Search for:
Category

North America

Category

We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now available. This 15th edition looks at key developments in arbitration from the last year in 46 jurisdictions, including: New arbitral rules from major institutions such as including ACICA, AFSA, AIAC, ICSID, JAMS, JCAA, SWISS, and UNCITRAL.The increasing use of artificial intelligence and technology in arbitration, such as electronic filing and case management platforms, as well as virtual/hybrid…

No training programme for first year arbitration associates is complete without an exploration of the advantages of arbitration versus litigation. Young lawyers learn the attractions of confidentiality and the enforcement benefits of the New York Convention. They hear the risks of finality and potential lack of predictability. Ultimately, we explain these to our clients, who make the decisions. Similarly, many surveys in our industry start with the same question: do you prefer arbitration or litigation?…

DIGOIL v. Democratic Republic of Congo, No. 20-cv-1130 (RJL) (D.D.C. Sept. 14, 2021) [click for opinion] Factual Background In 2007 and 2008, DIGOIL, a South African oil exploration company, entered into two contracts with the Democratic Republic of Congo (the “DRC”), promising to carry out discovery and exploitation of hydrocarbon deposits in specific regions in exchange for a share of the resulting revenue. The contracts stipulated that, consistent with DRC law, the respective contract would…

Spliethoff Transport B.V. v. Phyto-Charter Inc., No. 20-CV-3283 (S.D.N.Y. May 13, 2021) [click for opinion] Petitioner Spliethoff Transport B.V. (“Spliethoff”) sought an order to compel Respondent Phyto-Charter Inc. (“Phyto-Charter”) to submit to arbitration in New York an admiralty dispute valued at $500,000. Spliethoff also sought an order from the court to compel Phyto-Charter to appoint an arbitrator. In response, Phyto-Charter filed a motion to dismiss for lack of subject matter jurisdiction, adding that, on the…