Work Area: Commercial arbitration

Rio Tinto gas price review claim not time-barred

An Australian court has ruled that Rio Tinto mining entities can pursue a price review claim against a Chevron consortium, finding that a time stipulation in their gas sale agreement was not essential.

24 September 2020

US court split on discovery scope deepens

A US appeals court has refused to allow an electronics supplier to obtain evidence for use in a UK-seated arbitration – deepening a divide in the country’s courts on whether they can grant discovery in aid of foreign commercial arbitrations.

23 September 2020

Leonardo wins fight over superbug laser treatment

A subsidiary of Italian defence contractor Leonardo has prevailed in a US$225 million ICDR dispute concerning a halted project to use laser technology to combat nasal superbugs.

23 September 2020

Angolan state entity wins Dutch asset freeze

A Dutch court has frozen assets controlled by the husband of embattled Angolan billionaire Isabel dos Santos in support of two arbitrations over a share purchase that is the subject of a criminal investigation for alleged money laundering and embezzlement.

22 September 2020

Russian software group denied discovery in Delaware

A Delaware court has refused a Russian software group’s bid for discovery from the private equity arm of JPMorgan Chase for use in a pair of LCIA arbitrations worth at least US$65 million, ruling that commercial arbitrations are not eligible for such relief.

21 September 2020

US targets Clyde & Co award funds

The US Department of Justice is attempting to seize the proceeds of an arbitral award held by Clyde & Co that Malaysian authorities say can be traced to the 1MDB corruption scandal.

17 September 2020

Chinese court upholds “SIAC in Shanghai” clause

A Shanghai court has upheld the validity of a clause providing for SIAC arbitration “in Shanghai” – confirming that foreign arbitral institutions are not prohibited from conducting arbitrations on the mainland.

14 September 2020

Novartis sees off ICC claim over pain relief drug

A US subsidiary of Swiss pharmaceuticals group Novartis has defeated a US$82 million ICC claim brought by a former Japanese partner over its decision to discontinue development of a pain relief drug.

11 September 2020

An update on UNCITRAL's work on expedited rules and ISDS reform

The 2020 Virtual ITA-ASIL Conference took the form of an interview with UNCITRAL legal officer Corinne Montineri about the progress of Working Groups II and III in developing expedited arbitration rules and reforms to investor-state dispute settlement. Lucy Winnington-Ingram of Reed Smith in London reports.

11 September 2020

Atlanta panel throws out claim over aircraft tech

An Atlanta-seated tribunal has dismissed a US$93 million claim brought against a jet aircraft maker by a family-owned developer of laser-based air data systems.

10 September 2020

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