“As a moth is drawn to the light, so is a litigant drawn to the United States.” -- Lord Denning Was Lord Denning right? Last month the U.S. Supreme Court heard oral argument in Morrison v. National Australia Bank on the issue of whether a foreign plaintiff could use U.S. courts to file international securities class actions. This has to be one of the most interesting … [Read more...]
International Arbitration: Swiss Arbitrations Increase with Success of Expedited Arbitration Procedures
There was a high increase in arbitration cases submitted to the court under the Swiss Rules of International Arbitration, according to the Swiss Chambers’ Court of Arbitration and Mediation. According to the Swiss Chamber, a total of 104 new arbitration cases were filed in 2009, an increase of more than fifty percent over the number of cases submitted in 2008. Statistics … [Read more...]
International Center for the Settlement of Investment Disputes (ICSID) Releases Caseload Statistics
South America Hosts Majority of ICSID Cases The International Center for the Settlement of Investment Disputes (ICSID) recently released a report on its caseload statistics. The report includes lots of interesting data and illustrative charts. One chart I found particularly noteworthy was the geographic distribution of ICSID cases by state party. South America leads the … [Read more...]
Ireland Passes Arbitration Act of 2010: Incorporates UNCITRAL Model Law on International Commercial Arbitration
I’ve been lucky to have visited Ireland a few times in the past several years. From the unbridled majesty of the Cliffs of Moer, to the emerald hills of Kilarney, to the bustling streets of Dublin, everything about Ireland is pastoral and progressive at the same time. Leave it to an international law geek like me to notice that even its judiciary reflects this … [Read more...]
How to Authenticate Documents for Use Abroad Under the Hague Legalization Convention
I recently represented an overseas client who sued a U.S. party based on a transaction that took place overseas. The transaction centered on several key affidavits, powers of attorney and attestations that we would need to use in U.S. litigation. Traditionally, for such documents to be made admissible in U.S. courts, the documents must have been … [Read more...]
Doing Business in Japan Teleconference. $768.8 Billion Reasons to Attend
The International Law Prof Blog has passed along details about an upcoming teleconference, “Doing Business with Japan,” sponsored by the American Bar Association Section of International Law. The conference could not come at a better time. Businessweek’s Daniel Kruger reported this week that Japan has overtaken China as the largest foreign holder of … [Read more...]
7 Ways to Bulletproof Your International Arbitration Agreement
As an international business attorney, a focal point of my practice involves advising clients how to best handle cross-border disputes. The most effective mechanism by far in resolving international dispute is international arbitration. Why? International arbitration levels the playing field by taking away the home court advantage of parties on either side of a … [Read more...]
Ecuador Class Action Plaintiffs Strike Back at Chevron's Cynical Game of Musical Jurisdictions
The arc of the moral universe is long but it bends toward justice — Martin Luther King, Jr. The seventeen-year war between Ecuador’s 30,000 class plaintiffs against oil giant Chevron continues its global odyssey, as the oil giant pulls out every trick in the book to avoid an impending $27 Billion judgment against it in Ecuador for contaminating an immense … [Read more...]
Another Win for Anti-Suit Injunctions and the Integrity of Arbitral Awards
Only 2 weeks into 2010 and I’m seeing a lot of positive movement on the street. The international markets are roaring back to life. Deal makers are picking up the phone again. And lawyers are being hired to put these deals together. Based on this snapshot view, I expect to see international transactions skyrocket as investor confidence and flexible credit terms … [Read more...]
Hong Kong to Remain International Arbitration Hub in Asia
On a recent trip to Hong Kong, I noted several newly built skyscrapers filling up the remaining voids of the city’s skyline. From my perspective sitting in the Felix restaurant, perched atop a high rise on the other side of Victoria Harbor, it was easy to see how global economic and financial activity had shifted from west to east, especially to markets connected to … [Read more...]