Navigating International Commercial and Treaty Arbitration
ZF Automotive US, Inc., et al. v. Luxshare, Ltd. Attracts Numerous Amici Curiae
As previously discussed in “28 U.S.C. § 1782: U.S. Supreme Court to Address Circuit Split,” in ZF Automotive US, Inc., et al. v. Luxshare, Ltd. and AlixPartners, LLP, et al. v. The Fund for Protection of Investors’ Rights in Foreign States, Case No. 21-401, the Supreme Court is poised to address two issues: (1) whether Section 1782 extends to private commercial arbitration and (2) whether an ad hoc arbitration to resolve a commercial dispute between a private party and a foreign state is a “foreign or international tribunal” where the arbitral panel does not exercise any governmental or quasi-governmental authority.
Read MoreProof of Prejudice and the Delayed Arbitration Demand
During the week of March 21, 2022, the United States Supreme Court is scheduled to hear arguments in two cases that will affect arbitration. As previously reported, during that week, the Supreme Court will address the split between the Circuits regarding the breadth of 9 U.S.C §1782.
Read More28 U.S.C. § 1782: U.S. Supreme Court to Address Circuit Split
As previously reported on April 16, 2020, in “Private Arbitrations and the Use of 28 U.S.C. § 1782: A Patchwork of Availability,” there is a split among the Courts of Appeal as to whether the use of 28 U.S.C. §1782 extends to private commercial international arbitration.
Read MoreSection 7 of FAA: Are “Sitting” and “Seat” Synonymous?
Pursuant to Chapter 1 of the Federal Arbitration Act (“FAA”), arbitrators may issue summonses. If any person or persons so summoned to testify refuses or neglects to obey the summons, “upon petition the United States district court for the district in which such arbitrators, or a majority of them, are sitting may compel the attendance of such person or persons before said arbitrator or arbitrators, or punish said person or persons for contempt in the same manner provided by law for securing the attendance of witnesses or their punishment for neglect or refusal to attend in the courts of the United States.” 9 U.S.C. § 7. (emphasis added)
Read MoreLocke Lord QuickStudy: Down the Rabbit Hole: Digital Assets in International Arbitration
Summary: The global adoption of digital assets and related blockchain technology has network effects, which suggest that programmable legal contracts, including automated dispute resolution mechanisms, might not only be feasible but one day common in international transactions and arbitration. Obstacles to this outcome include, inter alia, still nascent regulatory guidance on digital assets and lack of interoperability, both among blockchains and legacy software applications.
Read MoreAbordando Alegaciones de Corrupción en el Arbitraje Internacional y Domestico: Una Mirada a Recientes Laudos Arbitrales Sobre Disputas en el Perú
Durante la última década, varios países de América Latina han experimentado una alta inestabilidad política y social, en particular debido a temas relacionados con las prácticas de corrupción. Uno de los mayores escándalos de corrupción en la historia latinoamericana ocurrió en Brasil en el año 2014, el mismo que sigue teniendo serias repercusiones en distintos países de la región.
Read MoreAddressing Corruption Allegations in International and Domestic Arbitration: A Look at Recent Arbitral Awards Regarding Disputes in Peru
Over the past few decades, several countries in Latin America have experienced political and social instability, in part, because of issues related to corrupt practices. One of the biggest corruption scandals in recent Latin America history is the Lava Jato case, which originated as a criminal investigation in Brazil in 2014, but continues to have serious implications for a number of countries in the region.
Read MoreLocal Law Versus International Practice: The Detainment Case of Peruvian Arbitrator Fernando Cantuarias
In 2019 a judge in Peru ordered 18 months of preventive detention for 14 Peruvian arbitrators accused of impropriety in issuing arbitral awards in favor of the Brazilian company Odebrecht in the context of arbitration proceedings with the Peruvian State[1]. Among the arbitrators were renowned international practitioners, such as Fernando Cantuarias, Mario Castillo, and Franz Kundmüller.
Read MoreArbitration Act 1996: Exceptions to the Rule of Confidentiality
Arbitrations seated in England, Wales or Northern Ireland are governed by Arbitration Act 1996 (“AA 1996” / “The Act”). In some circumstances, the provisions of the Act may apply to arbitrations seated outside of those jurisdictions. Indeed, the Act makes no distinction between ‘domestic’ and ‘international’ arbitrations. Therefore, the legal framework for domestic arbitrations seated in the England & Wales or Northern Ireland and international arbitrations will be the same.
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