On 23 June 2016, the British public voted 51.9% in favor of leaving the EU (“Brexit“). Legal practitioners, as well as businesses that are or may at some point be involved in disputes, are recommended to consider how this referendum will affect them. This article discusses some of the implications of the referendum for international commercial arbitration: what it means for ongoing London arbitrations (at 1.), what it means for future disputes (at 2.), and…
“According to the fair play of the world, Let me have audience.” William Shakespeare Whilst Shakespeare’s words echo…
In Albaniabeg Ambient Sh.p.k. v. Enel S.p.A. and Enelpower S.p.A., No. 15 Civ. 3283 (S.D.N.Y. Mar. 11, 2016),…
In Al Rushaid v. National Oilwell Varco, Inc., No. 15-20260 (5th Cir. Feb. 17, 2016), the Fifth Circuit refused appellate review of an order compelling arbitration under one arbitration clause but denying it under another, despite acknowledging that the result would be fragmented arbitration. Plaintiffs Al Rushaid Parker Drilling, Ltd. (“ARPD”), Rasheed al Rushaid, and Al Rushaid Petroleum Investment Corp. sued defendants National Oilwell Varco, Inc., National Oilwell Varco LP (“NOV LP”), NOW Oilfield Services,…
The topic of arbitrator bias has been the subject of two recent English law cases: W Limited v.…
One of the central questions considered by the court in Barrier Limited v Redhall Marine Limited [2016] EWHC…
In a recent case the English High Court refused to apply the IBA Guidelines on Conflicts of Interest 2014 (IBA Guidelines) when it considered a challenge to an arbitrator. Instead, in applying the English common law test for apparent bias, it concluded that there was no apparent bias despite the circumstances falling within the non-waivable red list under the IBA Guidelines. The case demonstrates that although the English court will have regard to the IBA…
On 19 January 2016, the English High Court in Pencil Hill Ltd v US Citta Di Palermo SpA…
Are offers to arbitrate in BITs (Bilateral Investment Treaties) between EU member states compatible with the laws of…
You might have asked yourself whether it really makes a difference whether you agree in your arbitration clause on the ICC Arbitration Rules or any other international arbitration rules. You will find the answer to this question in this latest Chart of Arbitral Institutions comparing the ICC, LCIA, SCC, CIETAC, SIAC, HKIAC, and UNCITRAL Arbitration Rules.