As announced in my earlier post we will interview Gary Born at the occasion of his new edition of International Commercial Arbitration. This second edition is an authoritative 4,500 page treatise, in three volumes, providing the most complete and up-to-date available commentary and analysis on all aspects of the international commercial arbitration process. We will talk about his work as counsel and arbitrator at WilmerHale and also as professor at various universities around the world. And of course we will also discuss his new edition.
The interview will take place via webinar on 4th March at 15.00 GMT. Please click here to register.[...]
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 fraud arbitrable?
In England there is no public policy requiring issues of fraud to be decided by the courts. Therefore, accusations of fraud are in principle capable of falling within the scop [...]
By Karen Mills, Mirèze Philippe and Ileana M. Smeureanu
The views expressed are those of the authors alone and should not be regarded as representative of or binding upon the institution or the law firms they belong to.
In the last twenty years there has been a proliferation of books, publications and articles about arbitration. Since the last decade arbitration news exchanges on listserves and through newsletters have further added to this industry of arbitration documentation. The arbitration community has noticed this phenomenon and sees in this abundance of material the desire of practitioners to share their knowledge and experience. Newcomers in the field can also see that the best way [...]
By Luke Eric Peterson
There’s perennial discussion in the arbitration world as to the definition and legal implications of corruption in the context of international arbitration – including for example in a recent investment case involving Uzbekistan – but it’s less common to see discussions of corruption in the context of relations between arbitration lawyers and their governmental clients.
However, the U.S. Department of Justice (DOJ) has recently issued an “opinion letter” at the request of an unnamed U.S.-based arbitration lawyer, offering a view as to whether payment by that individual of the medical expenses of a foreign government official’s daughter would place the attorney at risk [...]
The Office of the United States Trade Representative has issued another update on its long-running dispute with Guatemala over lax protection of worker rights in the latter country.
Readers of this blog may recall that the United States initiated a state-to-state arbitration against Guatemala in 2011, invoking for the first time a fast-track arbitration mechanism contained in the U.S.-Central America Free Trade Agreement (CAFTA).
While requesting arbitration, the United States seemed not to have pushed for the constitution of a tribunal, preferring instead to use the arbitration to pressure Guatemala to agree to a series of labour rights improvements.
Indeed, in April of this year, the USTR [...]
A recent ruling of the Dubai Court of Appeal (see Case No. 1/2013 – Commercial Appeal, ruling of the Dubai Court of Appeal of 9 July 2013) gives new hope that despite the Dubai Court of Cassation’s disappointing approach in Case No. 156/2013 (see my blog of 21st October 2013), the UAE courts are, in principle, firmly committed to and will – bar very minor, politically-motivated exceptions – enforce foreign arbitral awards (at least provided they have been issued in another Convention country) in the terms of the New York Convention (see Convention on the recognition and enforcement of foreign arbitral awards, done in New York on 10 June 1958, as ratified and hence implemented in UAE law by U [...]