Karl Bayer's Disputing Blog » International arbitration

International: Spain Launches Civil Mediation Program

By Victoria VanBuren - January 27, 2010

Jose Antonio Garcia Alvaro from ADR Resources (ARyME) reports: In Spain, Catalonia has always been a step ahead of the rest of the country when it comes to mediation. Catalonia was the first region in the country to pass an act regulating family mediation, and the first ever to legislate civil mediation at large. Valladolid (a province of the larger Castilla-León region) follows suit, and has decided to pilot-test a court-annexed program on civil

International: Why Further Development of ADR in Latin America Makes Sense

By Victoria VanBuren - January 14, 2010

We came across a very interesting article entitled “Why Further Development of ADR in Latin America Makes Sense: The Venezuelan Model,” by Jose Alberto Ramirez Leon, 2 Journal of Dispute Resolution 399 (2005). The article provides an overview of the problems with the Venezuelan system of justice, ADR developments in the country, obstacles for further development of ADR in Venezuela, and proposals to overcome those obstacles. Here is a

On the International News: Mediation in Hong Kong

By Victoria VanBuren - January 5, 2010

Karl Bayer came across this interesting recent reform affecting the resolution of disputes in Hong Kong: Judiciary makes case for mediation Monday, January 04, 2010 Mediation, a process that aims to resolve disputes and keep them out of the courts, takes another step forward today with the Judiciary opening an information office on the practice.The Mediation Information Office has been established under the Judiciary’s Practice Direction 31

American Review of International Arbitration Article | Evidence and Discovery in American Arbitration: The Problem of ‘Third Parties’

By Victoria VanBuren - November 16, 2009

Alan Scott Rau, Professor at The University of Texas School of Law and contributor to this blog, wrote recently an excellent article entitled Evidence and Discovery in American Arbitration: The Problem of ‘Third Parties,’ American Review of International Arbitration, Fall 2009. We invite you to check out Professor Rau’s well-known skillful writing on the evolving issue of arbitral powers to collect evidence from non-parties to a

Michigan Journal of International Law Article on Class Action Arbitration

By Victoria VanBuren - September 23, 2009

Professor S.I. Strong, Senior Fellow at the University of Missouri’s Center for the Study of Dispute Resolution wrote an excellent article about the international implications of class arbitration. The article is entitled “The Sounds of Silence: Are U.S. Arbitrators Creating Internationally Enforceable Awards When Ordering Class Arbitration in Cases of Contractual Silence or Ambiguity?” and appears at 30 Michigan Journal of Inte

Fifth Circuit Decides on Waiver of Removal Rights Under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards

By Victoria VanBuren - August 25, 2009

The United States Court of Appeals for the Fifth Circuit held that a contract containing a choice of law and forum clause effectively waives the right to remove to federal court under the New York Convention. In ENSCO International Inc. v. Certain Underwriters at Lloyd’s et. al. (No. 08-10451) (5th Cir. Aug. 12, 2009), plaintiff ENSCO International, Inc. is an offshore drilling oil and gas company and defendants are several insurance underw

WIPO Arbitration and Mediation Center: Lacoste v. LaCoste

By Victoria VanBuren - August 21, 2009

A panel at the World Intellectual Property Organization (“WIPO”) decided recently the domain name dispute Lacoste Alligator S.A. v. LaCoste Healing Jewelry, WIPO Case No. D2009-0700. The Complainant is Lacoste Alligator, S.A., a clothing company famous for manufacturing tennis shirts, owner of the word mark LACOSTE (USPTO No. 1947111). Respondent is LaCoste Healing Jewelry, owned by Audrey LaCoste. The disputed domain name is <laco

Fifth Circuit Rules on Section 1782 Discovery Motion for International Arbitration Case

By Victoria VanBuren - August 18, 2009

In an unpublished opinion, the United States Court of Appeals for the Fifth Circuit held that section 1782 does not apply for a discovery motion for use in a private international arbitration. In El Paso Corporation v. La Comision Ejecutiva, (No. 08-20771) (5th Cir. Aug. 6, 2009), La Comision Ejecutiva Hidroelectrica Del Rio Lempa (“CEL”) is a state-owned utility company in El Salvador and Nejapa Power Company (“NPC”) is a

Fifth Circuit Confirms International Commercial Arbitration Award

By Victoria VanBuren - June 22, 2009

In an unpublished opinion, the United States Court of Appeals for the Fifth Circuit held that an International Chamber of Commerce (ICC) arbitral tribunal did not exceed its powers and affirmed the confirmation of the arbitral award. Retired United States Supreme Court Justice Sandra Day O’Connor sat by designation with Circuit Judges Wiener and Stewart. In Saipem America v. Wellington Underwriting Agencies Limited, No. 08-20247 (5th. Cir.

Kluwer Arbitration: The Case for Publication of Arbitral Awards

By Victoria VanBuren - June 19, 2009

The Kluwer Arbitration Blog had a recent post discussing the the issue of whether international arbitral awards should be published. As this parallels the arguments we find in U.S. arbitration, we thought you might be interested in reading it. The authors, Alexis Mourre and Alexandre Vagenheim, elaborate on the following questions: 1. Is Arbitral Jurisprudence anything more than a myth? 2. How does persuasiveness of past awards operate? 3. Is Pre