Karl Bayer's Disputing Blog » International arbitration

Article | Ten Hallmarks of Effective Arbitration Agreements with Sovereigns and State Entities

By Victoria VanBuren - February 2, 2012

We recently came across an interesting article published at Lexology. The piece, written by Mayer Brown, LLP partner William H. Knull, III, is entitled “Ten Hallmarks of Effective Arbitration Agreements with Sovereigns and State Entities.” Here is an excerpt: Arbitrating with sovereigns involves all of the issues inherent in proceedings between private entities plus a variety of specialized concerns. This article lists 10 of the most

Article | Class and Collective Relief in the Cross-Border Context: A Possible Role for the Permanent Court of Arbitration

By Victoria VanBuren - January 31, 2012

Our blog contributor professor S.I.Strong has just published the article “Class and Collective Relief in the Cross-Border Context: A Possible Role for the Permanent Court of Arbitration.” The piece compares the benefits of large-scale litigation and large-scale arbitration in the cross-border context, and considers whether there is a role that the Permanent Court of Arbitration can play in resolving mass disputes of this type. Here is the abstrac

2011 Developments in International Arbitration

By Victoria VanBuren - December 27, 2011

Today, Disputing continues its 2011 Year-End Highlights. Following are some of the recent developments in international arbitration published in 2011 by the International Law Office (free registration is required to view the articles): Brazil: Let’s continue to talk about arbitration! Canada: Validity of arbitration agreement is issue for arbitral tribunal, not court Denmark: New rules make arbitration faster and better Germany: Supreme Cou

GUEST-POST PART II | No Mass Arbitration in ICSID Cases – The Abaclat Dissent

By Victoria VanBuren - December 12, 2011

By S.I. Strong Some interesting new arguments found their way into the dissenting opinion. For example, the dissent considered how mass claims are treated under various United Nations mass claims processes, claiming that these processes are analogous to ICSID arbitrations. See Award dated October 28, 2011, ¶¶ 176-81. This is an interesting proposition that bears closer analysis, since there are likely a variety of ways that the Permanent Court of

GUEST-POST PART I | No Mass Arbitration in ICSID Cases – The Abaclat Dissent

By Victoria VanBuren - December 9, 2011

By S.I. Strong On October 28, 2011, a dissenting opinion regarding the preliminary decision on jurisdiction and admissibility was issued in the ground-breaking case of Abaclat (formerly Beccara) v. Argentine Republic, ICSID Case No. Arb/07/5 (available here ). The majority award was issued on August 4, 2011 (available here ) and was discussed on this blog here. The majority decision was remarkable in that it constituted the first time that an arb

Recent Developments in International Arbitration | Nov. 2011

By Victoria VanBuren - November 17, 2011

Following are this month’s recent developments in international arbitration law published by the International Law Office (free registration is required to view the articles): Finland: New legislation promotes mediation for commercial disputes Mexico: Appointment and powers of emergency arbitrators USA: New York legislature considers Article 75 bill Brazil: Superior Court sheds light on the concept of public order Malaysia: Court empowered

Chartered Institute of Arbitrators |The Alexander Lecture 2011, London Nov. 16

By Victoria VanBuren - November 8, 2011

The Chartered Institute of Arbitrators (CIArb) will host its annual Alexander Lecture. President of the UK Supreme Court and CIArb Patron The Right Hon the Lord Phillips of Worth Matravers will analyse the judgments made by the Supreme Court and the Paris Court of Appeal in the landmark case of Dallah v Pakistan. Lord Phillips will consider why the two courts came to different conclusions, exploring the possible implications for the arbitration c

ABA Article | Fixing the Way Multi-Arbitrator Tribunals Are Formed

By Victoria VanBuren - November 1, 2011

We came across an interesting article at the ABA Section of Litigation entitled Fixing the Way Multi-Arbitrator Tribunals Are Formed. The piece, written by Herman Manuel Duarte, discusses common issues with unilateral appointments of arbitrators. Here is an excerpt: One of the pressing issues in international arbitration is the practice of unilaterally appointing arbitrators and its effect on the decision-making process. The term “unilateral appo

Recent Developments in International Arbitration | Oct. 2011

By Victoria VanBuren - October 26, 2011

Following are this month’s recent developments in international arbitration law published by the International Law Office: France: Arbitrators cannot seek a ruling on the constitutionality of statutory provisions Portugal: Back on the right track: Supreme Court rules on multi-contract arbitration United Kingdom: Court of Appeal rules on arbitrability of shareholder’s claims Technorati Tags: law, ADR, arbitration

ICC 9th Annual Miami Conference | Nov. 6, 2011

By Victoria VanBuren - October 19, 2011

The International Chamber of Commerce (“ICC”) will host its 9th Annual Miami Conference in Miami on Nov. 6, 2011. The event will launch the new ICC Rules of Arbitration, which have been revised to take into account new developments in international arbitration practice. Read more about the rules here. You may download the conference program here. Online registration is here. Technorati Tags: arbitration, ADR, law