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Arbitral Control Over The Ethics of Advocacy: Thoughts

Enactment of a uniform code of ethics governing the conduct of counsel in international arbitrations is a much-discussed topic. Whether cross-cultural standard-setters such as the International Bar Association can, or should, achieve such a complex and difficult mission remains to be seen. A dimension of the problem that should not be overlooked is that counsel […]

Third Circuit Court Joins Others In Holding That Domestic Standards for Vacating Award Apply to Convention Awards Made in the US

Article (V)(1)(e) of the New York Convention provides that a Court asked to confirm a Convention award may refuse to do so on the ground that the award has been or may be set aside by a competent court of the country in which, or under the law of which, the award was made. While […]

D.C. Federal Court Rejects Investor’s Section 1782 Petition As Circumvention of ICSID Tribunal’s Powers

As the debate rages on concerning the potential use of 28 USC 1782 to secure non-party discovery for use in international commercial arbitrations, rather little attention is paid to the fact that judicial assistance under section 1782 is a matter of discretion not of right, and that federal judges may not wish to interfere with […]

New York Federal Court Sustains Nonsignatory Arbitration Rights in Pharma License Dispute

The recent decision of a US court in New York confirming, under the New York Convention, an ICDR Panel award in favor of Hoffmann La Roche (HLR), and its US subsidiary and customer, comes a good news for at least two important reasons. One concerns arbitration rights of non-signatories; the other, the recovery of legal […]

Arbitral Award Final Despite Reserved Power to Reconsider, Seventh Circuit Holds

What is the status of a purported final arbitral decision on the merits, when the arbitrator declares her decision to be “final” but also states that she reserves the right to change her mind based upon new evidence? The US Seventh Circuit Court of Appeals in a new decision held that the arbitrator’s decision in […]

Contract Formation Issues Are For Court Not Arbitrator, Federal Appeals Court Holds

The US Seventh Circuit Court of Appeals has held in a new decision that the question whether a contract containing an arbitration clause ever existed should be decided by a federal district court when it is asked to compel arbitration, and not by the arbitrator in the first instance, unless the arbitration clause indicates that […]