If recent speculation is to be believed, the EU and US are sleep-walking into a scenario where they surrender their regulatory sovereignty to a conclave of self-interested and corrupt lawyers, intent on imposing their will though a collection of “rigged pseudo-courts”. This, so the story goes, will inevitably lead to the destruction of the UK’s sacred National Health Service (NHS), an environmental “free-for-all” and a “race to the bottom” for regulatory standards. In many ways,…
TRADITIONAL ARBITRATION INSTITUTIONS IN TIMES OF ANTI-RUSSIAN SANCTIONS There has been discussion in recent months about a potential…
The Energy Charter Treaty (“ECT”) is a multi-national agreement that entered into force in 1998. It is designed…
The High Court of Justice in Northern Ireland had to decide whether it could allow state court proceedings if the parties have failed to pay the advance on costs requested by the ICC. Case note on: Trunk Flooring Ltd v HSBC Asset Finance (UK) Ltd and Costa Rica SRL [2015] NIQB 23 FACTS The plaintiff purchased machinery from the 1st defendant that was manufactured by the 2nd defendant. The plaintiff was dissatisfied with the operation of the machine, so…
The English High Court case of Shagang South-Asia (Hong Kong) Trading Co. Ltd v Daewoo Logistics [2015] EWHC…
What are the differences between the most popular international arbitration rules. You find an updated version of our…
While there are numerous U.S. court decisions holding that federal statute 28 U.S.C. § 1782 may be used to compel discovery in aid of investor-state arbitrations, far fewer have held that § 1782 may be used in aid of private, commercial international arbitrations. A recent decision by the U.S. District Court for the District of New Jersey, In re Owl Shipping, LLC, No. 14-5655 (D.N.J. Oct. 17, 2014), did just that. Factual Background Owl Shipping, LLC and Oriole Shipping, LLC…
Abstract: In 2012, Brazilian and English courts examined the validity of an arbitration agreement executed in Brazil. The…