2012 Developments in International Arbitration

Today, Disputing continues its 2012 Year-End Highlights. Following are some of the recent developments in international arbitration published in 2012 by the International Law Office (free registration is required to view the articles):

• Austria: Costly decision: court refuses to set aside arbitral award
• Austria: Supreme Court defines limits of arbitration agreements
• Austria: Supreme Court takes restrictive view on state immunity
• Brazil: Bumps in the road to infrastructure arbitration
• Brazil: Courting arbitration: specialised chamber decides first arbitration cases
• Brazil: Sao Paulo appellate court suspends foreign arbitration proceedings
• Canada: Canada’s international commercial arbitration statutes under review
• Canada: Choosing a dispute resolution mechanism
• Canada: Investor-state arbitration under new investment agreement with China
• Canada: Ontario courts consider jurisdiction of NAFTA tribunals
• Canada: Stay denied where dispute fell under oral agreement and outside arbitration clause
• Cyprus: Impact of arbitral tribunal order on Cypriot court judgment
• Denmark: Tribunal rules on failure to pay security for counterclaim
• Ecuador: Arbitral tribunal rules against Ecuador
• Ecuador: Court prevents a disrupting strategy to derail arbitration
• Ecuador: State fails to comply with international arbitral award alleging human rights concerns
• Ecuador: Court prevents a disrupting strategy to derail arbitration
• France: Award annulled due to withdrawn counterclaims introduced by insolvent defendant
• France: Supreme Court reiterates autonomy of the international arbitral legal order
• France: Defining ‘arbitral awards’: Supreme Court weighs in
• Greece: Appeal court considers law governing objective arbitrability
• Greece: Formal validity of domestic arbitral award
• Greece: Is a fully paid award still enforceable under the New York Convention?
• Greece: Punitive damages awarded in arbitration refused enforcement
• Hungary: Interpreting new restrictions on arbitration
• India: Amendment of grounds in application for challenging arbitral awards
• India: Bilateral investment treaties: chosen pathway for dispute resolution
• India: Courts discourage frivolous impleadment of unnecessary parties
• India: Supreme Court restricts domestic court jurisdiction over foreign arbitrations
• International: Achieving an efficient arbitration process
• International: Best practices: the importance of experienced arbitration counsel
• Istanbul: Istanbul set to become international arbitration centre
• Italy: Mandatory mediation: the Italian experience, two years on
• Kenya: Alternative dispute resolution gains more legal recognition
• Kenya: Arbitration may no longer be viable as an ADR method
• Kenya: Aspects of arbitration proceedings
• Lebanon: Overview (March 2012)
• Lebanon: When does an arbitration agreement extend to third parties?
• Lithuania: Non-arbitrable public procurement disputes: on the right track?
• Malaysia: Court clarifies timeframe for setting aside award
• Malaysia: Court rules on competing arbitration clauses
• Malaysia: Court rules on enforcement of foreign arbitral award
• Malaysia: Court rules on recognition of foreign arbitral awards
• Malaysia: Court rules on role of foreign advocates in arbitration proceedings
• Mexico: Can a government agency unilaterally nullify an arbitration agreement?
• Netherlands: Interim measures prior to constitution of arbitral tribunal: a Dutch perspective
• Netherlands: Judicial review for quashing arbitral awards
• Netherlands: Standards of reasonableness and fairness may prevail over arbitration agreements
• Nigeria: Court rules on timeframe for proceedings to enforce arbitral awards
• Nigeria: The challenges of arbitrating in Africa: the Nigerian experience
• Russia: Supreme Arbitrazh Court rejects alternative (asymmetrical) arbitral clauses
• Spain: Court rules on action to set aside arbitral award
• Sweden: Supreme Court rules on doctrine of assertion
• Switzerland: Bankruptcy no restriction to arbitration unless it excludes bankrupt’s legal capacity
• Switzerland: Comprehensive translation of award not required for enforcement in Switzerland
• Switzerland: No two-tier judicial review of constitution of arbitral tribunal
• Switzerland: Supreme Court rules on Private International Law Act
• Switzerland: Supreme Court saves pathological arbitration clause
• Switzerland: Third parties and arbitration clauses in promissor/promissee contracts
• Turkey: Bilateral investment treaties and international arbitration
• Turkey: Chamber of Commerce forms working group to amend arbitration rules
• Turkey: Enforcement of foreign arbitral awards subject to progressive court fees
• Turkey: New code of obligations restricts arbitration in sales with instalment payments
• Ukraine: Mitigation of damages in arbitration practice: trite law or space for creativity?
• Ukraine: Obtaining security measures in support of arbitral awards
• Ukraine: Time limit for forwarding arbitral award to parties extended
• Ukraine: Ukraine earmarks UAH100 million for ICSID awards
• United Kingdom: Courts can enforce declaratory arbitral award
• United Kingdom: Courts can enforce declaratory arbitral award
• United Kingdom: Damages for breach of arbitration agreement
• United Kingdom: English courts may enforce award that has been set aside
• United Kingdom: High Court rejects challenge to English arbitral award
• United Kingdom: Law governing arbitration has closest connection to law of the seat
• United Kingdom: Mediation blues: agreement to mediate found not binding
• United Kingdom: War on enforcement or valid arbitration proceedings – who decides?
• United Kingdom: Comity prevents English courts from issuing anti-suit injunction
• USA: Arbitrability as a threat to finality of international arbitration awards
• USA: Can franchise agreement protect against class-wide and associational arbitration?
• USA: Court sanctions counsel for frivolous challenge to arbitration award
• USA: District court grants Section 1782 discovery in support of NAFTA arbitration
• USA: Eighth Circuit Court of Appeals applies Rent-A-Center severability rule
• USA: Federal appeals court clarifies arbitrator ‘evident partiality’ standard
• USA: Supreme Court reaffirms pro-arbitration stance