, 2020, in the case of Dirk Herzig as Insolvency Administrator of the Assets of Unionmatex v. Turkmenistan, an ICSID tribunal, comprised of Nathalie Voser, Philippe Sands, and Lucy Reed as chair, granted Turkmenistan’s request for security for costs because of th

On October 22, 2019, a Dutch Court of Appeal in the Hague set aside an ICC arbitral award in the amount of USD 11.7 million against PDVSA-subsidiary Bariven on the ground that the underlying purchase contract with supplier Wells Ultimate Service was procured through corruption.

Arent Fox’s Jason Rotstein published an article in the Kluwer Arbitration Blog on the enforcement bar is becoming more specialized.

The Court of Justice of the European Union (ECJ) issued a judgment determining that a 2013 law of Hungary, that canceled usufruct rights to all except those with “close family ties” with the owner, constituted a deprivation of property under the Charter of Fundamental Rights of the European Union.

On May 20-22, 2019, at the annual meeting of the American Law Institute in Washington, DC, members will vote to adopt the first Restatement of the US Law of International Commercial and Investor-State Arbitration.

The US Supreme Court continues to maintain an ambiguous relationship to arbitration.

On 12 April, Djibouti became the 163rd country to sign the ICSID Convention. Its membership will be complete once it has ratified the Convention. To date the Convention has been ratified by 153 States.

The New York Convention has been interpreted as favoring the availability of provisional remedies to aid in effectuating a future arbitral award.

The International Chamber of Commerce (ICC) Commission recently released a report on Emergency Arbitrator Proceedings.

An arbitration brought by Petróleos de Venezuela (PDVSA) against Petróleos Paraguayos (Petropar), filed in July 2016 before the Paris-based International Court of Arbitration of the International Chamber of Commerce (ICC), has been temporarily suspended.

Brexit woes in 2018 did not deter parties from referring disputes to the LCIA. The LCIA released its Annual Casework Report, revealing a growing preference for use of the institution’s Rules, increased recourse to expedited procedures, and parties hailing to the LCIA from diverse regions.

On March 15, 2019, the International Centre for the Settlement of Disputes released Working Paper # 2 with comments and proposals for amendment of the ICSID Arbitration Rules.

The ongoing process of reform to the ICSID Rules has prompted renewed attention to the place of investor-state mediation.

The Singapore International Arbitration Centre continues to cement its reputation as a leading arbitral venue.

The US Court of Appeals for the Ninth Circuit recently reversed a district court’s order treating an arbitrator’s order as a foreign arbitral award under the New York Convention.

A sole arbitrator issued an award in favor of Rockefeller. Rockefeller then filed a petition to confirm the award as a judgment.

The International Centre for Settlement of Investment Disputes (ICSID) released its 2018 caseload statistics. ICSID registered a record 56 new cases: 49 under the ICSID Convention Arbitration Rules; 6 under the Additional Facility Rules; and 1 under the ICSID Convention Conciliation Rules.

January 2019 has been a busy month for the continuing fall-out concerning the ECJ’s March 2018 judgment in the Achmea v. Slovak Republic case.

Also on January 3, 2019, ICSID registered an investment claim by US company Legacy Vulcan against Mexico brought under NAFTA’s chapter 11.

ICSID registered a new investment claim on January 3, 2019 against the Kingdom of Morocco under the Germany-Morocco Bilateral Investment Treaty.

In late 2017, Evergrande Health, a Chinese company, reportedly invested approximately $2 billion in Faraday Future, Inc., a US-based automotive and technology company.