International Arbitration

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The IBA Guidelines on Party Representation: An Important Step in Overcoming the Taboo of Ethics in International Arbitration

London partner Cyrus Benson is the author of "The IBA Guidelines on Party Representation: An Important Step in Overcoming the Taboo of Ethics in International Arbitration" [PDF] published in April 2014 by The Paris Journal of International Arbitration 2014-1 (“Les Cahiers de l’Arbitrage 2014-1”).

Client Alert | April 1, 2014

Will Africa Be Lit By “BITs”?

The South African government may well have been surprised when Italian mining companies launched legal action challenging mining legislation aimed at addressing certain historical injustices in South African society - measures that were taken to promote human rights.

Client Alert | January 8, 2014

Limiting Investor Access to Investment Arbitration – A Solution without a Problem?

New York associate Liang-Ying Tan is the co-author of "Limiting Investor Access to Investment Arbitration - A Solution without a Problem?" [PDF] published in the January 2014 edition of Transnational Dispute Management.

Article | January 1, 2014

Arbitration of Employment: Claims Challenges and Limits on Enforceability in Texas

Dallas partner Karl Nelson and associate Benjamin Williams are the authors of "Arbitration of Employment Claims: Challenges and Limits on Enforceability in Texas" [PDF] published in the Winter 2013 edition of The Advocate.

Article | December 1, 2013

The Changed Landscape of Businesses’ Right to Enforce Arbitration Agreements: A Survey of Class Actions Involving Petitions to Compel Arbitration After Concepcion

Los Angeles partner Chris Chorba and associates Blaine Evanson, Babak Lalezari and Brandon Stoker are the authors of “The Changed Landscape of Businesses’ Right to Enforce Arbitration Agreements: A Survey of Class Actions Involving Petitions to Compel Arbitration After Concepcion” [PDF] published in the November 22, 2013 issue of Bloomberg BNA’s Class Litigation Report.

Article | November 22, 2013

Antitrust Scrutiny of Pharmaceutical Product Hopping

Dallas partner Sean Royall, Of Counsel Ashley Johnson and associate Jason McKenney are the authors of "Antitrust Scrutiny of Pharmaceutical Product Hopping" [PDF] originally published in Antitrust, Vol.

Client Alert | October 1, 2013

Indian Supreme Court Ruling Supports Foreign Arbitration Proceedings

Overturning a much criticized judicial precedent laid down by a Division Bench (consisting of three judges) of the Supreme Court of India ("Supreme Court") in the case of Bhatia International v. Bulk Trading S.A.

Client Alert | September 11, 2012

U.S. Supreme Court Finds That Class Action Waivers in Arbitration Agreements Are Enforceable Under the Federal Arbitration Act

Printable PDFToday, the United States Supreme Court issued its opinion in AT&T Mobility LLC v. Concepcion, No.

Client Alert | April 27, 2011

U.S. Supreme Court Limits Availability of Class Action Arbitration

On April 27, 2010, the Supreme Court of the United States recognized an important limit on the availability of class action mechanisms in arbitration.  In Stolt-Nielsen S.A.

Client Alert | May 3, 2010

Can Professional Ethics Wait? The Need for Transparency in International Arbitration

London partner Cyrus Benson is the author of "Can Professional Ethics Wait? The Need for Transparency in International Arbitration" [PDF] published in the March 2009 issue of International Bar Association's Dispute Resolution International.

Client Alert | March 2, 2009

Choice Roles

London partner Rachel Couter is the author of "Choice roles" [PDF] published in the October 20, 2008 issue of The Lawyer.

Client Alert | October 20, 2008

Recent Decisions Cast Substantial Doubt on Whether “Manifest Disregard of the Law” Constitutes a Valid Independent Ground for the Judicial Vacatur of Arbitration Awards under the United States Federal Arbitration Act

On July 7, 2008, the U.S. District Court for the Southern District of New York became one of the first courts to apply the United States Supreme Court's recent decision in Hall Street Associates, LLC v. Mattel, Inc., 128 S.

Client Alert | October 7, 2008

English Court of Appeal: Client’s Right to Choose Its Legal Advisers Is Paramount

Most jurisdictions have at least some requirement that parties to disputes must disclose relevant documents to their opposing parties.  England is no exception.  Disclosure is normally provided subject to obligations on the opposing party to (i) keep such documents confidential and (ii) not use such documents for any purpose other than the proceedings for which the documents are disclosed (non-use obligations).  Non-use obligations, naturally, apply both to the parties to the dispute and to their legal advisers.  Generally, they are well understood and cause no difficulties.  However, questions can sometimes arise as to whether, like conflicts of interest, they can prevent a client from instructing its lawyer of choice.A common situation where such a

Client Alert | July 30, 2008

An Injunction too Far: C v D

Gibson Dunn partner Cy Benson is the author of author of "An InjunctIon too Far: C v D" [PDF] published in Vol 3, Issue 1, of the Global Arbitration Review, page 38, www.GlobalArbitrationReview.com.

Client Alert | March 7, 2008

U.S. Supreme Court Holds That the Federal Arbitration Act Supersedes State Laws Lodging Primary Jurisdiction in Another Forum

On February 20, the Supreme Court of the United States issued an 8-1 decision in Preston v. Ferrer, which held that when parties agree to arbitrate all questions arising under a contract, the Federal Arbitration Act (FAA) supersedes state laws lodging primary jurisdiction in another forum, whether judicial or administrative.

Client Alert | February 27, 2008

What Price Accuracy? A Recent House of Lords Decision May Be a Recipe for Delay in UK Contract Law Arbitrations

The English House of Lords has issued two landmark decisions within the past six months addressing the value-date for the quantification of damages. The most recent of these decisions, in Golden Strait Corporation v Nippon Yusen Kubishika Kaisha, involves commercial contract law and may be a recipe for delay in UK contract law arbitrations.

Article | July 23, 2007

Wanted: An Ethical Compass

London Partner Cyrus Benson is the author of "Wanted: An Ethical Compass" [PDF], which appeared in Global Arbitration Review, Volume 1, Issue 3, June 2006.

Client Alert | June 1, 2006