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In Asia-Pacific

Zimbabwe, Part II: Foreign Investors Faced With Zimbabwe Diamond Mine Nationalization May Have Legal Options

by and 6 Mins Read

Editor’s Note: This is the second of two articles on recent developments related to expropriations in Zimbabwe. This article deals with new legislation concerning the nationalization of the diamond mining industry, while the first article, by Andy Moody and Richard Allen, covers a recently leaked ICSID award concerning Zimbabwean land reforms. Within the last few weeks, the Government of Zimbabwe under President Robert Mugabe announced that it would nationalize the entirety of Zimbabwe’s diamond mining…

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In Arbitration Agreements

Intended and Unintended Use of Option Clauses in Arbitration: Common Pitfalls and Drafting Tips

by , , and 7 Mins Read

Parties who choose arbitration as an exclusive dispute resolution mechanism for their contracts usually agree that their disputes “shall” be referred to arbitration. In certain circumstances, however, parties intentionally agree on arbitration as a default dispute resolution mechanism with an option to litigate a dispute, or vice versa. The option can either be held by both parties (bilateral option clauses) or, more commonly, by one party only (unilateral option clauses). In either case, it is…

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In Arbitration Agreements

USA: Fifth Circuit Holds Agreement to Arbitrate in Texas Is Not Consent to Personal Jurisdiction

by 6 Mins Read

In Int’l Energy Ventures Mgmt., L.L.C. v. United Energy Grp., Ltd., 2015 U.S. App. LEXIS 14773 (5th Cir. Aug. 21, 2015), the Fifth Circuit held, inter alia, that an agreement to arbitrate in a forum does not constitute consent to personal jurisdiction to adjudicate other claims in that forum. Plaintiff International Energy Ventures Management, L.L.C. (“IEVM”) filed an action against Defendants United Energy Group, Limited (“UEG”) and Sean Mueller (“Mueller”) in Texas state court, alleging…

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In Arbitration Agreements

USA: Tenth Circuit confirms lifting stay for refusal to pay arbitration fees

by 4 Mins Read

In Pre-Paid Legal Services, Inc. v Cahill, No. 14-7032 (10th Cir. May 26, 2015), the U.S. Court of Appeals for the Tenth Circuit held that a district court properly lifted a stay of proceedings pending arbitration based on a party’s refusal to pay arbitration fees. Pre-Paid Legal Services (“Pre-Paid”) sued Todd Cahill (“Cahill”), its former employee, for allegedly violating the parties’ non-compete agreement. Pre-Paid brought its action in Oklahoma state court. Cahill removed the action to federal district…

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