LexisNexis® Legal Newsroom
Disclosure Of Documents From Arbitration OK, English Court Of Appeal Rules

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 of court proceedings in New South Wales (NSW...

Mason on Reasoned Awards or Preliminary Decisions in International Arbitrations

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 awards in international arbitration cases. ...

Paul E. Mason on Hall Street Assocs. L.L.C. v. Mattel, Inc.

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 enforceable. Paul E. Mason, discusses the decision...

Mason on Premium Nafta Products Limited v. Fili Shipping Company Limited

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. This Expert Commentary, written by international...

Mason on Societe SNF - SAS v. Chambre de Commerce International

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 is signed or those in effect at the time of arbitration...

Arbitration Use in International Tax Treaties

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 the use of contract, bilateral, and multilateral treaty...

The Importance Of Transparency In International Arbitration . . . Is It Possible?

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 investor/state arbitrations under the auspices of...

Problems Arising From A "Dual System" Arbitration Clause: Americatel El Salvador v. Cia de Telecommunicaciones de El Salvador

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 resort to litigation in national courts in an effort...

Unclear Arbitration Clauses Leading to Unwanted Court Intervention

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 intervention. This Commentary, written by international...

Whether Arbitration Rules Should be Applied by the Issuing Arbitral Institution

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 this emerging trend and its potential pitfalls...

A motion to confirm and a motion to vacate an award under the Federal Arbitration Act . . . identical twins?

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 to vacate an award under the FAA submit identical...

Decisions in France and Switzerland Dealing with Arbitration Clauses in Related Sets of Contracts

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 in recent years. Many of these sets of complex...

An Overview of Key Brazilian Arbitration Law Developments

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 community, developments there merit close...

Arnoldo Wald and Rodrigo Garcia Da Fonseca on the Interclinicas Case

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 issued a landmark decision in a thorny issue faced...

CIETAC's Perspective: What Makes a Good Arbitrator?

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 arbitration. I. The Arbitrator as Private...

Rejecting Claim of Unconscionability to Avoid Arbitration

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, succinct, lucid articulation of New York law...

Sovereign Immunity Absolute in Hong Kong

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 Associates LLC regarding the ability of states to...

U.K. Arbitral Award Recognized, and Resulting U.K. Money Judgment Enforced, By U.S. Court against Nigeria; FSIA Issues Ignored

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 to enforce both an arbitral award and a money judgment...

Another Court Compelling Arbitration Based on AT&T Mobility; Extending the Supreme Court’s Analysis yet Further?

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 decision of earlier this year, AT&T MobilityLLC...

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

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 public policy favoring arbitration of international...