2021 marked a new chapter for arbitration in Ecuador: after re-joining the International Centre for Settlement of Investment Disputes Convention in June, Ecuadorian Executive Decree No. 165 in August introduced Regulations to add to and improve the existing legal framework for arbitration as it results from the Ecuadorian Arbitration and Mediation Law (“AML”). The AML, which was enacted in 1997 and amended in 2015, had been criticised for its lack of clarity.
International Arbitration
Tenth Circuit Finds FAA Defenses Applicable to Nondomestic Arbitral Awards
By Shiloh Rainwater on
The U.S. Court of Appeals for the Tenth Circuit recently held for the first time that parties opposing confirmation of nondomestic arbitral awards (i.e., awards issued in disputes involving property located or conduct occurring outside the U.S.) issued in the U.S. or under U.S. arbitration law are not limited to the grounds set forth in the Inter-American Convention on International Commercial Arbitration (the Panama Convention). Instead, the court ruled that defenses to confirmation under the Federal Arbitration Act (FAA) apply.
ICC Expands Automatic Application of Expedited Procedure
By Sophie C. Matamoros on
ICC arbitrations based on agreements entered into in 2021 and beyond will follow an expedited procedure if the amount in dispute is $3 million or less – up from the previous $2 million or less.
This expansion of the automatic applicability of the Expedited Procedure is one of the most significant amendments made to the revised ICC Arbitration Rules 2021, which entered into force on January 1, 2021. It is thus important for parties agreeing to ICC arbitration to be acquainted with the key features of that procedure and with their ability to either opt in or opt out of it.
The Expedited Procedure will apply automatically to disputes up to $3 million unless the parties agree to opt out. Just as importantly, parties are free to opt in to the Expedited Procedure even if the amount in dispute exceeds $3 million. As a practical matter, parties are likely to be able to agree to opt in or out only at the time they are negotiating the arbitration agreement: whether to do so should thus be considered at that time.
UK Contract? Today is the Day to Review Your Dispute Resolution Provisions
By Dorothy Murray on
Whether you are a regular user of arbitration, a default user of your local courts or pick and choose a forum depending on the deal, it always pays to take a cold look at those choices. Do they still work for you? Will they work in the future when a dispute arises? Have you taken into account developments in law and current best practice?
Today is the day to review your dispute resolution (DR) provisions. Why? We give you 5 good reasons.
An Alternative to Foreign Service of Process
By Kimberly Li on
A recent opinion from the U.S. District Court for the Southern District of California may help plaintiffs facing the difficulties related to serving foreign defendants, especially in light of challenges caused by the current pandemic.
Supreme Court Decides No Signature, No Problem
By Imani C. Tisdale on
On June 1, 2020, the U.S. Supreme Court delivered a unanimous opinion regarding the relationship between domestic equitable estoppel and the enforcement of arbitration agreements. In GE Energy Power Conversion France SAS, Corp., Converteam SAS v. Outokumpufka Stainless USA, LLC, et al., (“GE Energy Power”), the Court addressed the question of whether the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, June 10, 1958, 21 U. S. T. 2517, T. I. A. S. No. 6997 (the “New York Convention” or “Convention”) conflicts with domestic equitable estoppel doctrines that permit the enforcement of arbitration agreements by nonsignatories. Writing for the Court, Justice Clarence Thomas explained that it does not.
UK Arbitration H1 2020: 6 Months and 6 Key Messages from the English Courts, Part 2
By David Hill & Dorothy Murray on
With an uptick in commercial wrangles expected as a result of measures taken to combat Covid-19, England is not alone in seeking to provide a welcoming jurisdiction to deal with such disputes.
We identified 6 key developments in arbitration case law in England from the last 6 months. In Part 1 of the two-part post, we explained how:
1. The English Court will determine the applicable law to an arbitration agreement and hold parties to their bargain by enforcing such arbitration agreements …
2. …But only where clearly drafted. The Courts will not save a party from competing clauses.
3. The English Court limits when a non-party can rely on arbitration agreements.
UK Arbitration H1 2020: 6 Months and 6 Key Messages from the English Courts, Part 1
By Dorothy Murray on
With an uptick in commercial wrangles expected as a result of measures taken to combat Covid-19, England is not alone in seeking to provide a welcoming jurisdiction to deal with such disputes.
In this two-part post, we pick out 6 key developments in arbitration case law in England over the last 6 months to reveal the takeaways for parties considering their dispute resolution options, whether at the contracting stage or with a potential claim in mind.