Karl Bayer's Disputing Blog » International arbitration

WIPO Arbitration and Mediation Center: Blackberry Wins 101 Disputed Domain Names

By Victoria VanBuren - June 18, 2009

Recently, a panel at the World Intellectual Property Organization (WIPO) granted Research in Motion 101 disputed domain names. In Research in Motion Limited v. Georges Elias, WIPO Case No. D2009-0218, the Complainant is Research in Motion, the owner of the registered marks for BLACKBERRY (U.S. and Canada) and BERRY (Hong Kong). Respondent is Georges Elias, who registered the disputed 111 domain names with GoDaddy.com. The panel applied the follow

ICC Appoints New Members and Officers for the International Court of Arbitration

By Victoria VanBuren - June 12, 2009

Following is a press release by the International Chamber of Commerce (ICC): The ICC World Council has named 12 new vice presidents and 41 new members to the ICC International Court of Arbitration. The new appointments bring the total number of Court members to 125. The ICC World Council made the appointments at its meeting in Kuala Lumpur on the occasion of the ICC World Chambers Federation Congress in Malaysia. In addition to the new appointmen

Domain Name Disputes: SAP Loses Case Against UniSAP

By Victoria VanBuren - May 18, 2009

U.S. District Court Denies Nokia’s Request to Compel Arbitration

By Victoria VanBuren - March 11, 2009

Last week, the U.S. District Court for the Southern District of New York refused to compel arbitration on the grounds that Nokia had waived its rights to arbitrate through its conduct in prior proceedings. The case, Nokia Corp. v. InterDigital, Inc. (2009 U.S. Dist. LEXIS 17376) relates to patent infringement and was heard by the Second Circuit on July 31, 2008 (2008 U.S. App. LEXIS 16328). Back then, the Second Circuit concluded that Nokia waive

“Emergency Measures” Enacted During an Economic Crisis Have Lasting Legal Ramifications

By Karl Bayer - October 10, 2008

[Ed: On the cusp of what looks to be yet another long weekend on Wall Street, this cautionary tale by Chandra.] After enacting policies to stem the economic crisis of 2000-2002, Argentina is locked in multiple arbitrations with foreign investors who were hurt by the government’s actions, which included freezing foreign assets and prices. Most of these disputes revolve around claims that Argentina’s government violated the terms of the US-Argentin

Fifth Circuit Confirms Arbitral Award

By Rob Hargrove - February 28, 2007

Yesterday, the Fifth Circuit handed down an opinion confirming an arbitral award in favor of Texaco (link is to .pdf file) in a contract dispute over some off-shore oil exploration in the Bohai Bay of China. The opinion confirms the award with discussion of two important points, one which has been discussed at length in the Circuit, and one which has not.The arbitrator in this case awarded Texaco more than $71M, some $20M of which was an award of

International Arbitration & Federal Court Jurisdiction

By Rob Hargrove - August 19, 2006

On Thursday, the Fifth Circuit handed down an opinion in a complicated case (link is to .pdf of opinion) which implicates, in part, the Federal Arbitration Act, to the extent it codifies the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (we blogged on the New York Convention and its roots back in June). In any event, while Thursday’s case is not really about arbitration, an international arbitration is at

International Arbitration and U.S. Federal Courts

By Rob Hargrove - June 8, 2006

Just moments ago, the Fifth Circuit released an opinion examining Section 205 of the Federal Arbitration Act (Chapter 2), which allows for the removal of state court actions which relate to an arbitration agreement or award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (commonly referred to as the “New York Convention“). The Fifth Circuit Opinion spends a great deal of time in this case explaining

Fifth Circuit Uses Alter Ego Theory to Confirm Arbitral Award

By Rob Hargrove - April 26, 2006

In 1993, an Argentine company, Bridas, entered in to a joint venture with the government of Turkmenistan, which was recently liberated from the Soviet Union. The venture went south when the government of Turkmenistan demanded a higher royalty percentage than provided by the Joint Venture Agreement. When Bridas refused to capitulate, Turkmenistan simply banned Bridas from the country. A joint venture with a government of an unstable and new countr