International Law

Recent Posts

Rejecting Claim of Unconscionability to Avoid Arbitration
Posted on 19 Jul 2011 by Cadwalader OneWorld International Practice

District Court Reaffirms New York as a Center for International Commerce and Standardized Contracting By Louis M. Solomon Where would an international practitioner or law firm or even a purely domestic corporate lawyer or go for a recent... Read More

U.K. Arbitral Award Recognized, and Resulting U.K. Money Judgment Enforced, By U.S. Court against Nigeria; FSIA Issues Ignored
Posted on 25 Aug 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon Continental Transfert Technique Limited v. Federal Government of Nigeria , Civil Action No. 08-2026 (D.D.C. Aug. 2011), [ enhanced version available to lexis.com subscribers ] grants summary judgment in favor of a plaintiff... Read More

Another Court Compelling Arbitration Based on AT&T Mobility; Extending the Supreme Court’s Analysis yet Further?
Posted on 26 Sep 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon Kaltwasser v. AT&T Mobility LLC , Case No. C 07-00411 (N.D. Cal. Sept. 2011) [ enhanced version available to lexis.com subscribers ], involves claims similar to those that the Supreme Court addressed in its significant... Read More

International Arbitration in Canada: Taking Stock, Jun. 17, Ottawa, Ontario
Posted on 18 May 2010 by International & Foreign Law Community Staff

This conference is being conducted by Young Canadian Arbitration Practitioners (YCAP), which was organized to promote interest in and understanding of international arbitration, particularly in Canada, among young lawyers working in private practice... Read More

Combination of Arbitration and Non-U.S. Choice of Law Provisions Contrary To Public Policy; Defendant Permitted To Stipulate to U.S. Law to Compel Arbitration
Posted on 7 Nov 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon Alcalde v. Carnival Cruise Lines , Case No. 10-24457-Civ-Moore/Torres (S.D. Fla. July 2011) [ enhanced version available to lexis.com subscribers ], is another in the line of recent cases struggling with the interplay between the... Read More

Disclosure Of Documents From Arbitration OK, English Court Of Appeal Rules
Posted on 31 Mar 2008 by Edie Scott

On March 12, in John Forster Emmott – and – Michael Wilson & Partners Ltd., (Case No: A3/2007/2785 & 2786, English App.) * , England’s Court of Appeal ruled that a party can disclose documents from an arbitration for the purposes... Read More

A motion to confirm and a motion to vacate an award under the Federal Arbitration Act . . . identical twins?
Posted on 30 Jun 2008 by Edie Scott

From the “did you know” category. . . a motion to confirm and a motion to vacate an award under the Federal Arbitration Act . . . identical twins? A federal judge in California on June 3 concluded that a motion to confirm and a motion... Read More

The Importance Of Transparency In International Arbitration . . . Is It Possible?
Posted on 5 May 2008 by Edie Scott

As the amount of investor/state arbitrations increase, I have noticed the issue of transparency is cropping up more and more. Certainly, with arbitrations under NAFTA, transparency has been an issue for several years now. The issue has also reached... 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

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