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Global International Arbitration Update
Firm Updates
MAYER BROWN JSM PARTNERS WITH JINGTIAN & GONGCHENG
Mayer Brown JSM’s Hong Kong office has formed an
association with Jingtian & Gongcheng, one of the
first private and independent partnership law firms in
China. Jingtian & Gongcheng is headquartered in
Beijing, with offices in Shanghai, Shenzhen, Chengdu
and Hong Kong. The association strengthens Mayer
Brown’s International Arbitration Practice with the
addition of notable arbitration practitioners Yang
Zhao, Hongjiu Zhang, Xuejun Peng, Sanqiao Xu,
Chungang Dong and Hu Ke.
MAYER BROWN OPENS OFFICE IN DUBAI
Mayer Brown has opened its office in Dubai, United
Arab Emirates (UAE). The office serves as a hub for
the Firm’s growing Middle East practice,
strengthening our ability to provide counsel to
multinational and local clients in a number of key
areas, including corporate and commercial matters,
disputes and international arbitration, major projects,
finance transactions, construction, employment and
compliance matters.
Tahan (Tom) Thraya, leader of Mayer Brown’s Middle
East corporate and commercial team, will serve as
partner-in-charge of the Dubai office, located on the
11th Floor, Unit 1104 of the Index Tower in the Dubai
International Financial Center. A f luent Arabic
speaker, Tom has worked in the Middle East for nearly
a decade and has particular experience in the UAE,
Saudi Arabia, Qatar and Iraq. Charles Hallab will
chair the Middle East practice and Raid Abu-Manneh
and Dany Khayat will continue to lead the firm’s
Dispute and International Arbitration practice in the
region.
With f luency and facility with the laws, practices,
norms and trends of the Middle East, the Mayer
Brown team in Dubai will work closely with colleagues
in a wide range of practices across the firm’s extensive
global platform to meet client needs.
Brexit
WILL LONDON’S POSITION AS A LEADING ARBITRATION CENTRE BE IMPACTED?
The vote to leave the European Union in the UK
referendum held on 23 June 2016 is widely considered
as unlikely to impact London’s popularity as a seat of
arbitration. London has gained its leading position
due to the fact that English law and the Arbitration
Act 1996 are established and respected globally,
English courts are seen to be arbitration-friendly and
the UK is a party to the New York Convention. None of
these will change when Britain’s exit from the EU is
negotiated. London-seated arbitration is likely to
remain a preferred option for parties seeking a tried
and tested dispute resolution framework, which is
supported by a wealth of experienced practitioners
based in London’s international arbitration
community.
July 2016 Issue 003
TABLE OF CONTENTS
• Firm Updates .................................................................. p. 1
• Brexit ................................................................................ p. 1
• Legal Updates ................................................................. p. 2
• Case Law .......................................................................... p. 4
• Mayer Brown Key Events .............................................. p. 7
• Mayer Brown Publications ............................................ p. 7
2 Global International Arbitration Update
Legal Updates
ACICA REVISED RULES ENTER INTO FORCE
1 January 2016: The Arbitration Rules and Expedited
Arbitration Rules of the Australian Centre for
International Commercial Arbitration (ACICA)
entered into force. The revised rules are aimed at
providing quick, cost effective and fair arbitration
proceedings, and include provisions relating to
multi-party disputes, the conduct of legal
representatives and the introduction of an expedited
procedure for lower value or urgent matters.
ICC POLICIES IMPLEMENTED TO BOOST TRANSPARENCY AND EFFICIENCY
1 January 2016: the ICC will now publish the names and nationalities of arbitrators sitting in all new ICC cases on its website, including details of who made the appointments and which arbitrator is the chairperson. Parties may opt out or request that further information also be published.
The ICC has also imposed costs consequences on arbitrators for unjustified delays in submitting draft awards. Unless the ICC Court agrees that a delay is justified, it may lower arbitrators’ fees by:
• 5-10% for draft awards submitted up to seven months from the last substantive hearing or written submissions;
• 10-20% for draft awards submitted up to 10 months; and
• 20% or more for draft awards submitted beyond 10
months.
ICSID REPORTS ITS CASELOAD STATISTICS FOR 2015
27 January 2016: The International Centre for the
Settlement of Investment Disputes (ICSID) reported
that it registered 52 new cases in 2015, representing a
36.8% increase on 2014. Electric and energy disputes
represented 42% of 2015 cases, with oil, gas and
mining cases accounting for 19%. Bilateral Investment
Treaties were relied upon in 46% of cases, with
another 33% of cases being convened under the
Energy Charter Treaty. For the first time since ICSID
began publishing its statistics in 2010, Western
European countries had the largest share of claims
brought against them at 37%, followed by 23% against
Eastern European and Central Asian states. 50% of
appointed arbitrators, conciliators and ad hoc
committee members came from Western Europe and
19% were from North America.
ICC COURT OFFERS GUIDANCE TO ARBITRATORS ON CONFLICT DISCLOSURE
12 February 2016: The ICC has unanimously approved
new guidance for arbitrators on arbitrator disclosure of
conflicts, which has been incorporated into the ICC
Note to Parties and Arbitral Tribunals on the Conduct
of the Arbitration. The Note sets out situations in which
an arbitrator’s independence or impartiality may be
compromised, in order for arbitrators to consider when
a disclosure may be required. The fact that a disclosure
is made does not necessarily imply the existence of a
conflict. If a party challenges an arbitrator’s position, it
will be for the ICC to assess whether there is a cause for
disqualification.
HKIAC LAUNCHES NEW PANEL OF ARBITRATORS FOR INTELLECTUAL PROPERTY DISPUTES
14 March 2016: The Hong Kong International
Arbitration Centre (HKIAC) has launched a panel of
Intellectual Property arbitrators, which includes Gabriela
Kennedy, partner in Mayer Brown’s Intellectual Property
Practice in Hong Kong and head of Mayer Brown JSM’s
Asia IP and TMT group. The launch of the panel coincides
with the Hong Kong Government’s proposal to amend the
Hong Kong Arbitration Ordinance (Cap. 609), to clarify
that disputes over the subsistence, scope, validity,
ownership, infringement or any other aspect of an IP right
can be submitted to arbitration in Hong Kong. Currently,
the Arbitration Ordinance provides that enforcement of
an award may be refused if it would be contrary to public
policy or is in respect of a matter not capable of settlement
by arbitration under the law of Hong Kong.
LCIA SETS NEW CASELOAD RECORD IN 2015
12 April 2016: The London Court of International
Arbitration (LCIA) published its 2015 Registrar’s report.
The LCIA received 332 referrals in 2015, representing a
10% increase from 2014 and a new record level for the
LCIA. 12.1% of the caseload comprised claims worth
over US$50 million, and 6.4% of the caseload involved
claims worth US$20-50 million. The top three users of
the LCIA were the UK, Russia and Cyprus.
In terms of appointments, the LCIA made 449
appointments of 227 different arbitrators, of which 71
appointments (15.8%) were of female arbitrators: 55
selected by the LCIA, 14 by the parties and 2 by the
parties’ nominees. When compared to 2014, this
represents an increase in the number of female
candidates put forward by the parties or selected by
the LCIA, but a decrease in the number of female
candidates selected by nominees.
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DIS TO REVISE ITS ARBITRATION RULES
26 April 2016: The German Institution of Arbitration
(DIS) announced the launch of the revision process for
its arbitration rules which have been in force since
1998 in order to meet changes in arbitral practice. The
new rules are intended to be suitable for the needs of
domestic and international users and are aimed at
enhancing the efficiency of arbitration. Furthermore,
they will provide users with arbitration proceedings
that are non-bureaucratic, f lexible and open to party
autonomy. It is envisaged that the new rules will take
effect in the second half of 2017. All members of the
DIS will have the opportunity to submit their
suggestions for amendments and to participate in the
rules revision expert committee.
ICCA MAURITIUS 2016 IS THE FIRST ICCA CONGRESS HOSTED IN AFRICA
11 May 2016: ICCA Mauritius 2016 drew to a close
after three days of debate. The 23rd ICCA Congress
was the first to be held in Africa in the organisation’s
50-year history, and was attended by around 800
delegates, approximately one third of whom came
from Africa. The event recognised the important role
played by international arbitration across Africa.
One of the main themes for discussion was
international arbitration’s contribution to, and
conformity with, the rule of law. In addition, the host
committee demonstrated Mauritius’s development as a
seat of arbitration during recent years, including its
new arbitration law and the establishment of a new
arbitral institution with the support of the LCIA.
SICC ISSUES ITS FIRST DECISION
12 May 2016: The newly created Singapore
International Commercial Court (SICC) issued its first
decision since it launched in January 2015 as a
“companion” to arbitration in Singapore. A three-
judge panel ruled in a case concerning various
breaches of a joint venture agreement between parties
in Australia and Indonesia to produce and sell coal
from eastern Indonesia using patented “binderless
coal briquetting” technology, through which
pollutants and moisture are removed from coal.
EQUAL REPRESENTATION IN ARBITRATION PLEDGE IS LAUNCHED
18 May 2016: the Equal Representation in Arbitration
(ERA) Pledge launched in London. Law firms,
corporations, arbitral institutions and government
bodies involved in the practice of international
arbitration have been asked to sign the Pledge as a
sign of commitment to improving the number of
women appointed as arbitrators on an equal
opportunity basis.
Signatories are encouraged to take steps to ensure that
lists of potential arbitrators, committees, governing
bodies and conference panels include a fair proportion
of women, with the ultimate goal of full gender equality
within the international arbitration community.
DIAC TO OPEN BRANCH IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE TO PROMOTE ENFORCEMENT
24 May 2016: The Dubai Chamber of Commerce
announced that the Dubai International Arbitration
Centre (DIAC) has obtained preliminary approval to
open an office in the offshore Dubai International
Financial Centre (DIFC).
Previously, parties only had the option of enforcing an
arbitral award in the Dubai courts. The opening of a
DIAC office in the DIFC will now give parties another
enforcement option. The move strengthens the legal
business environment and emphasises the importance
of commercial arbitration in settling commercial
disputes in Dubai.
SIAC LAUNCHES INNOVATIVE NEW ARBITRATION RULES
1 June 2016: The Singapore International Arbitration
Centre’s (SIAC) new arbitration rules took effect,
aiming to combine the best features of commercial
arbitration and specialist investment arbitration rules
and provide an alternative set of procedural rules for
the administration of investor-state disputes at SIAC.
The rules include provisions addressing topical issues
such as inefficiency, confidentiality, emergency
arbitrators, early dismissal of unmeritorious claims,
submissions from non-disputing parties and the
disclosure of third party funding arrangements.
KCAB REVISES RULES TO INCREASE ARBITRATION EFFICIENCY
1 June 2016: The Korean Commercial Arbitration Board
(KCAB) revised rules entered into force in response to
user demand. The new rules include features aimed at
increasing efficiency and reducing the duration of
proceedings, and allow for the joinder of parties,
consolidation of claims, appointment of emergency
arbitrators and the screening of arbitrators by KCAB
before they are appointed. These features reflect recent
trends and modern practices in international arbitration.
4 Global International Arbitration Update
Case Law
EQUATORIAL GUINEA WINS ITS FIRST ICSID CLAIM
4 December 2015: In Grupo Francisco Hernando
Contreras, S.L. v Republic of Equatorial Guinea (ICSID
Case No. ARB(AF)/12/2), Equatorial Guinea
successfully defeated the claims brought against it in its
first ICSID arbitration: a Spanish language ICSID
Additional Facility arbitration brought under the
Spain-Equatorial Guinea 2004 Bilateral Investment
Treaty. The majority of the tribunal agreed with the
State that Grupo Francisco Hernando Contreras, a
Spanish construction group, had not proved the
existence of binding contracts and therefore, under the
law of Equatorial Guinea, their agreements did not
qualify as an “investment”. The arbitrator nominated by
the claimant issued a dissenting opinion, finding that
there was “manifest common intention to contract”.
FRENCH COUR DE CASSATION UPHOLDS UNENFORCEABILITY OF ALVAREZ DECISION DUE TO CONFLICTS OF INTEREST
16 December 2015: In SA Auto Guadeloupe
Investissements (AIG) v Columbus Acquisitions Inc et al,
the French Supreme Court upheld a Paris Court of
Appeal ruling that a partial award in favour of Columbus
Acquisitions Inc (the claimant) was unenforceable.
The court concluded that the award was invalid
because the sole arbitrator, Henri Alvarez, had failed
to disclose that lawyers at his firm were assisting the
defendant’s parent company in a major acquisition.
The court held that the circumstances created
reasonable doubt regarding the independence and
impartiality of Alvarez in the eyes of AIG, satisfying
the subjective test that applies in French law and
rendering the tribunal irregularly constituted. This
ruling emphasizes the importance of the principle of
independence of arbitrators.
ENGLISH HIGH COURT FINDS IT IS NOT CONTRARY TO PUBLIC POLICY TO ENFORCE A NEW YORK CONVENTION AWARD WHICH INCLUDES A PENALTY
19 January 2016: In Pencil Hill Ltd v US Città Di
Palermo SpA (Case No. BA40MA109), the defendant
owned an Italian football club and contracted to pay
the claimant instalments for the acquisition of a
particular player. Under the contract, failure to pay
any of the instalments would result in all remaining
amounts becoming due, with an additional penalty of
double the outstanding sum. When the defendant
failed to make payment, the claimant referred the
dispute to the Court of Arbitration for Sport.
The tribunal made an award in which it ordered
payment of a reduced penalty, which was upheld by
the Swiss Supreme Court. In proceedings for enforce-
ment of the award in England, the court held that the
policy in favour of enforcing international arbitration
awards outweighed the English public policy of
refusing to enforce penalty clauses. Provided that the
contract in question did not offend Swiss law, the fact
that English law might take a different view of it did
not mean that the English court should refuse to
enforce an award arising out of that contract. The
decision demonstrates the pro-enforcement inclina-
tion of the English courts.
ENGLISH COMMERCIAL COURT REMOVES ARBITRATOR DUE TO APPARENT BIAS
17 February 2016: In Cofely Limited v Anthony
Bingham and Knowles Limited [2016] EWHC 240
(Comm), the English Commercial Court granted an
application to remove an arbitrator under section
24(1)(a) of the English Arbitration Act 1996.
The arbitrator, Anthony Bingham, was nominated by
claims consultants Knowles Limited, the defendant in
the case. The nomination was accepted by the CIArb.
The claimant, Cofely Limited, requested information
regarding their relationship and discovered that
Bingham had been appointed as arbitrator or
adjudicator in cases involving Knowles Limited 25
times in the past three years, and had derived 25% of
his income as arbitrator/adjudicator over the past three
years from those cases. However, Bingham had not
disclosed any of that information on his ‘acceptance of
nomination’ form when he was appointed.
The claimant applied to the court for removal of the
arbitrator, on the basis that circumstances existed
which gave rise to justifiable doubts as to his
impartiality. The court held that there was sufficient
apparent bias to satisfy section 24 of the Arbitration
Act 1996, as the arbitrator had failed to disclose the
history of his relationship with the defendant and had
responded to the claimant’s reasonable and appropriate
enquiries in an “aggressive” way. It is of particular
interest that the court took the latter factor into
account when making their finding of apparent bias.
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UK HIGH COURT OVERTURNS ARBITRAL AWARD ON POINT OF LAW
23 February 2016: In Glory Wealth Shipping PTE
Limited v Flame SA [2016] EWHC 293 (Comm), Glory
Wealth successfully appealed an arbitral tribunal’s
award on a point of law under section 69 of the
English Arbitration Act 1996.
This case is a rare example of a successful appeal on
this ground, as the LCIA and ICC rules exclude the
right to appeal and thereby prevent parties whose
disputes are being heard by those institutions from
attempting to do so. It demonstrates the English
courts’ willingness to uphold appeals where they are
persuaded that the tribunal has erred in law.
Those in favour of retaining the right to appeal on a point
of law will view this judgment, as well as the similar 11
May 2016 judgment in NYK Bulkship (Atlantic) NV v
Cargill International SA [2016] UKSC 20, as illustrations
as to why such right provides a valuable safeguard, while
others will place a higher value on arbitration as a
“one-stop” forum whose advantages outweigh the risk of
not being able to correct errors of law.
SWISS SUPREME COURT DECIDES THE CONSEQUENCE OF FAILURE TO COMPLY WITH OBLIGATORY PRE-ARBITRAL TIER
16 March 2016: In decision 4A_628/2015, the Swiss
Supreme Court overturned an arbitral tribunal’s
award, clarifying for the first time that failure to
comply with a mandatory pre-arbitral tier leads to the
stay of the arbitration proceedings until the pre-
arbitral tier has been completed. The court also held
that the tribunal should decide the time frame in
which, should the dispute remain unresolved, the
arbitration process will resume. This approach
contrasts with that adopted in other jurisdictions.
Commercial contracts sometimes contain multi-tier
arbitration clauses, which may include a binding
obligation to comply with pre-arbitral steps such as
negotiation, mediation or adjudication before
commencing arbitration, in order to reduce costs.
These types of clauses are treated in different ways in
different jurisdictions.
DUBAI COURT OF APPEAL QUESTIONS UK MEMBERSHIP OF THE NEW YORK CONVENTION
30 March 2016: In Fluor Transworld Services v
Petrixo Oil & Gas, the Dubai Court of Appeal refused
to enforce an ICC London-seated arbitration award.
The court controversially claimed there was a lack of
sufficient evidence that the UK has signed and ratified
the 1958 New York Convention, despite the fact that
the UK is clearly listed on the New York Convention
website as having done so on 24 September 1975.
The Dubai Court of Appeal invoked Articles 235 and
236 of the UAE Civil Transactions Code, according to
which foreign awards without an international
enforcement instrument must originate from
countries whose courts enforce awards originating in
the UAE. As there has been no English court
precedent for enforcing a UAE award, the court
declined enforcement on the basis of lack of
reciprocity. It did so despite neither party having
raised this as a ground for refusal to enforce the
award, and the fact that the UAE signed up to the New
York Convention in 2006 without entering into a
‘reciprocity reservation’.
The case demonstrates that the enforcement of foreign
arbitral awards in the UAE courts remains
unpredictable. However, the case has been appealed to
the Dubai Court of Cassation, which has a history of
confirming that the UAE should be an ‘arbitration
friendly’ jurisdiction when it comes to the enforcement
of foreign awards.
UNITED STATES DISTRICT COURT ENFORCES SUBPOENAS TO AID ENFORCEMENT OF AWARD ON FOREIGN NATIONAL
13 April 2016: In Probulk Carriers Limited v. Marvel
International Management and Transportation (Case
No. 14-cv-8338), the United States District Court for
the Southern District of New York (the “District
Court”) enforced two subpoenas to aid enforcement of
an arbitration award that had been served on a foreign
national temporarily present in the United States.
The foreign national, a Turkish citizen, was the son of a
principal of the losing party in the arbitration and had
been served with the subpoenas while he was in Boston,
Massachusetts for a film festival. One subpoena
required his deposition; the second required him to
produce documents. He moved to quash the subpoenas
on grounds that they circumvented the Hague
Convention on the Taking of Evidence Abroad in Civil
or Commercial Matters (the “Hague Convention”).
6 Global International Arbitration Update
The District Court rejected his arguments, reasoning
that the Hague Convention was not the exclusive means
for obtaining discovery from a foreign entity in the
United States, nor was it the means of first resort. It
also reasoned that the parties to the arbitration should
have known that the prevailing party would likely seek
to enforce the award in New York, because both were
licensed to do business there. While rejecting the
notion that sitting for a deposition was not burdensome
in and of itself, it modified the subpoenas to permit the
deposition and document production to occur in
Istanbul, and not New York, “halfway across the world”
from where the foreign national lived.
US$50 BILLION YUKOS AWARD SET ASIDE BY HAGUE DISTRICT COURT
20 April 2016: In The Russian Federation v Veteran
Petroleum Limited, Yukos Universal Limited and
Hulley Enterprises Limited, the Hague District Court
set aside the interim and final Energy Charter Treaty
(ECT) awards issued by a PCA tribunal in favour of
the former majority shareholders in Yukos against
Russia worth over US$50 billion.
The Hague District Court held that although Russia
had signed the ECT, it had never ratified it, so its
arbitration provision did not apply and the tribunal
did not have jurisdiction to consider the dispute.
The Yukos majority shareholders will appeal the
decision and continue with enforcement proceedings
already underway in jurisdictions other than the
Netherlands, as Article V(1)(e) of the New York
Convention grants enforcing courts discretion to
enforce an award that has been annulled by the courts
of the seat of the arbitration. Russia will seek the
dismissal of those proceedings on the basis that the
award has been set aside.
PCA TRIBUNAL PUBLISHES AWARD ON JURISDICTION AND ADMISSIBILITY IN PHILIP MORRIS CASE
16 May 2016: The tribunal hearing the case of Philip
Morris Asia Limited v The Commonwealth of Australia
(UNCITRAL) (PCA Case No. 2012-12) published its
redacted award on jurisdiction and admissibility.
Philip Morris Asia Limited (“Philip Morris”) had
claimed that the enactment and enforcement of
Australia’s Tobacco Plain Packaging Act 2011 had
deprived it of its intellectual property and infringed
upon its investments. It had commenced arbitration
under the 1993 Agreement between the Government
of Hong Kong and the Government of Australia for the
Promotion and Protection of Investments.
In the award dated 17 December 2015, the tribunal at
the Permanent Court of Arbitration (PCA) decided that
the initiation of the arbitration constituted an abuse of
rights, as the corporate restructuring by which Philip
Morris had acquired Australian subsidiaries was
carried out for the principal, if not sole, purpose of
gaining treaty protection. Accordingly, its claims were
inadmissible and the tribunal was precluded from
exercising jurisdiction over the dispute.
ENFORCEMENT OF ICC AWARD IN SAUDI ARABIA IS A POSITIVE DEVELOPMENT FOR ARBITRATION
June 2016: Reports that a US$18.5 million ICC
London-seated award will be enforced in the Kingdom
of Saudi Arabia against a Saudi-domiciled award
debtor represent a positive development for the enforce-
ment of foreign arbitral awards in Saudi Arabia.
The Kingdom implemented a new Arbitration Law in
2012, which overhauled the procedures for the
appointment of arbitrators, the conduct of the arbitra-
tion proceedings and, significantly, implemented a
regime for the enforcement of both domestic and
foreign arbitral awards. An enforcement judge may
enforce a foreign arbitral award only on the basis of
principles of reciprocity and if the party seeking
enforcement can satisfy a series of criteria.
Saudi Arabia’s enforcement regime is still relatively
new, and further instances of enforcement decisions
will be needed to evidence its effectiveness.
Furthermore, in light of the Kingdom’s policy to
diversify its economy away from oil and its interest in
attracting inbound foreign investment, this develop-
ment is a welcome indication of a significantly
improved landscape for resolving disputes through
arbitration and enforcing any resultant award against
Saudi-domiciled parties who have no identifiable
assets outside of the Kingdom in a New York
Convention State.
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Mayer Brown Key Events
EUROPEAN LAW STUDENTS’ ASSOCIATION QUEEN MARY UNIVERSITY OF LONDON INTERNATIONAL ARBITRATION & COMMERCIAL LAW ACADEMY – 6 JULY 2016 – LONDON
Rachael O’Grady, senior associate in Mayer Brown’s
International Arbitration practice in London, will be
speaking at the European Law Students’ Association
International Arbitration & Commercial Law Academy
at Queen Mary University of London on 6 July 2016.
Rachael will be speaking about enforcement issues as
part of the academic programme, which is running
from 3 to 10 July 2016 and is being sponsored by
Mayer Brown.
HONG KONG INSTITUTE OF ARBITRATORS ASSOCIATES ENTRY COURSE AT THE HONG KONG INTERNATIONAL ARBITRATION CENTRE – 15-16 JULY 2016 – HONG KONG
Bill Amos, partner in Mayer Brown’s International
Arbitration practice in Hong Kong, will be speaking at
the Hong Kong Institute of Arbitrators Associates
entry course at the Hong Kong International
Arbitration Centre on 15 & 16 July 2016.
The course will offer suitably qualified professionals a
2-day course leading to entry to the Institute as an
Associate, and will cover subjects including
arbitration clauses, applicable law, constitution of the
tribunal, powers of the arbitrators as well as content
and enforcement of awards.
ICC YAF EUROPE REGIONAL CONFERENCE 2016 – 15-16 JULY 2016 – ATHENS
Rachael O’Grady, senior associate in Mayer Brown’s
International Arbitration practice in London, will be
speaking at the ICC Young Arbitrators Forum (YAF)
3rd Europe Chapter Regional Conference in Athens,
Greece on 16 July 2016.
Rachael will take part in a debate entitled “The future
of international arbitration is as clear as the Paris and
London skies” and will be opposing the motion.
INTERNATIONAL ARBITRATION WEBINAR SERIES – 11 AUGUST 2016
Mayer Brown’s International Arbitration practice will
be hosting its fifth webinar on 11 August 2016.
Gustavo Fernandes de Andrade, partner in Mayer
Brown’s International Arbitration practice in Rio de
Janeiro, and Allison Stowell, senior associate in Mayer
Brown’s International Arbitration practice in New
York, will be discussing topics regarding international
arbitration and Brazil.
INTERNATIONAL ARBITRATION WEBINAR SERIES – 3 NOVEMBER 2016
Mayer Brown’s International Arbitration practice will
be hosting its sixth webinar on 3 November 2016.
Dany Khayat, partner in Mayer Brown’s International
Arbitration Practice in Paris and Rachael O’Grady,
senior associate in Mayer Brown’s International
Arbitration Practice in London will be discussing
treaty arbitrations.
14TH ICC MIAMI CONFERENCE ON INTERNATIONAL ARBITRATION – 13-15 NOVEMBER 2016
Mayer Brown will be sponsoring the ICC’s annual
Miami conference on international commercial
arbitration in Latin America, taking place from 13-15
November 2016. The conference aims to provide an
update on developments in international arbitration in
the region, and will include advanced training on oral
advocacy. It is expected that 550 participants from 40
countries will attend.
Mayer Brown Publications
ARBITRATION IN AFRICA
14 January 2016: Arbitration in Africa by Jonathan
Hosie, partner in Mayer Brown’s International
Arbitration practice in London, was published in
Mining Journal. The article discusses the economic
and geo-political climate affecting mining projects in
Africa, as well as the use of international arbitration
to resolve mining disputes.
To read the full article, click here.
COUNTRY REFERENCE GUIDE FOR INTERNATIONAL ARBITRATION IN SUB-SAHARAN AFRICA
February 2016: Mayer Brown’s International
Arbitration Group has updated its Country by Country
Reference Guide to International Arbitration in
Sub-Saharan Africa for 2016. Covering 49 countries,
this Guide covers the key facts, considerations and
risks in relation to arbitration in the region. The guide
is designed to provide a useful point of reference for
international parties contracting in the region, and
answers the following questions:
• What are the latest developments, issues and trends
with regard to arbitration in Sub-Saharan Africa?
• What are the local arbitral laws and institutions in
each country, and how can they assist international
contracting parties?
• When and where can international conventions
such as the New York Convention and the ICSID
Convention provide assistance?
8 Global International Arbitration Update
To register for your free copy of Mayer Brown’s Guide
to International Arbitration in Sub-Saharan Africa
please click here.
To view the Chinese language version, which was
launched on 1 March 2016 at the Africa Investment &
Dispute Resolution Seminar co-hosted by Mayer Brown
and Jingtian & Gongcheng in Beijing, click here.
LEGAL UPDATE ON NEW MYANMAR ARBITRATION LAW
16 February 2016: Mayer Brown JSM has published a
Legal Update on the topic of Myanmar’s new arbitration
law. Up until very recently, the legislation that governed
arbitrations in Myanmar was the antiquated Arbitration
Act 1944. The 1944 Act mirrored India’s Arbitration Act
1940 and was generally regarded as outdated and
defunct. As such, reform of Myanmar’s arbitration
regime was urgently required. In the last few years, as
the country has become more accessible to foreign
investors with the implementation of political and
market reforms, Myanmar has seen a number of changes
which will dramatically impact the conduct of
arbitrations in the country. It will also affect how arbitral
awards can be enforced, recently culminating in the
enactment and coming into force of Myanmar’s
Arbitration Law (Union Law 5/2016) on 5 January 2016.
To read the full article, click here.
CONSTRUCTION ARBITRATOR RESIGNS FOLLOWING COURT RULING
23 February 2016: Raid Abu-Manneh, partner in Mayer
Brown’s London office and global co-head of Mayer
Brown’s International Arbitration Group, was quoted in
Construction Arbitrator Resigns Following Court Ruling
in Global Arbitration Review, discussing the importance
for arbitrators to disclose previous appointments and the
courts’ application of the IBA guidelines when considering
conflicts in light of the judgment in the case of Cofely
Limited v Anthony Bingham and Knowles Limited [2016]
EWHC 240 (Comm).
To read the full article, click here (subscription required).
SPACE MINING RACE HEATS UP, BUT WHOSE ASTEROID IS IT ANYWAY?
26 February 2016: Rachael O’Grady, senior associate
in Mayer Brown’s International Arbitration practice in
London, is quoted in Reuters article Space Mining
Race Heats up, but Whose Asteroid is it Anyway?
discussing the lack of legal framework for private
operators to mine asteroids.
A similar article entitled Whose Asteroid Is it
Anyway? also appeared in Fortune on 26 February 2016.
To read the full article, click here.
10 THINGS YOU SHOULD KNOW ABOUT ARBITRATION
7 March 2016: 10 Things You Should Know About
Arbitration, an article by Raid Abu-Manneh, partner
in Mayer Brown’s London office and global co-head of
Mayer Brown’s International Arbitration Group, and
Mark McMahon, associate in Mayer Brown’s
International Arbitration practice in London, was
published in Construction News. The article addresses
some of the key questions parties may have when
considering whether to resolve their dispute through
international arbitration.
To read the full article, click here.
MAYER BROWN RECOGNIZED AS AN ARBITRATION LEADER IN GLOBAL ARBITRATION REVIEW’S GAR 100 GUIDE
10 March 2016: Mayer Brown has once again been
recognized in the 2016 edition of Global Arbitration
Review’s GAR 100, a guide to the world’s leading
international arbitration firms.
The publication highlighted some of Mayer Brown’s
accomplishments in 2015:
• Advising the Panama Canal Authority on multiple
disputes that have arisen between the Authority and
the European-led construction consortium, rang-
ing from pre-arbitral, contract-based adjudication
board proceedings to significant arbitration matters
before the ICC;
• Acting on behalf of Kuwait’s Fouad Alghanim &
Sons Group on a US$150 million ICSID telecoms
claim against Jordan; and
• The addition of B. Ted Howes (New York) to its
practice, who leads the International Arbitration
group in the US and serves as a member of the firm’s
global leadership team for International Arbitration.
WORK REMAINS IN ELEVATING DUBAI’S INTERNATIONAL ARBITRATION STATUS
25 March 2016: Raid Abu-Manneh, partner in Mayer
Brown’s London office and global co-head of Mayer
Brown’s International Arbitration Group, is quoted
extensively in Work Remains In Elevating Dubai’s
Int’l Arbitration Status in Law360, discussing the
changing perceptions regarding international
arbitration in the Middle East, as well as the rise of
the Middle East as a global economic player.
To read the full article, click here.
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WHY ASTEROID MINING IS THE FUTURE – AND A LEGAL MINEFIELD
31 March 2016: Why Asteroid Mining Is The Future
– And A Legal Minefield, an article by Ian Coles, partner
in Mayer Brown’s Finance practice in London, and
Rachael O’Grady, senior associate in Mayer Brown’s
International Arbitration practice in London, was
published in The Times Law. The article discusses the lack
of clarity in international law regarding the substantive
rights of states and their nationals to mine asteroids, as
well as the need for international law to be updated to
keep up with modern advances and technologies.
To read the full article, click here.
ARBITRATOR IMPARTIALITY – THE IMPORTANCE OF FULL DISCLOSURE
31 March 2016: Arbitrator Impartiality – The
Importance Of Full Disclosure, an article by Raid
Abu-Manneh, partner in Mayer Brown’s London office
and global co-head of Mayer Brown’s International
Arbitration Group, and Wisam Sirhan, senior associate
in Mayer Brown’s International Arbitration practice in
London, was published in Construction News
discussing the importance of arbitrator impartiality.
To read the full article, click here (subscription required).
THE CONSOLIDATION DILEMMA: IS THERE FINALLY A PRAGMATIC SOLUTION?
April 2016: B. Ted Howes, partner in Mayer Brown’s
New York office and head of Mayer Brown’s
International Arbitration Practice in the United States,
and Allison Stowell, senior associate in Mayer Brown’s
International Arbitration practice in New York,
published an article in the IBA Dispute Resolution
International journal.
The article discusses the inefficacy of the current regime
of international arbitration rules for the consolidation of
multi-contract transactional disputes, and the trend that
contrary to the consolidation requirements of the leading
rules, few respondents consent to consolidation after a
dispute arises and fewer multi-contract transactions fall
into the neat pattern of the “same parties” signing each
contract. The article proposes that a solution to the
consolidation dilemma be considered by the major
arbitral institutions, as disputes that should naturally be
unified before a single arbitration panel are currently
being divided, at great cost to the parties and to the
efficacy and reputation of the system.
To read the full article, click here (subscription required).
WING BO RULING BOLSTERS HONG KONG’S ARBITRATION PRESTIGE
1 April 2016: Menachem Hasofer, partner in Mayer Brown JSM’s Hong Kong office and global co-head of Mayer Brown’s International Arbitration Group, is quoted in Wing Bo Ruling Bolsters Hong Kong’s Arbitration Prestige in Law360, discussing the Hong Kong courts’ pro-arbitration approach.
To read the full article, click here.
HKIAC HOPING TO CASH IN ON INCREASED IP ARBITRATION
8 April 2016: In HKIAC Hoping To Cash In On Increased IP Arbitration in Law360, B. Ted Howes, partner in Mayer Brown’s New York office and head of Mayer Brown’s International Arbitration Practice in the United States, is quoted discussing the rising awareness of the importance of international arbitration in patents transactions.
To read the full article, click here.
3 ADVANTAGES OF ARBITRATING IP DISPUTES
11 April 2016: B. Ted Howes, partner in Mayer Brown’s New York office and head of Mayer Brown’s International Arbitration Practice in the United States, is quoted in 3 Advantages Of Arbitrating IP Disputes in Law360, discussing some of the advantages that arbitration offers over litigation.
To read the full article, click here.
GEMALTO TELLS TEXAS JUDGE RETAILERS OWE $46M ARBITRAL AWARD
14 April 2016: Carmine Zarlenga, partner in Mayer Brown’s Litigation & Dispute Resolution Practice in Washington DC, is quoted extensively in Gemalto Tells Texas Judge Retailers Owe $46m Arbitral Award in Law360, discussing the Merchant Customer Exchange LLC v. Gemalto Inc. arbitration in which Mayer Brown secured a US$42.8 million award for Gemalto.
To read the full article, click here.
US STORES MUST PAY FOR PHONE PAYMENT TECHNOLOGY, RULES ALL-TEXAN TRIBUNAL
15 April 2016: In US Stores Must Pay for Phone Payment Technology, Rules All-Texan Tribunal, Carmine Zarlenga, partner in Mayer Brown’s Litigation & Dispute Resolution Practice in Washington DC, is quoted discussing an American Arbitration Association tribunal’s order to a US consortium of retailers to pay over US$45 million to a Dutch digital security company in a dispute over technology to enable payment using smart phones.
To read the full article, click here (subscription required).
10 Global International Arbitration Update
SUPREME PEOPLE’S COURT GUIDING CASE NO. 37 EXTENDS TIME LIMIT FOR BRINGING ENFORCEMENT ACTION ON A FOREIGN-RELATED ARBITRATION AWARD IN MAINLAND CHINA
19 April 2016: Mayer Brown JSM has published a
Legal Update regarding the extension of the period for
applying for enforcement of an award to two years in
mainland China, pursuant to Article 239 of the PRC
Civil Procedure Law (2012 Amendment). The period
shall start from the last day of the performance period
specified in a legal instrument, or the effective date of a
legal instrument if it does not specify a period of
performance.
However, following guiding case no. 37 between
Shanghai Jwell Machinery Co., Ltd and Retech
Aktiengesellschaft from Switzerland, the court takes the
view that this time-bar provision is subject to the general
principle that Chinese courts do not have the power to
execute a foreign-related award unless the person subject
to enforcement of the award, or the property of that
person, is in mainland China at the material time.
To read the full article, click here.
PCA’S MIDDLE EAST OUTREACH UNDERSCORES GROWING IMPORTANCE
26 April 2016: Dany Khayat, partner in Mayer
Brown’s International Arbitration Practice in Paris, is
quoted extensively in PCA’s Middle East Outreach
Underscores Growing Importance in Law360,
discussing the rise in investors’ awareness of treaties
across the Middle East region in recent years.
To read the full article, click here.
DRAFT BILL REFLECTS SOUTH AFRICA’S MIXED VIEWS ON ARBITRATION
10 May 2016: Kwadwo Sarkodie, partner in Mayer
Brown’s International Arbitration Practice in London,
is quoted in Draft Bill Reflects S. Africa’s Mixed Views
On Arbitration in Law360, discussing South Africa’s
draft international arbitration bill set to replace South
Africa’s Arbitration Act 42 of 1965, which does not
expressly deal with international arbitration and is not
based on the UNCITRAL model law.
To read the full article, click here.
ICC STATS FOR 2015 PROVOKE STRONG RESPONSE
13 May 2016: Mark Stefanini, partner in Mayer Brown’s
International Arbitration Practice in London, was
quoted in ICC Stats For 2015 Provoke Strong Response in
Global Arbitration Review, discussing the ICC’s position
as a “formidable competitor” to other institutions and
the fact that competition between arbitral institutions
and courts for cases will increase the quality of service
provided by all institutions and ultimately improve the
attraction of London as a dispute resolution centre.
To read the full article, click here (subscription required).
UNILATERAL JURISDICTION CLAUSES: ONE WAY OR NO WAY?
20 May 2016: Unilateral Jurisdiction Clauses: One Way
Or No Way?, an article by Mark Stefanini, partner, and
Stephen Moi, senior associate, both in Mayer Brown’s
International Arbitration Practice in London, was
published in International Financial Law Review. The
article compares the current legal position in six dispute
resolution centres regarding so-called unilateral juris-
diction clauses, and discusses why they are, and should
be, enforceable as a matter of principle and policy.
To read the full article, click here (subscription required).
ROAD TO MOROCCO
20 May 2016: Raid Abu-Manneh, partner in Mayer
Brown’s London office and global co-head of Mayer
Brown’s International Arbitration Group, and Dany
Khayat, head of Mayer Brown’s International
Arbitration practice in Paris, published an article in
Building discussing Morocco’s potential as a gateway
to Africa for UK construction companies.
To read the full article, click here (subscription required).
5 TIPS FOR ASPIRING INTERNATIONAL ARBITRATION ATTORNEYS
23 May 2016: Raid Abu-Manneh, partner in Mayer
Brown’s London office and global co-head of Mayer
Brown’s International Arbitration Group, is quoted
extensively in 5 Tips For Aspiring International
Arbitration Attorneys in Law360, discussing the
importance for young lawyers interested in the field of
international arbitration to make connections and
participate in events in the community in order to build
their network and profile among peers and seniors.
To read the full article, click here.
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NEW SAUDI ARBITRATION REGIME DIVERTS FROM CHECKERED PAST
16 June 2016: Raid Abu-Manneh, partner in Mayer
Brown’s London office and global co-head of Mayer
Brown’s International Arbitration Group, is quoted
extensively in New Saudi Arbitration Regime Diverts
From Checkered Past in Law360 discussing the
significance of the decision by a Saudi Arabian court to
enforce an $18.5 million international arbitration award.
To read the full article, click here.
IS ARBITRATION DAMAGING THE COMMON LAW?
22 June 2016: Raid Abu-Manneh, partner and global
co-head of Mayer Brown’s International Arbitration
Group, Mark Stefanini, partner, and Jeremy Holden,
associate, all in Mayer Brown’s International
Arbitration Practice in London, published an article in
International Arbitration Law Review. The article
addresses the challenges facing the English courts and
arbitral institutions in the coming years in light of
recent criticisms, as well as proposed solutions to
these challenges.
To request a copy of the full article, please email
RULES CHANGES IN INTERNATIONAL ARBITRATION: KEY LESSONS FOR PRACTITIONERS
24 May 2016: James Ferguson, partner, and Sarah
Reynolds, associate, both in Mayer Brown’s International
Arbitration practice in Chicago, have published a
recording and presentation slides from the webinar they
hosted with Steven Andersen, Vice President of the
International Centre for Dispute Resolution, on the topic
of Rules Changes In International Arbitration: Key
Lessons For Practitioners.
During the webinar, the speakers analyzed the recent
rules changes and discussed how they can be used in
drafting more effective dispute resolution clauses and
in preparing cases for hearings in international
arbitral forums.
To view the webinar recording, click here.
COUNTRY REFERENCE GUIDE FOR INTERNATIONAL ARBITRATION IN LATIN AMERICA
June 2016: Mayer Brown’s International Arbitration
Group has published its Country by Country Reference
Guide to International Arbitration in Latin America.
The Chinese language version was launched on 2
March 2016 at the Latin America Investment &
Dispute Resolution Seminar, co-hosted by Mayer
Brown and Jingtian & Gongcheng in Shanghai.
To view the guide in Chinese, click here.
To request a copy of the forthcoming guide in English,
please email [email protected].
4 TIPS FOR KEEPING THRIFTY ARBITRATION CLIENTS HAPPY
2 June 2016: B. Ted Howes, partner in Mayer Brown’s
New York office and head of Mayer Brown’s
International Arbitration Practice in the United States
is quoted in 4 Tips For Keeping Thrifty Arbitration
Clients Happy in Law360 discussing tips to ensure
that arbitration clients are not left footing an
unwanted and unanticipated bill.
To read the full article, click here.
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“Mayer Brown” and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.
© 2016 The Mayer Brown Practices. All rights reserved.
Contacts:
Raid Abu-MannehGlobal co-head of Mayer Brown’s
International Arbitration Practice
London
+44 20 3130 3773
Menachem M. HasoferGlobal co-head of Mayer Brown’s
International Arbitration Practice
Hong Kong
+852 2843 2384
For more information about Mayer Brown’s
International Arbitration practice, and for contact
details of other team members, click here or please see:
http://www.mayerbrown.com/experience/
International-Arbitration/?section=people
Regional Contacts:
UNITED STATES:
B. Ted Howes+1 212 506 2279
UNITED KINGDOM:
Kwadwo Sarkodie+44 20 3130 3335
Mark Stefanini+44 20 3130 3704
FRANCE:
Dany Khayat+33 1 53 53 36 31
Alejandro López Ortiz+33 1 53 53 18 62
GERMANY:
Dr. Jan Kraayvanger+49 69 7941 2071
HONG KONG:
Thomas S.T. So+852 2843 4502