Arbitration World

Welcome to the 34th Edition of K&L Gates’ Arbitration World

To view Arbitration World, click here.

FROM THE EDITORS:
Welcome to this 34th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and in-house counsel with responsibility for dispute resolution.

In this edition, we consider the current landscape for international investment treaty arbitration against the backdrop of the election of President Trump in the United States, and the latest developments in the European Union, including ‘Brexit’.

We examine the procedures for early disposal of claims/defences recently introduced in some rules of arbitration, and the potential pros and cons of such procedures. We review the new rules of arbitration of the Stockholm Chamber of Commerce (SCC), launched in January, which are amongst the new rules which include provision for summary determination of claims/defences. We also examine the increasing use of the U.S. district courts’ power under 28 U.S.C. § 1782 to order the provision of information or documents for use in arbitration proceedings outside of the United States, with particular reference to recent cases in New York.

We review the proposed new legislation in Hong Kong permitting third-party funding for arbitration, and provide an introduction to maritime arbitration in Tokyo under the Japan Shipping Exchange’s TOMAC rules.

We are delighted to include a guest contribution from Catya Simao (In-house Legal Counsel in Angola) regarding the likely effect of Angola’s recent ratification of the New York Convention and a review of other steps Angola has taken in recent years to encourage foreign investment. We consider Saudi Arabia’s recently enacted arbitration and enforcement laws and the new Saudi Center for Commercial Arbitration. We also report on a recent English court decision on whether an arbitration agreement includes assigned claims.

Additionally, we provide our usual update on developments from around the globe in international arbitration and investment treaty arbitration.

We hope you find this edition of Arbitration World of interest, and we welcome any feedback (e-mail ian.meredith@klgates.com or peter.morton@klgates.com).

In this issue:
Arbitration News from Around the World
By Ben Mackinnon (London)
Our usual survey of key recent developments in international arbitration.

World Investment Treaty Arbitration Update
By Wojciech Sadowski (Warsaw)
The latest news from the investor-state arbitration scene.

Early Dismissal of Claims / Defenses in International Arbitration: the beginning of a shift in practice?
By Martin Gusy, Matthew Weldon and Priya Chadha (New York)
An examination of the procedures for early disposal of claims/defences recently introduced in some rules of arbitration, and the potential pros and cons of such procedures.

The Foreign Investment Protection Puzzle
By Wojciech Sadowski and Patrycja Treder (Warsaw)
Consideration of the current landscape for international investment treaty arbitration against the backdrop of the election of President Trump in the United States, and the latest developments in the European Union, including ‘Brexit’.

An Additional Cost of Doing Business in New York: Third-Party Discovery Risks Under Section 1782
By Carolyn Branthoover (Pittsburgh) and Tara Pehush (New York)
An examination of the increasing use of the U.S. district courts’ power under 28 U.S.C. § 1782 to order the provision of information or documents for use in arbitration proceedings outside of the United States, with particular reference to recent cases in New York.

Third Party Funding of Arbitration in Hong Kong
By Sacha Cheong and Dominic Lau (Hong Kong)
A review of the proposed new legislation in Hong Kong permitting third-party funding for arbitration.

Stockholm Chamber of Commerce launches new arbitration rules
By Johann von Pachelbel and Tobias Kopp (Frankfurt)
A review of the new Stockholm Chamber of Commerce (SCC) Arbitration Rules and Rules for Expedited Arbitration, launched in January of this year.

Arbitration Under the Rules of the Tokyo Maritime Arbitration Commission (TOMAC) of the Japan Shipping Exchange
By Eiji Yamahara and Kyle R. de Neve (Tokyo)
An introduction to maritime arbitration in Tokyo under the Japan Shipping Exchange’s TOMAC rules.

Angola’s Ratification of the New York Convention. What Does it Mean for Foreign Investment?
By Catya Simao (In-house counsel, Angola)
Consideration of the likely effect of Angola’s recent ratification of the New York Convention and a review of other steps Angola has taken in recent years to encourage foreign investment.

Arbitration In Saudi Arabia, And The Establishment Of The New Arbitration Centre
By Matthew Walker and Leanie van de Merwe (Doha)
Consideration of Saudi Arabia’s arbitration and enforcement laws enacted in 2012 and 2013 in light of the October 2016 launch of the Saudi Center for Commercial Arbitration and accompanying rules.

English Court Construes Arbitration Agreement to Include Assigned Claims in Continuing Anti-Suit Injunction
By John Gilbert (London)
A report on a recent English Commercial Court decision on whether an arbitration agreement includes assigned claims.