International arbitration report

Publication | April 2015 - issue 4

IAR

Welcome to issue 4 of Norton Rose Fulbright’s International arbitration report.

In this issue, we speak to Andrea Carlevaris, Secretary General of the ICC International Court of Arbitration, about the challenges of his role and the importance of developing a global presence as an arbitral institution. The second instalment of our series on mediation provides guidance on how to prepare for and conduct a mediation. We also include a helpful introduction to P.R.I.M.E. Finance and its arbitration rules. In light of the increasing use of third-party funding in arbitration and the publicity which it has attracted, we discuss the current English perspective on third-party funding.

We provide an overview of amendments to Dutch and Indian arbitration legislation, as well as a discussion of South Africa’s changing approach to investment protection. We highlight key features of the recently launched Singapore International Commercial Court, which has attracted significant interest from the international arbitration community.

Case law updates from the US include recent judicial developments on the seminal case First National City Bank v Banco Para el Comercio Exterior de Cuba, relating to when a government will be jointly liable with its instrumentality under the US Foreign Sovereign Immunity Act, and a discussion of the recent decision in Flintlock Construction Services, LLC v Weiss, which provides guidance on how to avoid a punitive damages award in an arbitration governed by New York law. We also feature an analysis of the recent Longlide case from People’s Republic of China, in which the Chinese courts have upheld the validity of an arbitration agreement providing for ICC administered arbitration in China.

Contents

The Q and A Avoiding a punitive damage award in arbitration

South Africa’s changing approach to investment protection Mediation II

Modernizing Dutch arbitration law P.R.I.M.E. Finance

The Longlide decision India anticipates new arbitration laws

Bancec applied Funding arbitration

Launch of the Singapore International Commercial CourtWhite


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