Tag Archives: US

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

NAFTA tribunal considers issues of res judicata and the customary international law minimum standard of treatment

In Apotex Holdings Inc. and Apotex Inc. v United States of America, (ICSID Case No. ARB(AF)/12/1), a NAFTA chapter eleven tribunal considered issues of res judicata and the customary international law minimum standard of treatment. In a case notable for its discussion of res judicata and the … Continue reading

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Filed under Investment Arbitration, The Americas

US issues new Ukraine-related sanctions and additional guidance

Herbert Smith Freehills has published the latest issue of its Corporate Crime e-bulletin. This edition covers the new sanctions designations issued by the US Office of Foreign Assets Control (OFAC) in response to the situation in Ukraine, as well as OFAC’s additional … Continue reading

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Filed under Europe, Sanctions, The Americas

Europe consults on investment protection and ISDS in the TTIP

The European Commission has launched a public consultation on its proposed approach to investment protection and investor-state dispute settlement (ISDS) provisions in the Transatlantic Trade and Investment Partnership (the TTIP).  The TTIP is a free trade agreement currently in negotiation … Continue reading

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Filed under Costs, EU Law, Europe, Investment Arbitration, The Americas

Ecuadorian Bill for the Enforcement of Awards and Judgments: will recent developments give the bill further impetus?

The Bill for the Enforcement of Awards and Judgments was introduced into the National Assembly of Ecuador in December 2013, against the backdrop of the ongoing dispute between Chevron and Ecuador which is playing out in a number of fora. … Continue reading

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Filed under Investment Arbitration, New York Convention, The Americas

Ukraine – EU imposes asset freeze and travel ban on 21 Russian individuals; US introduces additional Executive Order and imposes asset freeze and visa ban on 11 Ukrainian and Russian individuals

Herbert Smith Freehills has published its latest Sanctions Update e-bulletin, on the imposition targeted sanctions by the EU and US in response to the recent Crimea referendum. On 17 March 2014, the EU introduced an asset freeze and travel ban … Continue reading

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Filed under Europe, Sanctions, The Americas

Ukraine – EU imposes asset freeze on members of former government and issues a statement in relation to Russia; US introduces Executive Order permitting the blocking of assets

Herbert Smith Freehills has issued its latest Sanctions Update e-bulletin, concerning the EU and US response to recent events in Ukraine. On 5 March 2014, the EU introduced an asset freeze applying to former President Yanukovych and other former government officials and … Continue reading

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Filed under Europe, Sanctions, The Americas

The US Supreme Court decides BG v Argentina – right place, wrong road?

In a 7-2 majority decision on 5 March 2014, the United States Supreme Court has reinstated BG Group (BG)’s US$185 million arbitral award against Argentina.[1] The Supreme Court sought to clarify the delineation between “procedural” and “substantive” arbitrability issues in … Continue reading

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Filed under Arbitrability, Investment Arbitration, The Americas

A matter of class: the spectre of class action arbitration in consumer product disputes

Class arbitrations have primarily been viewed as an instrument of the US legal system. However, given the international capability and procedural flexibility of arbitration, the scope that they offer for collective redress by consumers is attracting increasing interest.

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Filed under Enforcement, The Americas

US District Court confirms arbitral award against Pemex that was nullified at its seat

The US District Court for the Southern District of New York has confirmed an arbitral award in favour of COMMISA, a subsidiary of KBR, against Pemex, even though the arbitral award had been annulled at its seat in Mexico. In … Continue reading

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