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In Arbitration Procedure

NAFTA in Play: Investors’ Arbitration Rights

by and 9 Mins Read

With the ascension of the Trump administration, there is a question whether the investor-state dispute settlement (“ISDS”) provisions under the NAFTA will survive. This note examines the potential effects of such a repeal on investors in NAFTA countries. NAFTA contains 22 chapters dealing with trade and governance issues. NAFTA Chapter 11, titled “Investment,” deals with each state’s treatment of investments made by nationals of other NAFTA parties. Chapter 11 provides protections against mistreatment of investments,…

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In Arbitration Procedure

New Year, New Rules: How Singapore and Stockholm are vying for a piece of the investment arbitration pie

by 13 Mins Read

While toasting the New Year over a glass or two of champagne, it may have gone unnoticed to many of us that the strike of midnight also marked a more momentous event: the coming into force of two new sets of arbitration rules. On 1 January 2017, the Stockholm Chamber of Commerce (“SCC”) Arbitration Rules 2017 (the “SCC Rules “)[1] and the Singapore International Arbitration Centre (“SIAC”) Investment Arbitration Rules 2017 (the “SIAC IA Rules”)[2]…

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In Arbitration Procedure

Equitable Estoppel and the FAA: Are the Finality of Arbitration Awards at Risk?

by 5 Mins Read

The Federal Arbitration Act (FAA) reflects U.S. Congressional approval of the finality of arbitration. Indeed, the FAA and interpretive case law provide for the vacatur of arbitration awards on grounds so limiting that it is very rare to obtain a satisfactory appellate result. And for those who believe they have a valid basis to vacate an arbitration award – such as a claim of fraud or arbitrator corruption – Section 12 of the FAA requires…

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In Arbitration Procedure

ICC publishes arbitrator’s details – A new level of transparency

by and 3 Mins Read

At the beginning of the year, the ICC announced that as of this year it will publish the ICC- and party-appointed arbitrators’ names and details on its website to bolster transparency in arbitration (see http://www.globalarbitrationnews.com/new-year-new-policies-icc-bolster-arbitrator-efficiency-transparency-arbitrations/). In June 2016, the ICC turned these words into action and released for the first time the arbitrators’ details in a chart on its website.[1] The chart contains sections for the arbitrators’ names, nationalities, roles, their appointment method and their…

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