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.
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.
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)
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.
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.
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.
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. Among the arbitrators were renowned international practitioners, such as Fernando Cantuarias, Mario Castillo, and Franz Kundmüller.
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.