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International arbitration
Fifth Circuit Holds Judicial Estoppel Allows Discovery in Private Foreign Arbitration
By Beth Graham - March 7, 2013
The United States Fifth Circuit Court of Appeals has ruled that judicial estoppel made discovery available in a private foreign arbitration under 28 U.S.C. Section 1782. In Republic of Ecuador v. Connor, Nos. 12-20122, 12-20123, (5th Cir. Feb. 13, 2013), the Republic of Ecuador sought discovery from John Connor and his company, GSI Environmental, (“Connor”) related to an ongoing foreign arbitration with Chevron. Previously, Chevron successfully f
Fifth Circuit Refuses to Confirm Foreign Arbitral Award Due to Lack of Jurisdiction
By Beth Graham - February 14, 2013
In a case of first impression, the United States Fifth Circuit Court of Appeals affirmed a district court’s refusal to confirm a foreign arbitral award due to lack of personal jurisdiction. In First Investment Corporation of the Marshall Islands v. Fujian Mawei Shipbuilding, Limited, No. 12-30377 (5th Cir. revised Jan. 17, 2013), First Investment Corporation of the Marshall Islands (“First Investment”) entered into a series of contracts to purcha
Fifth Circuit: Courts Lack Jurisdiction Over Foreign Arbitration Awards
By Victoria VanBuren - January 21, 2013
First Investment Corporation of the Marshall Islands v. Fujian Mawei Shipbuilding, Limited No. 12-30377 http://www.ca5.uscourts.gov/opinions/pub/12/12-30377-CV0.wpd.pdf Before STEWART, Chief Judge, KING and OWEN, Circuit Judges. AFFIRMED. (December 21, 2012). Posted in New York Convention, Arbitration, Personal Jurisdiction The Fifth Circuit affirms that a Court may dismiss a petition to confirm a foreign arbitration award for lack of personal ju
The Chartered Institute for Arbitrators (CIArb) Creates New Trustee Position for Europe
By Victoria VanBuren - January 17, 2013
Elections were held in autumn 2012 to appoint six CIArb Trustees, effective from 01 January 2013. The elections followed the approval of a new Bye-Law, reducing the number of Trustees for Great Britain (England, Wales, Scotland and Channel Islands) from six to five, with one new Trustee representing mainland Europe for the first time in the Institute’s history. The new Trustee for continental Europe was announced as Dr Axel Reeg MCIArb, past Chai
Book | International Commercial Arbitration: A Guide for U.S. Judges
By Victoria VanBuren - January 15, 2013
The U.S. Federal Judicial Center has just published a new monograph entitled “International Commercial Arbitration: A Guide for U.S. Judges.” The text, which was written by Professor S.I. Strong of the University of Missouri, provides readers with information on the intricacies of international commercial arbitration and the various ways that U.S. courts may become involved in the process. The book is part of the Federal Judicial Cent
2012 Developments in International Arbitration
By Victoria VanBuren - December 28, 2012
Today, Disputing continues its 2012 Year-End Highlights. Following are some of the recent developments in international arbitration published in 2012 by the International Law Office (free registration is required to view the articles): Austria: Costly decision: court refuses to set aside arbitral award Austria: Supreme Court defines limits of arbitration agreements Austria: Supreme Court takes restrictive view on state immunity Brazil: Bum
CIArb Declares Universal Arbitration is the Way Forward
By Victoria VanBuren - December 11, 2012
Leading arbitration expert Jan Paulsson argued that universal arbitration is the only way forward if arbitration is to be more inclusive and arbitrators from non-western countries are to operate on a level playing field. Speaking at The Chartered Institute of Arbitrators’ (CIArb) Alexander Lecture entitled Universal Arbitration – what we gain, what we lose on Thursday 29 November, Paulsson referred to the term ‘universal arbitration’ not in a leg
CIArb Well Placed to Provide Arbitral Services to New Regulatory Body
By Victoria VanBuren - December 4, 2012
Further to the recent publication of the Leveson Report, “An inquiry into the culture, practices and ethics of the press”, the Chartered Institute of Arbitrators (CIArb) is well placed to provide arbitral services to a newly created independent regulatory body. In his report published on 29 November 2012, Lord Justice Leveson proposed the use of arbitration as an “essential component” in resolving civil disputes involving the press and the establ
Developments in International Arbitration: Austria, Turkey, Ecuador, UK, Cyprus & Malaysia
By Victoria VanBuren - November 27, 2012
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): Austria: Supreme Court takes restrictive view on state immunity Istanbul: Istanbul set to become international arbitration centre Ecuador: Arbitral tribunal rules against Ecuador United Kingdom: English courts may enforce award that has been set aside Cyprus: Im
The Chartered Institute of Arbitrators Signs Flagship Agreement with the University CEU of San Pablo
By Victoria VanBuren - November 19, 2012
07 November 2012 An agreement setting out the terms for the development of a research plan in the area of Alternative Dispute Resolution (ADR) has been signed by the Chartered Institute of Arbitrators (CIArb) and the University CEU of San Pablo in Madrid. The agreement, which outlines a number of major initiatives, was signed by Anthony Abrahams, Director General of CIArb, and Juan Carlos Dominguez Nafria, Chancellor of the university. Mr Abraham
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