International arbitration report

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&A 
Interview with Andrea Carlevaris, Secretary General of the ICC International Court of Arbitration

Avoiding a punitive damage award in arbitration
A lesson from the Flintlock case

South Africa's changing approach to investment protection
What does it mean for investors?

Mediation II
Preparing for an international mediation

Modernizing Dutch arbitration law
An overview

P.R.I.M.E Finance
Resolving complex derivatives disputes since 2012

The Longlide decision
PRC courts uphold validity of an ICC arbitration in China

India anticipates new arbitration laws
Another positive sign for those looking at business opportunities in India

Bancec applied
Piercing the “corporate veil” between a sovereign and its agencies and instrumentalities

Funding arbitration
An English perspective

Launch of the Singapore International Commercial Court
Singapore’s latest offering for dispute resolution