On 19 January 2016, the English High Court in Pencil Hill Ltd v US Citta Di Palermo SpA enforced an arbitral award issued by the Swiss based Court of Arbitration for Sport (“CAS”) despite the award relying, in part, on a penalty clause in the contract (such clauses are unenforceable under English law). The Court rejected a challenge to the award, which had advanced as its grounds that enforcement of a penalty clause is contrary…
In Nesbitt v. FCNH, Inc., No. 14-1502 (10th Cir. Jan. 5, 2016), the Tenth Circuit upheld the denial of…
Any company that makes sales through the Internet to New Jersey consumers should be aware of a recent…
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…
Document production, at least to some extent, is an integral part of most international arbitration proceedings. This is…
Editor’s Note: This is the second of two articles on recent developments related to expropriations in Zimbabwe. This…
Editor’s Note: This is the first of two articles on recent developments related to expropriations in Zimbabwe. This article deals with a recently leaked ICSID award concerning Zimbabwean land reforms, while the second article, by Justin Marlles and Courtney Giles, deals with recent legislation concerning the nationalization of the diamond mining industry. In a recently leaked ICSID award, concerning the case of Bernhard von Pezold and others v. Zimbabwe (ICSID Case No ARB/10/15), an arbitral tribunal chaired by…
We are pleased to announce that the new edition of The Baker & McKenzie International Arbitration Yearbook is now available.…
Parties who choose arbitration as an exclusive dispute resolution mechanism for their contracts usually agree that their disputes…
Recent Developments The Hong Kong International Arbitration Centre (“HKIAC”) and the ICC International Court of Arbitration (“ICC”), two of the world’s leading arbitral centres, have recently taken steps to address the problem of costs and delay in international arbitration. As outlined in the 2015 International Arbitration Survey on Improvements and Innovations in International Arbitration by Queen Mary University of London (“2015 Survey”), costs and delay were “ranked by respondents as amongst the worst characteristics of…