Author: Maarten

by Ernesto J. Sanchez (Attorney-at-Law, Miami)

The U.S. Federal Arbitration Act (FAA), which explicitly incorporates the New York Convention into U.S. law, provides for the judicial facilitation of private dispute resolution through arbitration where a transaction at issue concerns “interstate commerce.” More specifically, the FAA allows for contractually based compulsory and binding arbitration, whereby parties give up the right to a court appeal on substantive grounds.[1] Continue reading The Interplay Between U.S. Foreign State Immunity Law and U.S. Arbitral Award Enforcement: a Case Study

by Eric van Eyken (B.A, B.C.L. / LL.B (McGill), LL.M. (Miami – Young ICCA Scholar))

The near final text (1 August 2014) of the Canada-EU Trade Agreement (CETA) is being circulated in Brussels (and leaked on the internet thanks to the German news service Tagesshau). A reading indicates that the CETA attempts to increase the accessibility of international investment arbitration. The CETA resolves current ambiguities regarding the meaning of standard provisions such as FET (Fair and Equitable Treatment) and arbitral pre-conditions. Given indications that the EU plans to use the text as a model for further trade negotiations with countries such as the United States, the CETA is relevant not only for European and Canadian international arbitration practitioners, but also to the global community.
Continue reading The CETA: Simplifying International Investment Arbitration

by Nicholas Queree (Peters & Peters Solicitors LLP, London)

In what circumstances will an arbitral tribunal enjoy a jurisdiction to determine whether a party to an agreement has committed an act of criminal wrongdoing arising out of or in connection with that agreement? That was the issue the English Commercial Court was called upon to consider in the recent case of Interprods Limited v De La Rue International Limited [2014] EHWC 68 (Comm.). Holding that such matters will fall within a tribunal’s jurisdiction save where expressly excluded from any arbitration agreement, the High Court has, once again, demonstrated its willingness to promote and protect the efficacy and integrity of the arbitral process. Continue reading English Commercial Court confirms tribunal enjoys jurisdiction to consider matters of bribery and corruption in the context of arbitral proceedings

By Epaminontas E. Triantafilou (Of Counsel, Quinn Emanuel, London)

Here is a thought.  Let’s move the recitation of the parties’ positions from the front of arbitral awards.   I said “move” not “remove”, so please sheath that sharpened copy of the New York Convention – I come in peace.

Continue reading Is it time for Tribunals to say more and awards to weigh less?

By Rimantas Daujotas (PhD Candidate at Queen Mary, University of London) and Justinas Jarusevicius (PhD Candidate at Vilnius University, Associate at Motieka & Audzevicius in Vilnius)

On 2014-04-02, the Lithuanian Supreme Court revisited the issue of applicability of the arbitration clause to non-signatories in a case between the shareholders of a major retail chain in the Baltics.
Continue reading The applicability of arbitration clause to non-signatories: A Lithuanian view