The Americas

Important Second Circuit Decision on Enforcement of International Arbitration Awards

In a significant recent judgment, CBF Industria De Gusa S/A v. AMCI Holdings, Inc. (2d Cir. 2017), the influential U.S. Court of Appeals for the Second Circuit (the Second Circuit) considered an arbitral award's preclusive effects and its ability to … Continue reading

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Filed under Awards, Enforcement, New York Convention, The Americas

Urbaser v. Argentina and Burlington v. Ecuador: Investment arbitration is not over the counterclaims yet

Two recent decisions by tribunals have advanced the body of tribunal practice considering the issue of counterclaims by respondent states in investment treaty arbitration: Burlington Resources Inc. v. Ecuador, in which the tribunal awarded damages against the investor for breach … Continue reading

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Filed under Investment Arbitration, Jurisdiction, The Americas

Australian Full Federal Court decision highlights the importance of explicitly binding all parties to an arbitration agreement

On 25 January 2017, the Full Federal Court of Australia dismissed Trina Solar US, Inc.’s (Trina) appeal from an earlier decision of a single Federal Court Judge not to exercise residual discretion to refuse Jasmin Solar Pty Ltd (Jasmin) leave to … Continue reading

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Filed under Arbitration clauses, Australia, Court intervention, Enforcement, The Americas, Third-Party Rights

Recent Supreme Court Nominee Quiet Defender of Arbitration in the United States

On 31 January 2017, U.S. President Donald Trump formally nominated Judge Neil Gorsuch – who currently sits on the U.S. Court of Appeals for the Tenth Circuit – to fill the U.S. Supreme Court seat left vacant after the death … Continue reading

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Filed under The Americas

Live webcast of hearing on jurisdiction and the merits: David Aven et al. v. Republic of Costa Rica (UNCITRAL Case No. UNCT/ 15/3) – Public Hearing

A hearing on jurisdiction and the merits in UNCITRAL Case No. UNCT.15/3, will be transmitted live in English and Spanish via internet feed from Monday, December 5, 2016 to Monday, December 12, 2016, excluding Saturday and Sunday, from 9:00 a.m. to … Continue reading

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Filed under Investment Arbitration, ISDS, News, Public International Law, The Americas, Video

India and Brazil conclude negotiations of Bilateral Investment Treaty

As previously noted in April 2015, India amended its model bilateral investment treaty (the Indian Model BIT) and has reportedly been deploying it in recent months to seek to re-negotiate bilateral investment treaties (BITs) with over 47 countries (see previous … Continue reading

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Filed under Asia, India, Investment Arbitration, ISDS, News, Public International Law, The Americas

US Court of Appeals for the Second Circuit upholds decision of Southern District Court and confirms arbitral award against Pemex that was set aside at its seat

The US Court of Appeals for the Second Circuit (the Court of Appeals) has upheld the decision of District Judge Hellerstein in Corporación Mexicana de Mantenimiento Integral, S. De R.L de C.V v. Pemex-Exploración y Producción, No. 10 Civ. 206 … Continue reading

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Filed under Enforcement, New York Convention, Panama Convention, The Americas

New York district court rejects application for use of confidential documents in LCIA arbitration

Beny Steinmetz Group Resources ("BSGR"), a company based in Guernsey and accused of bribery in Guinea, has been denied permission by a Magistrate Judge of the Southern District Court of New York ("SDNY") to use certain confidential documents. These documents … Continue reading

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Filed under Document production, Evidence, The Americas

New York-based partner Christian Leathley speaks to Law360 for a Q&A on trends and challenges in international arbitration

Herbert Smith Freehills partner Christian Leathley speaks to Law360 for an exclusive Q&A on his career as a leading practitioner in international arbitration. Christian covers a range of topics including the growing problem with "issue conflict" in investment arbitration, how he … Continue reading

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Filed under Investment Arbitration, The Americas

TTIP: 12th Round of Negotiations concludes, investment protection remains high on the agenda; plus newly published CETA text includes EU’s Investment Court System proposal

The 12th Round of Negotiation of the TTIP, which concluded last week in Brussels, provided the first opportunity for the negotiating parties to discuss the EU's proposed Investment Chapter. The EU's formal proposal for the Investment Chapter, which is discussed … Continue reading

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Filed under Europe, Investment Arbitration, ISDS, Public International Law, The Americas