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In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2023-2024 – Canada

January 1, 2024 by Matthew Latella, Christina Doria, Brendan O'Grady and Praniet Chopra 21 Mins Read

A. LEGISLATION AND RULES A.1 Legislation International arbitration in Canada is, for the most part, a matter of provincial jurisdiction. Each province and territory has enacted legislation adopting the UNCITRAL Model Law, occasionally with slight variations, as the foundational law for international arbitration. Canada’s federal parliament has also adopted a commercial arbitration code based on the UNCITRAL Model Law, which is applicable when the federal government or one of its agencies is a party to…

In USA

District court holds that the three-month deadline to file a motion to vacate under the FAA is triggered by an arbitrator’s “final award” despite subsequent motions for clarification

October 18, 2023 by David Zaslowsky and Thomas Tysowsky 4 Mins Read

First Kuwaiti Gen. Trading & Contracting W.L.L. v. Kellogg Brown & Root Int’l, Inc., No. 1:23-mc-1 (E.D. Va.…

In USA

Tenth Circuit: failure to follow the procedural requirements of Article IV of the New York Convention raises a merits issue rather than a jurisdictional issue

October 11, 2023 by David Zaslowsky and Adrienne Harreveld 4 Mins Read

Baker Hughes Servs. Int’l, LLC v. Joshi Technologies Int’l, Inc., Nos. 21-5072 and 21-5081 (10th Cir. July 13,…

In USA

District court holds that Russian language choice of forum provision prevails over English translation in contract executed with side-by-side provisions where term employed was a term of art in Russia and did not compel the parties to arbitrate their disputes

September 25, 2023 by David Zaslowsky and Annasofia Roig 4 Mins Read

LaRubInt Corp. v. Joint Stock Company Studio Soyuzmultfilm, No. 22-cv-4461 (HG) (E.D.N.Y. Apr. 20, 2023)[1] In August and September 2016, LaRubInt Corp., a U.S. media marketing company, entered into three licensing agreements with Joint Stock Company Studio Soyuzmultfilm (“Studio Soyuzmultfilm”), a Russian film studio. These licensing agreements provided LaRubInt with the exclusive right, in the territories of East and Southeast Asia, India, the Unites States, and Canada, to use and market images, goods, and services related…

In USA

District Court vacates arbitration award due to evident arbitrator partiality

August 14, 2023 by David Zaslowsky 4 Mins Read

In Equicare Health Inc. v. Varian Med. Sys.,[1] the District Court for the Northern District of California vacated…

In USA

Supreme Court of the United States rules lower court proceedings must be stayed pending the appeal of a denial of a motion to compel arbitration

August 9, 2023 by David Zaslowsky 5 Mins Read

On June 23, 2023, the Supreme Court issued a very important decision concerning the procedure to be followed…

In USA

District court dismisses petition to enforce arbitration award against Spain for lack of subject matter jurisdiction, relying on the Achmea decision

May 31, 2023 by David Zaslowsky 4 Mins Read

Blasket Renewable Investments v. Kingdom of Spain, No. 1:21-cv-3249-RJL (D.D.C. Mar. 29, 2023).[1] Factual Background In 2007, two Dutch companies, AES Solar Energy Coöperatief U.A. and Ampere Equity Fund B.V. (collectively, the “Companies”), invested in renewable energy projects in order to take advantage of favorable tax incentives offered by the Kingdom of Spain (“Spain”). However, in the wake of the 2008 financial crisis, Spain implemented reforms in its energy sector that had the effect of…

In North America

District court finds claims of partiality baseless and confirms award requiring specific performance

April 26, 2023 by David Zaslowsky and Ariel Bryant 4 Mins Read

Telecom Bus. Sols., LLC v. Terra Towers Corp., No. 22-cv-1761 (S.D.N.Y. Jan. 18, 2023)[1] Factual Background In 2015,…

In Arbitrability

District court holds that courts may decide issues of arbitrability even where the contract incorporates arbitration rules that delegate such issue to arbitrators

April 13, 2023 by David Zaslowsky 4 Mins Read

Veerji Exports v. Carlos St Mary, Inc., No. 22 Civ. 3661 (LGS) (S.D.N.Y. Dec. 5, 2022)[1] Factual Background Plaintiff…

In All time favorite

Now available: International Arbitration Yearbook 2022-2023

March 29, 2023 by Baker McKenzie 2 Mins Read

We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now available. This 16th edition looks at key developments in arbitration from the last year in over 45 jurisdictions, including: In this year’s edition we have introduced a new chapter on the arbitration framework in the OHADA area, which includes 17 African states. You can access the latest edition of the International Arbitration Yearbook here or by hovering your cursor…