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Continuing the Australian article round-up, readers may be interested in the following two articles raising points about arbitration: Andrew Bell, ‘Dispute Resolution and Applicable Law Clauses in International Sports Arbitration’ (2010) 84 Australian Law Journal 116: Choice of law clauses and jurisdiction or arbitration agreements play a critical role in international commerce. They also play […]
Uganda Telecom Ltd v Hi-Tech Telecom Pty Ltd
This post has been written by Miguel Gómez Jene, Senior Lecturer of Private International Law at the UNED (Universidad Nacional de Educación a Distancia) On May 21st, the Spanish official Gazette (www.boe.es) published the reform of the Arbitration Act. This Act amends certain provisions concerning the Arbitration legislation (2003). From the point of view of international […]
In Sojitz Corp. v. Prithvi Information Solutions Ltd, the New York Supreme Court (ie an intermediate appellate court) recently agreed to grant a pre-award attachment in aid of an arbitration with a foreign seat (Singapore) and between two foreign parties over which NY courts did not have personal jurisdiction. In 1982, the New York Court of Appeals (ie the supreme court in the […]
Martin Illmer (Max Planck Institute for Comparative and PIL) has posted Brussels I and Arbitration Revisited – The European Commission’s Proposal COM(2010) 748 final on SSRN. The abstract reads:
In December 2010, the European Commission presented its long-awaited proposal for a reformed Brussels I Regulation. One of the cornerstones of the proposal is the interface between the Regulation and arbitration. In the first part, the article sets out the development of the exclusion of arbitration from the Regulation’s scope up to the West Tankers and National Navigation cases. In the second, main part, the author, who is a member of the Commission’s Expert Group on the arbitration interface, provides a detailed account and evaluation of the new lis pendens-mechanism established by the Commission proposal in order to effectively prevent parallel proceedings in the arbitration context. In the third, final part, the author scrutinizes the Commission proposal against the background of the Commission’s Impact Assessment before concluding with a short resumé.
The paper is forthcoming in the Rabels Zeitschrift für Ausländisches und Internationales Privatrecht.
I am pleased to pass on the following call for papers for an excellent conference to be held October 21, 2011 at the University of Missouri School of Law. Please contact Professor Strong at the information below with any questions. —————– CALL FOR PAPERS AND PROPOSALS Gary Born will give the keynote address at a […]
An International Academy for Arbitration Law will be launched in Paris in July 2011. The Academy is an initiative of the French Arbitration Committee (Comité Français de l’Arbitrage (CFA)) and is presided by Professor Emmanuel Gaillard. The Board of Directors is composed of the Academy’s President, Alexandre Hory and Yas Banifatemi as co- Secretary Generals, […]
A new law of arbitration was adopted yesterday in France. The Décret n° 2011-48 of 13 January 2011 portant réforme de l’arbitrage amends the French Code of Civil Procedure accordingly. The old provisions of the Code on arbitration dated back to 1980 and 1981. The reform is concerned with both domestic and international arbitration. The new […]
Further to my
On June 28th, the Committee on Legal Affairs of the European Parliament issued a report on the Implementation and Review of Regulation 44/2001. On the exclusion of arbitration from the scope of the Regulation, the Committee expressed the following view: Whereas the various national procedural devices developed to protect arbitral jurisdiction (anti-suit injunctions so long […]