Karl Bayer's Disputing Blog » International arbitration

S.D. of Texas Confirms Foreign Arbitration Award Where Fraud Was Alleged

By Beth Graham - April 25, 2011

The Southern District of Texas has confirmed a foreign arbitration award despite that fraud was alleged because the public policy defense specified in the New York Convention does not preclude confirmation of a foreign arbitral award where the party arguing against confirmation also allegedly participated in the fraud. In Tamimi Global Co. v. Kellogg Brown & Root LLC, No. H-11-0585, (S.D. Tex., March 24, 2011), the United States of America aw

Fulbright & Jaworski Publish 2011 International Arbitration Report

By Beth Graham - April 21, 2011

Disputing would like to thank Don Philbin for alerting us to the recent publication of Fulbright & Jaworski, LLP’s 2011 International Arbitration Report, Issue 1. According to the firm’s website, Issue 1 topics include: Section 1782 Update The State of Necessity Defense in Investor-State Arbitration The Compatibility of EU Law with Bilateral Investment Treaties between EU States New Arbitration Law Passed in Hong Kong A complimentary copy of

Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration Symposium Columbia, MO | October 21

By Beth Graham - April 6, 2011

Mark your calendars! On October 21, 2011, the University of Missouri School of Law Center for the Study of Dispute Resolution will host its annual symposium in cooperation with the Chartered Institute of Arbitrators (CIArb) North American Branch, the University of Missouri International Center and the University of Missouri Transatlantic Center. The symposium, entitled Border Skirmishes: The Intersection Between Litigation and International Comme

S.D. Texas Declines to Enjoin Pending Foreign Arbitration Proceeding

By Beth Graham - March 23, 2011

The Southern District of Texas has denied an ex parte emergency application for a temporary restraining order which sought to enjoin a pending foreign arbitration proceeding because the party seeking the order failed to meet its burden under Rule 65 of the Federal Rules of Civil Procedure. In S&T Oil Equipment and Machinery, LTD v. Juridica Investments Ltd., No. H-11-0542 (S.D. Tex., March 10, 2011), S&T Oil entered into an investment con

GUEST-POST | Italy’s Lawyers Call for National Strike Against Mediation Law

By Beth Graham - February 25, 2011

by Michael McIlwrath A new law requiring mediation to be used in commercial cases comes into effect in Italy on March 21. It’s been heralded as a significant potential change and, you would think for a country with a famously overburdened court system, heartily welcomed as a caseload-reducing initiative. Proactive local chambers of commerce have been sponsoring initiatives to promote the introduction of mediation, and mediation providers have bee

IBA Updates Rules on the Taking of Evidence in International Arbitration

By Beth Graham - January 31, 2011

On May 29, 2010, the International Bar Association (IBA) Council adopted new Rules on the Taking of Evidence in International Arbitration. The new Rules, developed by a Subcommittee comprised of 22 practitioners from a wide variety of legal systems, reflect the first amendments since 1999. The revised rules apply to any agreement to use the IBA Rules made after May 29, 2010. According to the January 18, 2011 American Bar Association Section of In

Article | United Nations Commission on International Trade Adopts Revised UNCITRAL Arbitration Rules

By Beth Graham - January 24, 2011

Earlier this month, Stephen P. Anway, a partner in the Cleveland, OH office of Squire, Sanders & Dempsey, LLP, authored an article which summarizes recent changes to United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules. The article, entitled United Nations Commission on International Trade Adopts Revised UNCITRAL Arbitration Rules, discusses the revisions to the UNCITRAL Arbitration Rules, adopted in 2010. As stat

Article | IBA Revises Rules on the Taking of Evidence in International Arbitration

By Beth Graham - December 21, 2010

Disputing would like to thank Paul Lurie for alerting us to an interesting article published in Lexology on December 10th entitled IBA revises rules on the taking of evidence in international arbitration by Stephen Anway and George Von Mehren of the Cleveland, OH office of Squire, Sanders & Dempsey, LLP. Here is a summary: While the revised IBA Rules maintain important aspects of the 1999 version, they introduced several changes intended to u

CIArb Launches Major Survey Into Costs of International Arbitration

By Beth Graham - December 9, 2010

On November 26th, the Chartered Institute of Arbitrators (CIArb) launched a major survey into the costs of international arbitration. According to the CIArb News: The ‘Costs of Arbitration’ survey will gather data to inform parties, legal representatives and arbitrators about the overall costs of international commercial arbitration and how these are incurred at each stage. The results will be analysed and presented at an internationa

UNCITRAL Revises International Arbitration Rules

By Beth Graham - December 8, 2010

After 34 years, the United Nations Commission on International Trade Law (UNCITRAL) has revised its International Arbitration Rules. The revised Rules seek to expedite the arbitration process and account for changes in technology since the Rules were originally adopted in 1976. According to Ben Allen and Adam Hunter of Norton Rose LLP’s Sydney Office, the following changes apply to international arbitration agreements that took effect after Augus