In a partial award, the arbitrators Elie Kleiman, Pierre Mayer, and Nicolas Molfessis ruled that a USD 2.2 billion deal it signed with ArcelorMittal could be terminated on the ground of a material breach by ArcelorMittal. ArcelorMittal’s counterclaim for the renegotiation of the contracts also failed. Senegal is now seeking USD 750 million in damages from […]
UK Supreme Court Again Considers Anti-Suit Injunctions
UK SUPREME COURT AGAIN CONSIDERS ANTI-SUIT INJUNCTIONS Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP [2013] UKSC 35 In a decision in Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP [2013] UKSC 35, handed down on 12 June 2013, the Supreme Court considered whether the English courts had jurisdiction to issue […]
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 […]