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Allocation of costs joint order in Canfor v USA applies 'loser pays' rule in investment treaty arbitration

  • Herbert Smith Freehills LLP
  • -
  • Canada, USA
  • -
  • October 26 2007

As a result of the wide discretion given to tribunals under both the ICSID and the UNCITRAL rules, there are no precise principles governing the allocation of costs incurred during investment treaty arbitrations

Landmark Supreme Court decision awaited on parties' agreements to expand grounds for judicial review of awards

  • Herbert Smith Freehills LLP
  • -
  • USA
  • -
  • February 5 2008

A landmark decision is awaited in the US Supreme Court case of Hall Street v Mattel

Landmark Supreme Court decision prevents expansion of judicial review by agreement

  • Herbert Smith Freehills LLP
  • -
  • USA
  • -
  • May 9 2008

The US Supreme Court has delivered its long-awaited ruling in Hall Street Associates v Mattel, holding that parties are not at liberty under US law to agree to extend the scope of judicial review of arbitration awards beyond the grounds specified in the US Federal Arbitration Act

The US Supreme Court decides BG v Argentina right place, wrong road?

  • Herbert Smith Freehills LLP
  • -
  • USA
  • -
  • March 14 2014

In a 7-2 majority decision on 5 March 2014, the United States Supreme Court has reinstated BG Group (BG)'s US$185 million arbitral award against

Sharing it with the class a review of recent US Supreme Court decisions on class action arbitration

  • Herbert Smith Freehills LLP
  • -
  • USA
  • -
  • August 27 2013

The US Supreme Court recently issued two key decisions regarding the enforceability of class arbitration waivers and arbitrators' powers to interpret

Supreme Court limits ability to pursue class arbitration without specific agreement

  • Herbert Smith Freehills LLP
  • -
  • USA
  • -
  • June 7 2010

In a recent landmark class action case in the US, AnimalFeeds brought a class action antitrust suit against Stolt-Nielson

General counsel update

  • Herbert Smith Freehills LLP
  • -
  • China, European Union, Germany, Hong Kong, Indonesia, Mongolia, Singapore, United Kingdom, USA
  • -
  • July 11 2012

This is the thirtieth in our series of general counsel updates which aim to summarise major developments in key areas

Broad US discovery ordered in support of a foreign-seated arbitration: Eleventh Circuit holds that a private commercial arbitral tribunal is a “foreign tribunal” for the purposes of 1782 discovery

  • Herbert Smith Freehills LLP
  • -
  • Ecuador, USA
  • -
  • July 11 2012

In the recent case of In re Consorcio Ecuatoriano de Telecomunicaciones S.A., v. JAS Forwarding (USA), Inc., Case No. 11-12897, 2012 WL 2369166 (11th Cir. June 25, 2012), the Eleventh Circuit held that private commercial arbitral tribunals fall within the scope of 28 U.S.C. 1782 and ordered 1782 discovery in relation to a domestic private commercial arbitration in Ecuador

General counsel update September 2014

  • Herbert Smith Freehills LLP
  • -
  • Australia, China, European Union, Hong Kong, Russia, United Kingdom, USA
  • -
  • September 29 2014

The London Court of International Arbitration (LCIA) Court's new rules come into force on 1 October 2014 and are to apply to any arbitration

Mandatory mediation pilot proposed for New York State Court

  • Herbert Smith Freehills LLP
  • -
  • USA
  • -
  • March 26 2014

An advisory committee has recommended that the New York Supreme Court (the state Court of First Instance located in Manhattan) adopt a pilot