By Apoorva J. Patel (Hughes Hubbard & Reed LLP, New York)
In a recent decision in Corporación Mexicana de Mantenimiento Integral, S. De R.L. De C.V. v. Pemex-Exploración Y Producción, No. 13-4022 (2d Cir. Aug. 2, 2016), the United States Court of Appeals for the Second Circuit (the “Second Circuit”) affirmed a U.S. district court’s confirmation of an international arbitration award previously vacated by a court at the arbitration’s seat in Mexico. This article provides an overview of the decision and addresses its implications on what remains a contentious issue in the international arbitration community.
Continue reading A New Chapter in the Confirmation of International Arbitration Awards Vacated at Their Seat
By Victor Looi
The Singapore International Arbitration Centre (“SIAC”) revised its arbitration rules earlier this year as part of its efforts to be among the world’s leading arbitration institutions. Numerous key changes were made to enhance the efficiency and cost effectiveness of arbitration. This blog examines several new or changed provisions in the SIAC Rules 2016 that are of great relevance to arbitration practitioners and users alike.
Continue reading Staying Relevant and Well-Regarded: Changes to the SIAC Rules
by Ruth Marie Mosch at Mosch Legal
The EU-Vietnam Free Trade Agreement (“FTA”) is meant to ensure sustainable growth by liberalising trade and securing stable jobs. Negotiations on the FTA have been concluded and the text of the Treaty has recently been published.
The FTA implements a new approach to investment protection by ensuring the EU’s and Vietnam’s right to regulate and to pursue legitimate public policy objectives such as the protection of health, safety or the environment.
Since the Treaty of Lisbon entered into force on 1 December 2009, foreign direct investments have been included in the competence of the EU’s commercial policy. Since then, foreign investment has become part of free trade agreements negotiated by the EU. Accordingly, existing bilateral investment treaties (BITs) between Vietnam and EU member states will be replaced by the FTA once it enters into force.
Continue reading Investment Arbitration in the EU-Vietnam Free Trade Agreement – The Times They Are a Changin’
By Dr. Jur. Ihab Amro (Professor of Private Law and a practicing lawyer and an arbitrator; Ph.D. Athens, Greece).
This post examines firsthand whether online arbitration agreements (‘e-arbitration agreements’) and online arbitral awards (‘e-arbitral awards’) can be enforced in national courts under the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (hereafter ‘The NYC’) despite the fact that there is no direct indication to the enforcement of such agreements and awards in this convention.
Continue reading Enforcement of Cross-Border Online Arbitral Awards and Online Arbitration Agreements in National Courts
By Alisa Burkhard, Associate at Altenburger in Zurich, Switzerland.
On 29 September 2016, various stakeholders from the judicial and alternative dispute resolution community – arbitrators, mediators and judges, in-house counsel, external lawyers, policy-makers as well as representatives of arbitral institutions – gathered in sunny Geneva for a lively exchange on “the future of dispute resolution”. The GPC conference series is being held at 32 different locations around the world in 2016-17, finishing in London in July 2017.
Continue reading The Global Pound Conference (GPC) in Geneva on the Future of Dispute Resolution – Does the Future Lie in Mediation and other Non-Adjudicative Dispute Resolution Practices?