Recent Posts

April 08, 2010

Chevron-Texaco v. Ecuador: A Partial Report on the Partial Award on the Merits

Readers of Arbitration Commentaries may generally rely upon its principal author to read cases from beginning to end before reporting upon them in this corner of Cyberspace. But whereas the Arbitral Tribunal in Chevron-Texaco v. Republic of Ecuador has seen fit to deliver a Partial Award on the Merits that runs to 265 pages, it is hoped that you will gratefully receive this interim report (based upon reading up to page 134 of the Partial Award) together with a promise that there will be more to come.( Here is a link to the full text of the Partial Award: http://ita.law.uvic.ca/documents/ChevronTexacoEcuadorPartialAward.PDF)…
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April 05, 2010

Article VI of the New York Convention: Discretion to Suspend or Proceed With Enforcement During Set-Aside Proceedings Abroad

I briefly note here two recent cases in the federal district court in Washington, D.C., in which the judges refused to grant foreign governments stays of enforcement of awards against them, under Article VI of the New York Convention, based on proceedings pending in foreign courts to set aside the awards. (G.E. Transport S.P.A. v. Republic of Albania, 2010 U.S. Dist. LEXIS 24180 (D.D.C. Mar. 16, 2010); Continental Transfert Technique Ltd. v. Federal Government of Nigeria, 2010 U.S. Dist. LEXIS 27336 (D.D.C. Mar. 23, 2010). Each decision relies upon the leading U.S. case elaborating standards governing the exercise of discretion…
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April 05, 2010

An Aside: Introducing The Counsel Culture Corner

Dear Readers: At my general website, I have introduced a new dimension entitled Counsel Culture Corner. There you will find current listings for the performing arts and artists’ exhibitions in leading arbitral venues — at this time New York, Paris, London, Hong Kong and Toronto. These pages also contain links to key arbitral resources of each jurisdiction –generally the governing arbitration statutes and the websites of the leading international arbitral institutions situated in those venues. You are invited to visit Counsel Culture Corner…. and to submit your recommendations for updates to the listings! Warm regards. Marc Goldstein

April 05, 2010

FINRA Arbitration and the US Financial Crisis

Dear Readers: At my general website, you will find commentaries on two recent federal court cases involving efforts by offshore hedge funds to use the arbitration mechanism of the Financial Institutions Regulatory Authority (FINRA) to recover losses sustained on credit default swaps. To reach the website, click on the link at the bottom of this window. Warm wishes. Marc Goldstein

March 29, 2010

The Arbitrator’s Instinct for Confidentiality of the Proceedings

Practitioners and arbitrators in both commercial and investment arbitrations may profit from studying the thorough and sensitive treatment of confidentiality found in a procedural order issued January 27, 2010 in an ICSID arbitration arising under the BIT between Italy and Argentina. (G Beccara et al v. Argentine Republic, ICSID Case No. ARB/07/5, Procedural Order of 1/27/10, published on ICSID website) The order deals with confidentiality on several levels. The first and perhaps most generally applicable category concerns public discussion of the case during the course of the proceedings. Here the Tribunal’s approach implicitly recognizes a point to which experienced advocates…
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March 24, 2010

In New York, A New Anti-Suit Injunction In Aid of International Arbitration

Yesterday a federal judge in New York granted an anti-suit injunction, in aid of arbitration, barring Indian corporate entities from continuing litigation in India over arbitrable disputes with a U.S. company — litigation in which the Indian parties have already obtained ex parte orders enjoining the U.S. party from continuing with pending ICDR arbitration in New York. (Amaprop Ltd. v. Indiabulls Financial Servs. Ltd., 2010 U.S. Dist. LEXIS 27117 (S.D.N.Y. Mar. 23, 2010)). The arbitration community should be encouraged by the swift and decisive support for international arbitration from the U.S. District Court in Manhattan. But the Court’s anti-suit injunction,…
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