2012 Queen Mary / White & Case International Arbitration Survey Launched
- By Paul Friedland, White & Case LLP,
for White & Case
The views of lawyers involved in international commercial and investment arbitration are being sought for a new international arbitration survey from Queen Mary, University of London (QMUL).
Conducted by QMUL’s School of International Arbitration and sponsored by White & Case LLP, the 2012 survey aims to examine whether a “harmonised international arbitration procedure is emerging, by canvassing the views of experienced arbitration practitioners from all over the world,” comments Professor Loukas Mistelis, Director of the School of International Arbitration at QMUL.
Entitled “Current and Best Practices in the Arbitral Process,” the survey is the fourth carried out by QMUL since 2006, [...]
The New ICC Rules: Continuing Evolution of Case Management Powers to Control Costs and Delays in International Arbitration
- By Paul Friedland, White & Case LLP,
for White & Case
The escalation of costs and delays in international arbitration and the consequent dissatisfaction of the system’s users have become prime subjects for users of and commentators on international arbitration.1 An informal study by the Corporate Counsel International Arbitration Group (CCIAG) in 2010 found that every single corporate counsel who was surveyed thought that arbitration ‘takes too long’ and ‘costs too much’.2
It has also been correctly stated that “[w]hether or not concerns about international arbitral efficiency are exaggerated, the international arbitration community must face this discontent and, more importantly, take steps to maintain its legitimacy with its use [...]
The Impact of Stolt-Nielsen on Drafting Arbitration Clauses
- By Paul Friedland, White & Case LLP,
for White & Case
The United States’ Supreme Court opinion in Stolt-Nielsen S.A. v. Animalfeeds International Corp. has already been the focus of much discussion in both U.S. and international arbitration circles. One area of interest for arbitration practitioners is the impact which the decision may or should have on how drafters of arbitration clauses should address the issue of class action arbitrations.
Stolt-Nielsen involved an arbitration brought in New York by AnimalFeeds against Stolt-Nielsen, a commercial shipping company, after Stolt-Nielsen had been subject to a U.S. Department of Justice criminal investigation involving charges of illegal price-fixing. The arbitration was brought pursuant to a [...]
Eleventh Circuit Troubled By Choice of Law Not Choice of Arbitration In Thomas v. Carnival
- By Paul Friedland, White & Case LLP,
for White & Case
A recent decision by the Eleventh Circuit Court of Appeals has attracted attention within the arbitration community as it puts into question the enforceability in the United States of international arbitration agreements where foreign (non-US) law is the governing substantive law. The Eleventh Circuit also mistakenly references Article V of the New York Convention in its discussion of arbitration agreements, which are governed by Article II.
Though it addresses enforcement of an arbitration agreement, the Eleventh Circuit decision may be seen as about choice of law more than about arbitration.
The contract at issue in Thomas v. Carnival Corporation, No. 08-10613 (11th Cir., July 1 [...]
Non-Party Discovery in International Arbitration
- By Paul Friedland, White & Case LLP,
for White & Case
The Federal Arbitration Act (“FAA”) applies to interstate and international arbitrations in the United States, and it defines the limits of an arbitrator’s power to order non-party discovery. See 9 U.S.C. §§ 2 (directing U.S. courts to enforce arbitration agreements in “any maritime transaction or a contract evidencing a transaction involving commerce”) & 7 (related to ordering witnesses to appear before the tribunal).
Unfortunately, U.S. law is muddled, and the courts are divided, on the extent of permissible non-party discovery under the FAA. The recent decision by the Court of Appeals for the Second Circuit in Life Receivables Trust v. Syndicate 102 at Lloyd’s of London he [...]
