Enforcement of Mediated Settlement Agreements in Vietnam: A Step Forward for The International Trend?

By Mr. Nguyen Manh Dzung, MCIArb, Managing Partner of Dzungsrt & Associates LLC and Ms. Dang Vu Minh Ha, Associate at Dzungsrt & Associates LLC

On 24 February 2017, the Government of Vietnam promulgated Decree No.22/2017/ND-CP on Commercial Mediation (the “Decree”). It is the first legislation specifically governing commercial mediation in Vietnam. The Decree is inspired by the UNCITRAL Model Law on International Commercial Conciliation (the “UNCITRAL Model Law”), but includes several local modifications. From the drafting process, the Decree has attracted the attention and comments of experts and practitioners not only from Vietnam but also from the international community.
Continue reading Enforcement of Mediated Settlement Agreements in Vietnam: A Step Forward for The International Trend?

Deposition in Japan for U.S.-based International Arbitration

By Shigeki Obi, Assistant Legal Counsel at the Permanent Court of Arbitration, The Hague

I. Introduction
A deposition is a “witness’s sworn out-of-court testimony” (Legal Information Institute “Wex, Deposition”, https://www.law.cornell.edu/wex/deposition). In U.S.-based litigation, a deposition is available as part of the discovery procedure. In the United States, a deposition is also available in arbitration. Arbitral tribunals seated in the United States may order a deposition of a witness if s/he is under the control of a party (C. SALOMON and S. FRIEDRICH “Obtaining and Submitting Evidence in International Arbitration in the United States”, The American Review of International Arbitration (2013), The American Review of International Arbitration, p. 574).
However, like most civil law countries, Japan does not have pre-trial discovery procedures which allow for depositions to be conducted. This presents an obstacle when conducting depositions in Japan for U.S.-based matters, whether in connection with litigation or arbitration proceedings.
Continue reading Deposition in Japan for U.S.-based International Arbitration

Holding Hostage? – Withholding the Release of Performance Bonds in Construction Projects

By Bryan Dayton and Samuel Song, Associates at Freshfields Bruckhaus Deringer, Dubai

Introduction
Many construction contracts require the contractor to procure a performance bond to give the employer additional recourse should the contractor be delayed in performing, or fail to fully perform, its contractual obligations.
Continue reading Holding Hostage? – Withholding the Release of Performance Bonds in Construction Projects

The Second Circuit and the Enforcement of Foreign Arbitral Awards Against Non-Signatories

By R. David Gallo, Law Clerk at the U.S. Court of International Trade

On January 18, 2017, the Second Circuit issued an opinion in the case of CBF Indústria de Gusa S/A et al. v. AMCI Holdings, Inc., 846 F.3d 35 (2d Cir. 2017).1  In Gusa, a party sought to enforce a foreign arbitral award against an entity that was not a signatory to the underlying arbitration agreement. Gusa is the latest in a line of Second Circuit cases to tackle this difficult issue. Gusa is also the latest case to invoke New York Convention (“Convention”) Article V(2)(a) and apply U.S. law – the law of the enforcing jurisdiction – to the question of whether a foreign arbitral award can be enforced against a non-signatory. The below discussion explores some of the reasons why this approach is untenable.

Continue reading The Second Circuit and the Enforcement of Foreign Arbitral Awards Against Non-Signatories

Tips from the Top: Young ICCA interviews Marie-Odile Désy

Marie-Odile Désy is a Deputy Counsel at the Secretariat of the ICC International Court of Arbitration in Paris (France). Prior to joining the ICC, she worked as an associate at Derains & Gharavi where she participated in arbitral proceedings conducted under the arbitration rules of the International Court of Arbitration of the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA) and the rules of the International Centre for Settlement of Investment Disputes (ICSID) and also acted as administrative secretary.

Marie-Odile received LL.B. (civil law) and J.D. (common law) degrees from the University of Montreal (Canada) and an LL.M. in international commercial arbitration from Stockholm University (Sweden). She is admitted to the Paris and New York bars.

Continue reading Tips from the Top: Young ICCA interviews Marie-Odile Désy