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The Pemex case: the Ghost of Chromalloy Past?

By Lorraine M. Brennan, Esq 1

The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s institution. 

The international arbitration community sat up and took notice when a recent decision issued by Judge Alvin K. Hellerstein from the Southern District of New York in the Pemex 2 case ordered that an arbitration award that had been set aside by the Mexican courts could be enforced in the United States. The case was particularly noteworthy because there is only one other reported case in the United States—Chromalloy 3 from 1996—which ordered the same result, albeit for different leg [...]

Investment Protection – Swiss Style

The views expressed in this article are those of the authors alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the authors’ respective law firms.

While the press has been full lately of a reported backlash against investment arbitration, Switzerland has been making quiet progress in its efforts to update and expand on the treaty protections enjoyed by Swiss investors.

Switzerland historically has been an attractive location for international corporate headquarters. Corporations domiciled in Switzerland have a longstanding tradition of investing considerable amounts abroad. Despite Switzerland’s relatively small size, it is the seventh-highest direc [...]

Women in Arbitration in Brazil

By Ana Carolina Weber 1 and Eleonora Coelho 2

The views expressed in this article are those of the authors alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the authors’ respective law firms.

The development of arbitration in Brazil has been accelerated in recent years. In fact, although the Brazilian Arbitration Act was enacted in 1996, only five years later the Brazilian Constitutional Court (the “Supremo Tribunal Federal”) recognized the constitutionality of the law and ratified the understanding that any disposable right could be the object of arbitration.

But it was not until 2002 that Brazil ratified the New York Convention on the Recogniti [...]

Effective Management of Arbitration; A Guide for In-House Counsel and Other Party Representatives

The worldwide launch of the Guide for In-House Counsel and Other Party Representatives on Effective Management of Arbitration Guide took place on 6 June 2014 in Paris. The Guide provides a checklist for the procedural decisions that need to be made at each principal phase of an arbitration. Useful in both large and small cases, it enables in-house counsel worldwide to participate effectively in the tailor making process throughout the arbitration proceedings. The Guide was drafted by a Task Force of the ICC Commission on Arbitration & ADR (“Commission”).

John Beechey (President of the ICC International Court of Arbitration) launched the conference, noting that the ICC Rules of Arbitratio [...]

Five Facts About Recognition and Enforcement of Foreign Awards in Central and Eastern Europe

Dr. Ileana M. Smeureanu 1

The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s law firm.

Arbitration has become an accepted dispute resolution mechanism in Central and Eastern Europe (“CEE”) over the last two decades. Over the years, the number of arbitral cases has increased steadily, and local courts have assumed a more favorable attitude to the arbitration process as a whole. Given the diversity of the countries in CEE, arbitral practice in the region is not entirely uniform despite the fact that most CEE countries are parties to international instruments meant to harmoni [...]

The Future of Class, Mass, and Collective Arbitration

The views expressed are those of the author alone and should not be regarded as representative of or binding upon the author’s institution or the ArbitralWomen.

Adam Raviv recently posted an entry about the Eleventh Annual ITA-ASIL Conference on class and mass claims in arbitration. Adam’s summary provides excellent insights into the importance of large-scale arbitration in the international and investment contexts, both now and in the coming years. However, neither Adam nor the panelists had the benefit of a decision that was handed down on April 24, 2014, two weeks after the conference closed. This post considers that decision in light of conference proceedings.

The case in question re [...]

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