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International Arbitration
Miami Shines as International Arbitration Hot Spot
March 4, 2014
It sounds like international arbitrators are taking a page out of Will Smith’s book (or at least one of his songs), because Miami has become the hot spot for alternative dispute resolution, according to Joseph Mamounas and Jose Ferrer in Bilzin Sumberg’s New Miami blog. Miami is home to the Latin American headquarters for many multinational companies and is the worldwide base of at least five of the Fortune 500 corporations, according to Mamounas and Ferrer, making it a prime corporate...
March 4, 2014
It sounds like international arbitrators are taking a page out of Will Smith’s book (or at least one of his songs), because Miami has become the hot spot for alternative dispute resolution, according to Joseph Mamounas and Jose Ferrer in Bilzin Sumberg’s New Miami blog. Miami is home to the Latin American headquarters for many multinational companies and is the worldwide base of at least five of the Fortune 500 corporations, according to Mamounas and Ferrer, making it a prime corporate...
Procedural Issues Resulting From a Fraud Claim in International Commercial Arbitration
February 17, 2014
Allegations of fraud and corruption are increasingly encountered in international arbitrations but there is at times a perception that international arbitration, which is by nature a private and consensual dispute resolution mechanism, is ill-equipped to handle the challenges thrown up by such allegations. This is particularly so when looking at arbitral procedure. Is this perception justified or is international arbitration flexible enough a tool to overcome these challenges? Is a dispute concerning...
February 17, 2014
Allegations of fraud and corruption are increasingly encountered in international arbitrations but there is at times a perception that international arbitration, which is by nature a private and consensual dispute resolution mechanism, is ill-equipped to handle the challenges thrown up by such allegations. This is particularly so when looking at arbitral procedure. Is this perception justified or is international arbitration flexible enough a tool to overcome these challenges? Is a dispute concerning...
Canada Joins the Global Arbitration Club
November 25, 2013
Canada has joined the ranks of 150 other countries that use a global court for international arbitration, which the government...
November 25, 2013
Canada has joined the ranks of 150 other countries that use a global court for international arbitration, which the government...
New York Gets Specialist Judge for International Arbitration Matters
November 10, 2013
In an Administrative Order dated September 16 , 2013, the Chief Administrative Judge of the Courts of New York State, Hon. A. Gail Prudenti, designated Hon. Charles E. Ramos, Justice of the Supreme Court, New York County, to handle all international arbitration cases before the Commercial Division, New York County, including those brought under CPLR Article75 or under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. There is an exception for matters with no transnational component arising entirely...
November 10, 2013
In an Administrative Order dated September 16 , 2013, the Chief Administrative Judge of the Courts of New York State, Hon. A. Gail Prudenti, designated Hon. Charles E. Ramos, Justice of the Supreme Court, New York County, to handle all international arbitration cases before the Commercial Division, New York County, including those brought under CPLR Article75 or under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. There is an exception for matters with no transnational component arising entirely...
Contrasting U.S. Litigation and International Arbitration
October 31, 2013
American litigators know that there is often a tortuous road between the filing of the complaint and trial. The parties’ positions, and how each side views the facts, tend to evolve through the initial pleadings, amended pleadings, motions to dismiss, documentary discovery, depositions, summary judgment motions, pretrial submissions, motions in limine, pretrial statements, trial briefs, and the course of trial itself. It is often not until after discovery is completed and summary judgment motions...
October 31, 2013
American litigators know that there is often a tortuous road between the filing of the complaint and trial. The parties’ positions, and how each side views the facts, tend to evolve through the initial pleadings, amended pleadings, motions to dismiss, documentary discovery, depositions, summary judgment motions, pretrial submissions, motions in limine, pretrial statements, trial briefs, and the course of trial itself. It is often not until after discovery is completed and summary judgment motions...
The Supreme Court’s New Arbitrability Options
September 27, 2013
An enduring issue in U.S. jurisprudence has been the difficulty of determining when a court, rather than an arbitral tribunal, should make the initial decision on whether the arbitrators have the authority to hear a dispute. Although the Supreme Court has provided general guidance on this “gateway” question in a few cases, there has been substantial room for lower court judges to fashion an array of arbitrability rulings. The tendency has been to favor the arbitrators as the first stop, drawing...
September 27, 2013
An enduring issue in U.S. jurisprudence has been the difficulty of determining when a court, rather than an arbitral tribunal, should make the initial decision on whether the arbitrators have the authority to hear a dispute. Although the Supreme Court has provided general guidance on this “gateway” question in a few cases, there has been substantial room for lower court judges to fashion an array of arbitrability rulings. The tendency has been to favor the arbitrators as the first stop, drawing...
Court Rejects Arbitrator Bias For Professional Interactions
September 3, 2013
Earlier this month, the US Court of Appeals for the 11th Circuit issued a unanimous per curiam “not for publication” opinion in Federal Deposit Insurance Corporation, as Receiver for Republic Federal Bank N.A. v. IIG Capital LLC (11th Cir. Docket No. 12-10686, August 7, 2013)(Carnes, C.J., Martin & Kravitch), succinctly rejecting an attack on an international arbitration award based on allegations of “evident partiality” under the U.S. Federal Arbitration Act arising out of contacts...
September 3, 2013
Earlier this month, the US Court of Appeals for the 11th Circuit issued a unanimous per curiam “not for publication” opinion in Federal Deposit Insurance Corporation, as Receiver for Republic Federal Bank N.A. v. IIG Capital LLC (11th Cir. Docket No. 12-10686, August 7, 2013)(Carnes, C.J., Martin & Kravitch), succinctly rejecting an attack on an international arbitration award based on allegations of “evident partiality” under the U.S. Federal Arbitration Act arising out of contacts...
Empowering the Growth of International ADR: Cries for Change
July 18, 2013
Part 1 of this post touched on rumblings for more transparency in arbitration. But there is more than the distant sound of thunder, and it’s coming closer. As arbitration and mediation are both highly competitive and fragmented fields, it is hard for providers to act collectively. Yet they must. The only forums where arbitration organizations come together at an international level conferences of the ABA Section of Dispute Resolution, the Institute for Transnational Arbitration (ITA) and the International...
July 18, 2013
Part 1 of this post touched on rumblings for more transparency in arbitration. But there is more than the distant sound of thunder, and it’s coming closer. As arbitration and mediation are both highly competitive and fragmented fields, it is hard for providers to act collectively. Yet they must. The only forums where arbitration organizations come together at an international level conferences of the ABA Section of Dispute Resolution, the Institute for Transnational Arbitration (ITA) and the International...
IBA Adopts New Guidelines on Party Representation in International Arbitration
June 24, 2013
Last week, the International Bar Association adopted new “IBA Guidelines on Party Representation in International Arbitration.” The guidelines were reportedly designed to create a more uniform and equitable experience for both attorneys and arbitrators engaged in international arbitral disputes. According to the International Bar Association: The committee and its Task Force on Counsel Conduct have produced guidelines for party representation and counsel conduct in international arbitration. The...
June 24, 2013
Last week, the International Bar Association adopted new “IBA Guidelines on Party Representation in International Arbitration.” The guidelines were reportedly designed to create a more uniform and equitable experience for both attorneys and arbitrators engaged in international arbitral disputes. According to the International Bar Association: The committee and its Task Force on Counsel Conduct have produced guidelines for party representation and counsel conduct in international arbitration. The...
International Arbitration Survey 2013: Corporate Choices in International Arbitration by PwC
June 6, 2013
The 2013 Survey, 'Corporate choices in International Arbitration' has been issued by PwC and Queen Mary, University of London. The survey investigates how corporations use international arbitration with a particular emphasis on companies in three sectors of strategic importance to the world economy – Energy, Construction and Financial Services. Major corporations, across different industry sectors, continue to affirm the benefits of arbitration to resolve transnational disputes. Corporations...
June 6, 2013
The 2013 Survey, 'Corporate choices in International Arbitration' has been issued by PwC and Queen Mary, University of London. The survey investigates how corporations use international arbitration with a particular emphasis on companies in three sectors of strategic importance to the world economy – Energy, Construction and Financial Services. Major corporations, across different industry sectors, continue to affirm the benefits of arbitration to resolve transnational disputes. Corporations...
