Investor-State Arbitration

Catherine A. Rogers, Christopher R. Drahozal, George A. Bermann and Jack J. Cole | April 12, 2017 | International Commercial and Investor-State Arbitration

At this year’s Annual Meeting, Chapter 5 (Investor-State Arbitration) of the International Commercial Arbitration project will be presented in Tentative Draft No. 5. Chapter 5 begins with an Introductory Note, depicting the landscape of investor–State arbitration as...

English Court of Appeal Clarifies Test for Abuse of Process in Subsequent Litigation Collaterally Challenging an Arbitral Award

Lord Peter Goldsmith QC, PC, Aimee-Jane Lee and Boxun Yin | March 16, 2017 | International Commercial and Investor-State Arbitration

The English Court of Appeal in Michael Wilson & Partners v. Sinclair [2017] EWCA Civ 3 has clarified that a subsequent litigation is not an abuse of process for being a collateral attack against a previous arbitral award, where the respondent to the litigation was...

Does the Show Stop For Appeal After a Court Compels Arbitration? The Federal Circuit Courts Are Split

Todd Rosenbaum | March 15, 2017 | International Commercial and Investor-State Arbitration

Under the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1 et seq., if a District Court compels arbitration of all of the claims that are before it, and thereupon dismisses the suit, its order compelling arbitration is final and appealable; but if the District Court...