In an important decision upholding the finality of awards and party autonomy in international commercial arbitration, a divided three-member panel of the U.S. Court of Appeals for the Tenth Circuit…
The issue of the governing law of the arbitration agreement was brought into the spotlight with the U.K. Supreme Court decision in Enka v. Chubb (discussed on the Blog here and here), and it became a…
Historical records indicate that Tuesday, 10 June 1958 must have been a busy day in the corridors of the United Nations. On that day, following the diplomatic conference which had taken place in May…
Cyprus is a hub for international business transactions and tax structures. It is also a place where the assets of numerous multinational corporations and businesses are maintained. As such, it is a…
The United Arab Emirates (“UAE”) adhered to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention (“New York Convention”) in 2006…
Over the last few years, the courts in Qatar have been criticized from the arbitration community for having issued several rulings setting aside both domestic and foreign arbitral awards on public…
In CLMS Mgmt. Servs. et al. v. Amwins Brokerage et al., the U.S. Court of Appeals for the Ninth Circuit considered whether a state law (by operation of the federal McCarran-Ferguson Act, which gives…
In a series of recent posts (Part I, Part II and Part III), I argued that states should not ratify the Hague Choice of Court Agreements Convention (“Convention”) and, if they had already done so,…
This post continues from Part I.
Party Autonomy and Consent: How the Convention Undermines Them
My previous posts argued that the Convention undermines vital protections that existing law provides…
