On 4 December 2013, the International Chamber of Commerce (ICC) published its new Mediation Rules, which come into effect on 1 January 2014. These Rules replace the ICC’s current Amicable Dispute Resolution (ADR) Rules, which have been in force since 1 July 2001. They are available on the ICC’s website, at https://iccwbo.org/products-and-services/arbitration-and-adr/mediation/rules/. The change in name (from […]
International Arbitration And Discovery In The U.S. (Section 1782)
U.S. discovery traces its roots to the 1789 Judiciary Act, which legal historians generally view as a poorly-drafted and poorly-conceived piece of legislation. One of the worst aspects of U.S. litigation, and there are many, is its ridiculous discovery rules, which can result in far more work than the underlying issues in a given dispute […]
The Enforceability of Kurdistan Petrol Sharing Agreements
The governing law of the standard Kurdistan Petrol Sharing Agreements (“PSA’s”) is English Law, and they call for any dispute arising out of the PSA to be resolved through the London Court of International Arbitration (“LCIA”) in accordance with the LCIA Rules. Yet, given that Iraq is not yet a full signatory to the Convention […]
Eli Lilly’s Notice Of Arbitration Under The NAFTA
U.S. drug company Eli Lilly has escalated a $500-million patent dispute with the federal government and filed a notice of arbitration under the North American Free Trade Agreement. The company is demanding compensation for court decisions that invalidated its patents for Strattera, a treatment for attention-deficit/hyperactivity disorder, and for Zyprexa, which is used for the […]
Choosing Arbitrators
It is sometimes argued that arbitration is only as good as the arbitrator, and that defects in international arbitration may be attributed to poor arbitrators. While this oversimplifies a complex issue, choosing the right arbitrator is one of the most critical steps in any arbitration. Unless a specific arbitrator is specified in the arbitration clause, […]