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.
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 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.