Under existing precedent in the 11th Circuit, which includes Florida, federal courts cannot overturn international arbitration awards on the ground that the arbitrators “exceeded their powers,” a frequently invokedContinue Reading Can An International Arbitration Award Be Vacated When The Seat Of Arbitration Is The US Or US Law Is The Substantive Law?
Does An Appeal Of A District Court’s Denial Of A Motion To Compel Arbitration Automatically Stay The Case?
The appeals courts for the 3rd, 4th, 7th, 10th, 11th, and D.C. Circuits have ruled that a non-frivolous appeal of…Continue Reading Does An Appeal Of A District Court’s Denial Of A Motion To Compel Arbitration Automatically Stay The Case?
Ninth Circuit Rules that Federal Courts Have Jurisdiction to Enforce SummonsesIssued by Arbitrators in International Arbitrations under the New York Convention
Reversing a district court decision, the U.S. Court of Appeals for the 9th Circuit recently ruled that federal district courts have jurisdiction to enforce a summons issued by arbitrators in…Continue Reading Ninth Circuit Rules that Federal Courts Have Jurisdiction to Enforce SummonsesIssued by Arbitrators in International Arbitrations under the New York Convention
Challenging and Enforcing Domestic and International Arbitral Awards
Sarah Biser and Craig Tractenberg presented a webinar on April 7, 2022 at 12 pm entitled “Challenging and Enforcing Domestic and International Arbitral Awards.” Contact us at email@example.com and/or firstname.lastname@example.org…
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Revised ICDR 2021 Rules Are Now In Effect
Like some other international arbitration institutions, the International Centre for Dispute Resolution (“ICDR”) recently adopted amendments to its International Dispute Resolution Procedures (the “2021 ICDR Rules”). The ICDR’s amendment became effective on March 1, 2021. The amendments, according to the ICDR, aim to “promote greater efficiency and economy by addressing the early disposition of issues, emphasizing the use of mediation, and expanding the applicability of the expedited procedures. Importantly, the rules also place an increased emphasis on arbitrators’ ethical obligations.” The 2021 ICDR Rules also address challenges and concerns related to the COVID-19 pandemic, including the use of video, audio, and other electronic means of communication.
Notable and significant revisions include:
Authority of International Administrative Council (“IARC”)
Article 5 of the 2021 ICDR Rules expressly authorizes IARC to (1) determine challenges to the appointment or continuing service of an arbitrator; (2) decide disputes regarding the number of arbitrators to be appointed; (3) determine whether a party has met the administrative requirements to initiate or file an arbitration; (4) in case of parties disagreement, determine the initial place of arbitration.
The joinder rules have been expanded in Article 8(1) as now the joinder is permitted after the constitution of the tribunal if the tribunal determines that the joinder is appropriate and the additional party consents to be joined.
As we have previously reported, International Court of Arbitration (“ICC”) also recently expanded its joinder rules.
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U.S. Supreme Court Agrees to Review Whether Federal Courts Can Order Discovery in Aid of Private International Arbitrations under 28 U.S.C. 1782(a)
In our recent post, we discussed the split in the federal appeals courts over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of…
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2021 ICC Rules Update Aims At Greater Efficiency, Flexibility, And Transparency and Addresses COVID-19 Issues
The leading international arbitration institutions, including the London Court of International Arbitration (“LCIA”) and the International Court of Arbitration (“ICC”), are revising their arbitration rules to improve efficiency, flexibility and transparency, and address challenges and concerns related to the COVID-19 pandemic.
In a previous post, we discussed LCIA’s updates to its arbitration and mediation rules, which came in effect on October 1, 2020. The ICC has issued similar updates to its 2017 Arbitration Rules, which will take effect on January 1, 2021 (the “2021 ICC Rules”). The updates, according to the ICC Court President, Alexis Mourre:
mark a further step towards greater efficiency, flexibility and transparency of the Rules, making ICC Arbitration even more attractive, both for large, complex arbitrations and for smaller cases.
Notable and substantive revisions to the 2021 ICC Rules include:
Article 3 of the 2021 ICC Rules now allows the parties to make their submissions by email, replacing the previous requirement to provide the submissions in a hard copy. This amendment recognizes that most communications are now conducted electronically and addresses COVID-19 concerns when hard copy filing may be impossible and present health risks.
The ICC, like other international arbitration fora, quickly adopted to the COVID-19 reality of remote hearings. Article 26(1) of the 2021 ICC Rules now provides that “[t]he arbitral tribunal may decide, after consulting the parties, and on the basis of the relevant facts and circumstances of the case, that any hearing will be conducted by physical attendance or remotely by videoconference, telephone or other appropriate means of communication.”…
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