International Arbitration & Dispute Resolution Blog

42 total results. Page 1 of 2.

Lee M. Caplan, Hunter T. Carter, Timothy J. Feighery, Brian Farkas, Derek Ha
Parties can ask district courts to compel persons within the courts’ respective districts to provide evidence in aid of proceedings before “a foreign or international tribunal.” A longstanding question has been whether §1782 extends to private international commercial arbitration.
Ucheora Onwuamaegbu*, Lee M. Caplan, Timothy J. Feighery
On March 21, the Member States of the World Bank’s International Centre for Settlement of Investment Disputes (ICSID) approved extensive amendments to the Centre’s rules and regulations that will go into effect on July 1, 2022.
Timothy J. Feighery, Lee M. Caplan, Riyaz Dattu*, Gerard Leval, Maxime Jeanpierre
On February 7th, 2022, the International Centre for Settlement of Investment Disputes (ICSID) published the latest edition of its Caseload Statistics, confirming the strong demand for ICSID Arbitration despite challenges posed by a second year of the coronavirus pandemic. 
Timothy J. Feighery, Gerard Leval, Maxime Jeanpierre
Last week, members of the European Parliament debated newly imposed Chinese sanctions as tensions between the two powers continue to escalate.
Timothy J. Feighery, Lee M. Caplan
On January 29, 2021, the EU and Canada adopted four important decisions to ready the novel Investment Court System (ICS) for disputes arising under the EU-Canada Comprehensive Economic and Trade Agreement (CETA).
Timothy J. Feighery, Lee M. Caplan, Ucheora Onwuamaegbu*
The World Bank’s International Centre for Settlement of Investment Disputes (ICSID), the leading arbitration venue for investor-State arbitration, has released its FY2020 caseload statistics.
On September 10, former US State Department lawyers filed a joint amicus brief in the Supreme Court encouraging the justices to reverse a DC Circuit court decision altering the FSIA.
Timothy J. Feighery, Lee M. Caplan
On July 8, 2020, the US Court of Appeals for the Second Circuit rendered its decision in In Re Application and Petition of Hanwei Guo for an order to take Discovery for Use in a Foreign Proceeding Pursuant to 28 U.S.C. 1782 (No. 19-781) (“Hanwei’), confirming that discovery under 28 U.S.C. §1782 is
Malcolm S. McNeil
On June 1, 2020, the US Supreme Court unanimously ruled a non-signatory to an international arbitration agreement can enforce that agreement and rely on domestic state law doctrines to compel others to arbitrate.
Timothy J. Feighery, Lee M. Caplan, Hunter T. Carter, Malcolm S. McNeil, Ucheora Onwuamaegbu*
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.
Timothy J. Feighery, Elliott M. Kroll, Mark S. Fragner
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.
Lee M. Caplan, Timothy J. Feighery
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.
Timothy J. Feighery
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
Timothy J. Feighery
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.
Timothy J. Feighery
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.
Ucheora Onwuamaegbu*
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.
Timothy J. Feighery
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.