In Hayes v. Delbert Servs. Corp., No. 15-1170 (4th Cir. Feb. 2, 2016), the Fourth Circuit refused to enforce an arbitration agreement that forbid pursuit of federal statutory rights by mandating application of tribal law. Western Sky was an online lender owned by a member of the Cheyenne River Sioux Tribe (the “Tribe”) and located on reservation land. From the reservation, Western Sky issued payday loans with staggering interest rates to consumers across the country. The loan issued…
In its decision in Chesapeake Appalachia, LLC v. Scout Petroleum, LLC, 809 F. 3d 746 (3d Cir. 2016),…
Terra Holding GmbH and Terra Handels-und Speditionsgesellschaft mbH v. Unitrans International, Inc., No. 14-cv-1788 (E.D. Va. Aug. 19,…
When about 150,000 demonstrators protested against the proposed Transatlantic Trade and Investment Partnership (TTIP) in Berlin in October 2015, it became obvious that the idea to settle investor-state-disputes under TTIP through arbitration (commonly called Investor-State Dispute Settlement or ISDS) runs against strong and well-organized public resistance in many European countries, in particular Germany. European governments and the European Commission realized that insisting on ISDS could threaten the success of the whole TTIP project. The European…
Anchoring is a psychological phenomenon wherein a person is influenced by certain reference points he or she is…
As we have previously reported on Global Arbitration News [here], arbitral tribunals most often start their decision-making process…
As we have outlined in an earlier post [here], arbitral tribunals – as a starting point – generally apply the rule “costs follow the event” to allocate the costs of the arbitration. That is the result of the ICC Commission Report “Decisions on Costs in International Arbitration”. The ICC Report also came to the conclusion that arbitral tribunals regularly exercise their discretion to adjust the event-based cost allocation on the basis of several factors. One…
Effective from 1 January 2016, the International Court of Arbitration at the International Chamber of Commerce (“ICC”) has…
The Bar Council has recently published a guidance note regarding barristers from the same chambers appearing as counsel…
On January 26, CPR announced a new Steering Committee for its Young Attorneys in Alternative Dispute Resolution Program (“Y-ADR”) – press release. The new Steering Committee includes Andy Moody, a Dispute Resolution partner in the London office of Baker and McKenzie and Luis Peretti, associate at the São Paulo office of Trench Rossi e Watanabe Advogados, both of whom have co-authored this post. CPR is an independent nonprofit organization that, for more than 35 years,…