International arbitration report

May 2016 - Issue 6

Global Publication May 2016

Welcome to issue 6 of Norton Rose Fulbright’s International arbitration report.

In this issue, we provide an overview of the investment provisions of the Trans-Pacific Partnership, including its dispute settlement mechanisms, and discuss the early days of the Hague Convention on Choice of Court Agreements. We have practical guides to the English law of privilege, and on the treatment of the principles of res judicata and issue estoppel in arbitration.

We interview Richard Naimark, Senior Vice President at ICDR, discuss the establishment of a speciality court in Atlanta for arbitration matters, and explore the opening of foreign arbitral institutions in China. Case law updates discuss the ‘Ten Commandments’ for the enforcement of arbitration awards set out by the Hong Kong Court of First Instance in KB v S; the Federal Court of Australia’s dismissal of a challenge to the appointment of arbitrators in Sino Dragon Trading Ltd v Noble Resources International Pte Ltd; the Swiss Supreme Court’s treatment of using the ‘group of companies’ doctrine to extend an arbitration agreement; and the tribunal’s decision to decline jurisdiction in the treaty case of Philip Morris v Australia.

Following up from our series on mediation, this issue features a Q&A on the use of ‘med-arb’ procedure, and an overview of the developments for the enforcement of international mediated settlement agreements.

Download now: International arbitration report Issue 6 - May 2016


 Q&A with Richard Naimark - Norton Rose Fulbright   The Trans-Pacific Partnership Agreement - Norton Rose Fulbright

 Philip Morris Asia v Australia - Norton Rose Fulbright   Enforcement of mediated settlement agreements - Norton Rose Fulbright

 The med-arb Q&A - Norton Rose Fulbright   The Hague Convention on Choice of Court Agreements - Norton Rose Fulbright

 Hong Kong - Ten enforcement principles - Norton Rose Fulbright   Non-signatories to arbitration agreements - Norton Rose Fulbright

 Res judicata and issue estoppel in arbitration - Norton Rose Fulbright   Federal Court of Australia - Norton Rose Fulbright

 Privilege under English law - Norton Rose Fulbright   Arbitration hub in the United States - Norton Rose Fulbright

 Best practice in China - Norton Rose Fulbright  White


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