The purchase and sale of electric power within the Brazilian system is effected through a chamber named “Câmara de Comercialização de Energia Elétrica -…
Arbitration proceedings are becoming increasingly complex.[1] Pleadings are getting longer. Written evidence and the taking of evidence in general are becoming more extensive. 100,000…
District court holds that a tribunal in an ICSID arbitration is not “a foreign or international tribunal” under 28 U.S.C. § 1782 and therefore discovery may not be sought in aid of such an arbitration
In re Application of Alpene, Ltd., No. 21 MC 2547 (E.D.N.Y. Oct. 27, 2022)[1]Factual Background Alpene, Ltd., a Hong Kong corporation, was the claimant…
Third Circuit holds that a correspondence between the parties could be understood as an arbitration agreement under the New York Convention
Jiangsu Beier Decoration Materials Co. v. Angle World LLC, No. 21-3143 (3d Cir. Nov. 3, 2022)[1] Factual Background Jiangsu Beier Decoration Materials Co, Ltd.…
The award covered in this post is a good example of how arbitral tribunals deal with claims for the breach of a financial statements…
German Federal Court of Justice on the level of scrutiny of an arbitral award in case of an alleged violation of public policy
Germany is a Model Law country. As a result, German Law provides for only limited grounds to set aside an arbitral award if the…
Effective 16 December 2022, lawyers in Hong Kong are permitted to fund clients for whom they act in an arbitration by entering into outcome-related…
In Lavvan, Inc. v. Amyris, Inc., No. 21-1819 (2d Cir. Sept. 15, 2022),[1] the Second Circuit affirmed order denying motion to compel arbitration, holding that…
Sanctions against Russia – How to ensure due process of sanctioned parties in court or arbitral proceedings while at the same time enforce the sanctions regime
As reported on this blog[1], in 2020 the Russian State Duma adopted the Law No. 171-FZ “to protect the right to access to justice…
A broadly formulated waiver of appeal may exclude also the possibility of revision of an arbitral award
In a decision published on September 23, 2022, the Swiss Federal Supreme Court (“SFSC”) ruled on the request for a revision of an arbitral…