Who decides? Factors to consider when choosing an arbitrator

Parties to international arbitration face many choices not found in traditional litigation. One of the most important yet daunting decisions during the arbitral proceedings is the choice of the arbitrator. The findings of the "2010 International Arbitration Survey: Choices in International … [Continue reading...]

My laws or yours? Factors in determining the choice of law clause in an arbitration agreement

choice of law in arbitration

One of the most important decisions when drafting an arbitration agreement is the choosing which law will govern the agreement and subsequently, the arbitration in case of a dispute. As with all decisions relating to the agreement, it is a result of negotiations by the parties to the contract. Each … [Continue reading...]

Old Becomes New: The Modernization of the UNCITRAL Arbitration Rules in the Fast-Paced Age of Advanced Information Technology

Background and Development of UNCITRAL Rules The United Nations Commission on International Trade Law (UNCITRAL) has revised its arbitration rules, … [Continue reading...]

Clarity is Key: A Recent Ninth Circuit Decision Underscores the Importance of Precision in the Arbitration Agreement

Polimaster Ltd. v. Rae Systems, Inc. (9th Circuit, September 28, 2010) On September 28, 2010, the U.S. Court of Appeals for the Ninth Circuit … [Continue reading...]

Balancing the Arbitrators’ Duty with the Parties’ Right to be Heard: An Interpretation of Recent Swiss Case Law

right to be heard

A recent Swiss Federal Tribunal ruling has reinforced the significance of comprehensive decisions and a party's "right to be heard." The background … [Continue reading...]

The New IBA Rules Part 2: Examination of Witnesses, Expert Testimony and Privilege

As mentioned in our previous blog post regarding the new International Bar Association (IBA) Rules, in June 2010 a revision was made to the IBA rules … [Continue reading...]

The New IBA Rules: A pragmatic approach to taking evidence in international arbitration

Almost by its very nature, international arbitration brings together parties from different nationalities and legal traditions. Everyone knows that … [Continue reading...]

New York Court Affirms Nonsignatory Arbitration Rights and Fee Awards Under New York Law

Last week, a U.S. federal court in New York issued a ruling confirming that, under the New York Convention, an ICDR Panel award in favor of Hoffmann … [Continue reading...]

You’ve Won the Case, Now What?

Enforcing Foreign Awards in International Arbitration Nine times out of ten, one of the first questions we are initially asked by clients when we … [Continue reading...]

Sharpen Your Pencils: It May be Time to Amend Your Arbitration Clause

Supreme Court Issues Ruling on Hotly-Contested Class Arbitration Issue Big news catching the eye of arbitration attorneys throughout the U.S. this … [Continue reading...]