International Law

Recent Posts

Sovereign Immunity Absolute in Hong Kong
Posted on 4 Aug 2011 by Norton Rose Fulbright

Fulbright Briefing Democratic Republic of the Congo v FG Hemisphere Associates LLC (FACV Nos, 5, 6 & 7 of 2010) The Hong Kong Court of Final Appeal (the CFA) recently issued its judgment in Democratic Republic of the Congo v FG Hemisphere... Read More

Decisions in France and Switzerland Dealing with Arbitration Clauses in Related Sets of Contracts
Posted on 24 Jan 2010 by Paul E. Mason

The volume of mergers & acquisitions, joint ventures and other complex transactions involving multiple, related groups of agreements has grown significantly, especially in a regulatory environment which has been relatively favorable to these activities... Read More

An Overview of Key Brazilian Arbitration Law Developments
Posted on 25 Jan 2010 by Paul E Mason, Antonio M B Neto & Fernando E Serec

As Latin America's biggest market, Brazil is enjoying record foreign investment and business growth. Contracts for these activities often carry arbitration provisions. As Brazil is both a vital market and a relative newcomer to the international arbitration... Read More

CIETAC's Perspective: What Makes a Good Arbitrator?
Posted on 28 May 2010 by Yu Jianlong

Excerpt: The role of the arbitrator is a hot topic currently discussed in the international arbitration community. Is the arbitrator a private judge, a service provider, or both? This question in no doubt goes to the heart of international commercial... Read More

Whether Arbitration Rules Should be Applied by the Issuing Arbitral Institution
Posted on 20 May 2008 by Paul E. Mason

Should parties provide in their arbitration clause for application of rules of an arbitral institution without corresponding oversight by that institution? This Commentary, written by international arbitrator and business lawyer Paul E. Mason, discusses... Read More

Paul E. Mason on Hall Street Assocs. L.L.C. v. Mattel, Inc.
Posted on 8 Apr 2008 by Paul E. Mason

The Supreme Court's recent decision in Hall Street Assocs. L.L.C. v. Mattel, Inc., 2008 U.S. LEXIS 2911 (March 25, 2008) addresses whether contractual arbitration clauses or agreements calling for expanded judicial review of arbitration awards are... Read More

Mason on Premium Nafta Products Limited v. Fili Shipping Company Limited
Posted on 28 Apr 2008 by Paul E. Mason

Premium Nafta Products Ltd. v. Fili Shipping Co. Ltd. is a seminal decision by the United Kingdom's highest court, the House of Lords, that seeks to widen the straits that had narrowed the role of arbitrators and independence of arbitration clauses... Read More

Arbitration Use in International Tax Treaties
Posted on 28 Apr 2008 by Robert Feinschreiber, Margaret Kent, and Paul E. M

While arbitration has traditionally been considered primarily an instrument to resolve private sector commercial disputes, it has been gaining ground with certain public sector institutions as well. In recent years, there has been explosive growth in... Read More

Mason on Societe SNF - SAS v. Chambre de Commerce International
Posted on 28 Apr 2008 by Paul E. Mason

In Société SNF - SAS v. Chambre de Commerce International, the Paris Tribunal de Grandes Instances confronted the question of which set of rules of the arbitral institution are applicable (those in effect at the time the business agreement... Read More

Problems Arising From A "Dual System" Arbitration Clause: Americatel El Salvador v. Cia de Telecommunicaciones de El Salvador
Posted on 12 May 2008 by Paul E. Mason

Arbitration has been the dispute resolution method of choice for international telecommunications providers for a number of reasons - privacy, speed, expense, and the relative ease of enforcement of awards. However, when one or both parties decide to... Read More

Arnoldo Wald and Rodrigo Garcia Da Fonseca on the Interclinicas Case
Posted on 10 Mar 2010 by Arnoldo Wald and Rodrigo Garcia Da Fonseca

In the Interclínicas case, Interclínicas argued that a decree of its extrajudicial liquidation amounted to a supervening cause of invalidity of an arbitration clause. In addressing this argument, Brazil’s Superior Court of Justice... Read More

Mason on Reasoned Awards or Preliminary Decisions in International Arbitrations
Posted on 1 Apr 2008 by Paul E. Mason

Is having a reasoned award for your international arbitration a good idea? This Commentary, written by international arbitrator and business lawyer Paul E. Mason, discusses this emerging issue, and sets forth the advantages and disadvantages of reasoned... Read More

Unclear Arbitration Clauses Leading to Unwanted Court Intervention
Posted on 20 May 2008 by Paul E. Mason

A primary goal of arbitration is to reduce the time and costs involved in settling disputes by resolving matters out of court. A well-drafted arbitration clause is the key to ensuring that the arbitration meets its primary goal of avoiding unwanted court... Read More