George Bermann, the ALI Reporter for the Restatement (Third) on the U.S. Law of International Commercial Arbitration, presented a wonderful summary of the current progress on the Restatement at the ASIL annual meeting last week. Here are a few key thoughts from my notes.
The Restatement is in its early stages and it could take [...] read more »
Archive for March, 2009
Update on Restatement Project
Confusion in Disclosure Guidelines for Arbitrators?
American Bar Association’s International Law Section Criticizes the ABA Dispute Resolution Section’s Subcommittee Draft on Arbitrator Disclosure Guidelines
It has been interesting to watch the strong reaction to the draft disclosure guidelines and checklist for arbitrators proposed by the Disclosure Subcommittee of the Arbitration Committee of the ABA’s Dispute Resolution Section. Over the last two [...] read more »
Can evicted aid groups sue Sudan for breach of investment treaties?
In recent weeks, there has been widespread condemnation of the Sudanese government’s decision to expel 13 international aid agencies operating in Darfur.
The expulsions came, of course, as retaliation for the international arrest warrant issued against Sudanese President Omar Al-Baashir.
Most members of the UN Security Council have denounced the expulsions and warned that they are exacerbating [...] read more »
Pitfalls in proceedings to set aside an arbitral award in Switzerland
In a recent decision of 22 January 2009 (4A_424/2008), the Swiss Federal Supreme Court had to consider an appeal against a decision of the Court of Arbitration for Sport (CAS). In the run-up to the 2008 Summer Olympics in Beijing, a qualifying competition was held for the women’s Olympic hockey tournament. The Spanish team won [...] read more »
Ups and Downs In Institutional Arbitration
“…so many construction disputes are now heading towards arbitration” remarks the calling notice for the next Society of Construction Law-Gulf event in Dubai in April. Around the world, the economic downturn is producing very many financial disputes. The speculation is that with the global recession deepening, the number of arbitrations is set to [...] read more »
English court sets aside an award on the basis of serious irregularity, but confirms the doctrine has limited scope
A recent decision of the English High Court (F Ltd v M Ltd [2009] EWHC 275 (TCC)) confirms that the Court may intervene and allow successful challenge of an arbitral award in order to protect parties against the unfair conduct of an arbitration. However, the case also demonstrates that the applicable test (i.e. a serious [...] read more »
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