Karl Bayer's Disputing Blog » International arbitration

SCOTUS to Consider Whether Non-Signatory May Compel Arbitration Under New York Convention

By Beth Graham - July 11, 2019

The Supreme Court of the United States has agreed to resolve a circuit split regarding whether a non-signatory to an agreement to arbitrate may compel arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) based on the doctrine of equitable estoppel.

Fifth Circuit Holds International Arbitration Policy Preempts Contrary State Law

By Beth Graham - June 5, 2019

The United States Court of Appeals for the Fifth Circuit has ruled the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Convention”) preempts a state law that prohibits including an arbitration agreement in a property insurance contract despite that the insurance policy also contained a conformity to statute provision designed to amend out any contract provisions that fail to comply with state law.

Collective Redress Arbitration in the European Union

By Beth Graham - May 31, 2019

S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has written a book chapter titled “Collective Redress Arbitration in the European Union,” in International Arbitration and EU Law (Edward Elgar Publishing Ltd, anticipated 2020); University of Missouri School of Law Legal Studies Research Paper No. 2019-09.

UNCITRAL Issues Report Related to Expedited Arbitration

By Beth Graham - May 28, 2019

The United Nations Commission on International Trade Law ("UNCITRAL”), has issued its “Report of Working Group II (Dispute Settlement) on the work of its sixty-ninth session (New York, 4–8 February 2019).”

Arbitrators and the Interpretation of Contacts

By Beth Graham - November 29, 2018

Professor Alan Scott Rau, Mark G. & Judy G. Yudof Chair in Law at the University of Texas at Austin School of Law, has published “Arbitrators and the Interpretation of Contacts,” American Review of International Arbitration, 2019 (Forthcoming).

The ICSID Conciliation Rules in Practice

By Beth Graham - November 7, 2018

Frauke Nitschke, Team Leader and Legal Counsel on one of the Case Management Teams at the International Centre for Settlement of Investment Disputes has published “The ICSID Conciliation Rules in Practice,” Forthcoming, Mediation in International Commercial and Investment Disputes, edited by Catharine Titi and Katia Fach Gómes (Oxford University Press 2018).

Reviewing the Use of “Soft Law” in Investment Arbitration

By Beth Graham - October 30, 2018

José E. Alvarez, Herbert and Rose Rubin Professor of International Law at New York University School of Law, has written “Reviewing the Use of ‘Soft Law’ in Investment Arbitration,” Vol. 7.2 European International Arbitration Review; NYU School of Law, Public Law Research Paper No. 18-46.

English Justice for an American Company?

By Beth Graham - July 3, 2018

Christopher C. French, Professor of Practice at Penn State Law, has published “English Justice for an American Company?,” 97 Tex. L. Rev. Online __ (2018).

Houston Federal Court Confirms Consent Award Based on New York Convention

By Beth Graham - June 5, 2018

The Southern District of Texas in Houston has confirmed a $14 million arbitration award in an international oil and gas dispute.

Baseball Arbitration to Resolve International Law Disputes: Hit or Miss?

By Beth Graham - May 1, 2018

Joost Pauwelyn, Professor of International Law at the Graduate Institute of International and Development Studies (IHEID) in Geneva, Switzerland, Co-Director of the Institute’s Centre for Trade and Economic Integration (CTEI), and Visiting Professor at Georgetown University Law Center in Washington, DC, has published “Baseball Arbitration to Resolve International Law Disputes: Hit or Miss?” Florida Tax Review, Vol. 22, 2018.