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Commercial Arbitration

Two new rulings on US discovery

Two new rulings on US discovery

28 October 2019

Mitchell Hurley, John Murphy and Justin Williams of Akin Gump consider two recent rulings by US circuit courts that have swept aside assumptions about the availability of US discovery in aid of international arbitrations and in respect of documents held outside the US.

French court upholds annulment over law firm conflict

French court upholds annulment over law firm conflict

25 October 2019

UPDATED: France’s Court of Cassation has refused to reinstate an ICC award in favour of Audi Volkswagen that was set aside because of a German arbitrator’s failure to disclose work undertaken by his law firm for the carmaker’s affiliate while the arbitration was pending.

Pharma antitrust dispute ‘must be arbitrated’, says US court

Pharma antitrust dispute ‘must be arbitrated’, says US court

25 October 2019

A US appeals court has upheld its ruling that an antitrust class action against US pharmaceutical conglomerate Johnson & Johnson over an alleged anticompetitive scheme to protect billion-dollar sales of an autoimmune drug must be arbitrated.

Arbitrators must disclose stakes in arbitral bodies, says US appeals court

Arbitrators must disclose stakes in arbitral bodies, says US appeals court

24 October 2019

A US appeals court has vacated a sole arbitrator’s award on the basis that he failed to disclose his ownership interest in the arbitral institution that administered the dispute – a precedent that a dissenting judge warns is likely to generate “endless litigation” in other cases.

No Singapore seat for Chinese dispute, rules appeal court

No Singapore seat for Chinese dispute, rules appeal court

22 October 2019

The Singapore Court of Appeal has quashed a ruling that affirmed a SIAC tribunal’s jurisdiction to hear a case under a clause providing for “arbitration in Shanghai” – concluding that the Chinese city was clearly intended as the seat for the dispute.

Barrick settles tax dispute with Tanzania

Barrick settles tax dispute with Tanzania

22 October 2019

Canadian mining company Barrick Gold has agreed to pay US$300 million and accept new concession terms to settle a dispute between its UK subsidiary and Tanzania which had led to two UNCITRAL arbitrations, the threat of an investment treaty claim and criminal proceedings.

Deutsche Bank wins injunction in Mexican asset sale dispute

Deutsche Bank wins injunction in Mexican asset sale dispute

21 October 2019

A US court has granted Deutsche Bank an anti-suit injunction in aid of an ICC arbitration over a failed US$175 million asset sale in Mexico, days after an emergency arbitrator denied the counterparty’s request for interim relief.

Malaysian group’s DIAC award upheld in Abu Dhabi

Malaysian group’s DIAC award upheld in Abu Dhabi

17 October 2019

An Abu Dhabi company has failed to revive a DIAC claim against the engineering arm of Malaysian conglomerate Sime Darby over its decision to withdraw bids for seven oil and gas projects in the United Arab Emirates.

Spanish Constitutional Court to consider judicial scrutiny of awards

Spanish Constitutional Court to consider judicial scrutiny of awards

16 October 2019

The Constitutional Court of Spain will have a chance to consider the permissible level of judicial scrutiny of arbitral awards – in a €600 million inheritance battle between relatives of a prominent deceased aristocrat.

Vienna panel hears dispute over Slovakian road project

Vienna panel hears dispute over Slovakian road project

11 October 2019

A Vienna-seated ICC tribunal is hearing a claim brought against Slovakia over delays in the issuance of permits for a €1.7 billion road construction project.