The Cour de cassation’s (the French supreme court) recent ruling could be positive news for litigants lacking the resources to pay the ICC’s advance on costs. Pirelli (Italy) brought arbitration proceedings against Licensing Projects (Spain) (LP) over a trade mark dispute in 2007. Later that year, a Spanish court placed LP into a formal insolvency […]
2013 Corporate Counsel Survey on Arbitration
PWC’s 2013 corporate counsel survey has some interesting insights concerning the state of arbitration today. It is available here: Corporate Counsel Survey Regarding Arbitration The primary findings include: – Businesses continue to show a preference for using arbitration over litigation for transnational disputes, although concerns remain about the costs of arbitration. – The survey confirms that arbitration is more popular in […]
The Enforcement of International Arbitration Awards in New York
Sylvana Sinha’s recent article provides a very good explanation of current US jurisprudence concerning the recognition and enforcement of arbitral awards in New York, where many foreign arbitral awards are in practice enforced in the US. It analyzes the current judicial interpretation of the common law doctrine forum non conveniens, as well as the possibility of enforcement […]
Recent Survey on International Arbitration and Mediation Is Mixed, but Does Not Have to Be
A recent survey of corporate counsel for Fortune 1,000 companies, undertaken by Cornell and Pepperdine, paints a mixed picture of the health of international arbitration and mediation. Although the approach of general counsel at large companies to conflict management is anything but consistent, it is typically based on the issue of how to control costs […]
Transparency in International Arbitration
There have been calls for more transparency with respect to international arbitration, which remains poorly understood by the public at large. For an example of such a misunderstanding, one need look no further than the recent French police raids on the homes of three highly-distinguished arbitrators, Denis Bredin, Pierre Estoup and Pierre Mazeaud, in reaction […]