“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...]