International arbitration report

Global Publication Июнь 2021

Welcome to issue 16 of Norton Rose Fulbright’s International Arbitration Report.

In this issue, we cover a broad spectrum of ‘hot button issues’ for boards and companies operating internationally.  

With the COVID-19 pandemic continuing to shine a spotlight on supply chains, we look at how to avoid, mitigate and resolve supply chain disputes. We also offer practical “Top 10 tips” for drafting arbitration agreements and explain how a well-drafted clause will mitigate the risk of cross-border disputes. 

The Energy Transition remains a top priority for companies across all industries, presenting both opportunities and risks. We continue our series of articles exploring these issues, with a new analysis of renewable energy project disputes and a new article offering insights into the nature of climate change and sustainability disputes and examples of such disputes that have been referred to arbitration.  

On a related topic, and continuing our series on Investor-State Dispute Settlement (ISDS), we look at joint venture disputes between investors and states and how to mitigate the risks when transacting with states and state-owned entities.

We also cover the hot topic of group, class and collective arbitration, exploring recent developments in the U.S. commercial arbitration and investor-state arbitration contexts. 

In our practice section, we are delighted to be joined by by LCIA Registrar Eliana Tornese, who shares her insights on what it is like to work as a Registrar at a major arbitral institution in “A day in the life of a Registrar”. We offer an opinion piece on arbitrator conduct in international arbitration, as well as succinct updates on recently revised rules of arbitration including the ICC, ICDR and ACICA Rules; all of which have revisions aimed at increasing the efficiency and effectiveness of arbitration and modernising the institutional response to new and developing issues being experienced by arbitral participants.

Last but not least, in our case law updates, we cover recent jurisprudence on how to recover costs of enforcement and interest when confirming arbitral awards in the U.S., and provide a succinct round-up of a number of other recent UK and U.S. arbitration-related court decisions.

Contents

Q&A with LCIA Registrar
“A day in the life of a Registrar”

Supply chain disputes
Avoidance, mitigation and resolution

Renewable energy project disputes
Navigating the dark side of the energy transition

Resolving joint venture disputes between investors and states
Important protections provided by investment treaties

Top 10 tips for drafting arbitration agreements
A well-drafted clause will mitigate disputes risk

Insta-fail – waiving goodbye to arbitration
Lessons from a recent Australian court decision on an online arbitration clause

Recovering costs of enforcement and interest
You won the arbitration, but can you also win interest and costs of confirming?

Arbitrator conduct in international arbitration
Lessons learned from the Sun Yang case 

Recent amendments to ICDR and ACICA rules
Increasing the efficiency and effectiveness of arbitration and modernising the institutional response

Revised ICC Arbitration Rules
What changed when the revised ICC Rules came into force on January 1, 2021?

Recent key U.S. decisions
Update on international arbitration law in the U.S.

Recent key UK decisions   
Update on international arbitration law in the UK

Group, class and collective arbitration
Recent developments in the U.S. commercial arbitration and investor-state arbitration contexts

What are climate change and sustainability disputes?  
Key arbitration examples (Part 1 contractual disputes)

 
 

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