A U.S. District Court rejected Argentina’s attempt to vacate a USD 21 million international arbitration award in a proceeding administered by ICSID under the UNCITRAL rules on the grounds of partiality and an improper damage award. Petitioner, the Republic of Argentina, sued to vacate a $20,957,809 international arbitration award entered in favor of Respondent AWG Group Ltd. (“AWG”). Argentina sought to vacate based on claims that (1) there was evident partiality in an arbitrator who…
The International Arbitration Association (IAA) at Penn Law will host the Contemporary Issues & Emerging Trends in International…
With the ascension of the Trump administration, there is a question whether the investor-state dispute settlement (“ISDS”) provisions…
On January 31, 2017, the Fifth Circuit Court of Appeals authorized a court-appointed Receiver to avoid arbitration clauses contained in employment and employment-related agreements.[1] While, at first glance, the Court’s decision not to compel a non-signatory to arbitration appears unremarkable, in fact the decision reflects how far the Court was willing to go in order to protect a Receiver’s choice of a judicial forum. Background Allen Stanford, through a network of companies, operated a now-infamous…
Baker McKenzie has released its North American Arbitration Primer. This builds on the success of Baker McKenzie’s Asia…
The International Chamber of Commerce (the “ICC”) and the United States Council for International Business (the “USCIB”) held…
Post-M&A arbitration has long followed an established pattern: In the course of the transaction the buyer assesses the characteristics of the target company by way of a due diligence review and based thereon determines what the buyer considers to be an adequate value of the target company. To ensure that the target company shows the expected characteristics when the buyer takes over the company from the seller, the buyer and the seller describe in their…
The Federal Arbitration Act (FAA) reflects U.S. Congressional approval of the finality of arbitration. Indeed, the FAA and…
The court’s power to make appointments to an arbitral tribunal and the limitations it faces under the Arbitration…
On August 30, 2016, the ABA Section of International Law will hold a teleconference entitled “CAS”: The “Supreme Court of Sports” at the 2016 Rio Summer Olympics, featuring Michael Lenard, President of the CAS Ad Hoc Tribunal for the 2016 Summer Olympics. Event details are below. Registration is available on the ABA’s website, here. Format: Teleconference Date: August 30, 2016 Time: 12:00 PM – 1:00 PM ET Sponsor(s): Section of International Law The 2016 Summer Olympics…