By Henri Alvarez and Alexandra Mitretodis, Fasken Martineau DuMoulin LLP
In Sociedade-de-fomento Industrial Private Limited v. Pakistan Steel Mills Corporation, decided on June 2, 2014, the Court of Appeal of British Columbia set the test in international arbitration for enforcing foreign arbitral awards by freezing assets. The decision confirms that a party with limited association to British Columbia may enforce an arbitral award by Mareva injunction without an onus to first establish that enforcement elsewhere was not possible. In considering when to grant an injunction, the court may consider the relative ease or difficulty of enforcement abroad, among other factors. Delay, inconvenie [...]
The ICSID Convention threshold for arbitrators’ challenges, upholding challenges only if arbitrators exhibit a manifest lack of the qualities required to sit as arbitrators (Art. 57 ICSID Convention), has in the past been criticized as being too strict.
Recently, however, few decisions, discussed in this post, seem to show that the ICSID “manifest” threshold is being interpreted differently, and more in line with the more common “appearance of bias” standard.
In Blue Bank v. Venezuela, decided in November 2013, the Chairman of the World Bank Administrative Council (Chairman), Dr. Jim Yong Kim, decided and accepted the proposal to disqualify Claimant’s appointee, José María Alon [...]
The Institute for Transnational Arbitration (ITA) held its 26th Annual ITA Workshop in Dallas, Texas on June 18-20, 2014. This year’s ITA Workshop, titled “Modern Enforcement of Arbitral Awards: ‘Show Me the Money,’” covered a range of recent developments and strategic considerations relating to the enforcement of arbitral awards.
To kick-off this Workshop, the ITA Young Arbitrators Initiative Committee presented the Young Arbitrators Dallas Roundtable on June 18th. The Roundtable was divided into two panels, each consisting of three experienced international arbitration practitioners.
Valeria Galíndez, Counsel at Uría Menéndez in São Paulo and Chair of the ITA Yo [...]
The keynote speaker at this year’s ITA Annual Workshop was the Honorable Bernardo Sepúlveda-Amor. Judge Sepúlveda-Amor is Vice President of the International Court of Justice and a professor of international law at El Colegio de México. He has previously served on the United Nations International Law Commission, as Mexico’s Secretary of Foreign Affairs, and as its Ambassador to the United States and the United Kingdom.
Judge Sepúlveda-Amor shared his perspectives on the relationship between the enforcement of international arbitral awards and State responsibility under international treaties. Several tribunals, he explained, have held States responsible for failure to enforce arbitra [...]
Between February and March 2014, the Survey on the Use of Soft Law Instruments in International Arbitration was open for responses here at Kluwer Arbitration Blog. The users were asked to report on their real-live encounters with the following instruments and notions: IBA Rules on the Taking of Evidence, IBA Guidelines on Conflicts of Interest, IBA Guidelines on Party Representation, UNIDROIT Principles for International Commercial Contracts, Lex Mercatoria including similar expressions, and CIArb Guidelines and Protocols. The question was whether the respondents had invoked, used or applied one of those concepts or instruments when acting as lawyers or arbitrators in international proceedin [...]
The Institute for Transnational Arbitration (ITA), the Asociación Latinoamericana de Arbitraje (ALARB) and the Comitê Brasileiro de Arbitragem (CBAr), are pleased to announce the launch of a new online forum for the discussion of pertinent legal issues relating to arbitration of Latin American business disputes.
The ITA Latin American Arbitration Forum (ITAFOR) provides a listserv platform for informed discussion of the important issues of the day. The Forum will focus on current issues, practical questions and new developments and is not intended as a forum solely for extended academic expositions or deba [...]