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Fox Rothschild’s Attorneys Publish Law360 Article On Recent ICDR Updates

April 19, 2021

Erika Levin, Oksana Wright and Michael Lieberman discuss, in a Law360 article, new Article 21 of the 2021 ICDR Rules, which specifically reinforces the tribunal’s authority to rule on its own jurisdiction without the involvement of the courts.…

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Revised ICDR 2021 Rules Are Now In Effect

By Oksana G. Wright, Sarah B. Biser & Craig R. Tractenberg

March 29, 2021

Like some other international arbitration institutions, the International Centre for Dispute Resolution (“ICDR”) recently adopted amendments to its International Dispute Resolution Procedures (the “2021 ICDR Rules”). The ICDR’s amendment became effective on March 1, 2021. The amendments, according to the ICDR, aim to “promote greater efficiency and economy by addressing the early disposition of issues, emphasizing the use of mediation, and expanding the applicability of the expedited procedures. Importantly, the rules also place an increased…

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U.S. Supreme Court Agrees to Review Whether Federal Courts Can Order Discovery in Aid of Private International Arbitrations under 28 U.S.C. 1782(a)

By Oksana G. Wright, Sarah B. Biser & Craig R. Tractenberg

March 23, 2021

In our recent post, we discussed the split in the federal appeals courts over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), which authorizes U.S. district courts to provide assistance to foreign or international tribunals by ordering discovery of persons in the district. On March 22, 2021, the U.S. Supreme Court agreed to decide the issue by accepting a petition for certiorari to…

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Israel Becomes Third Signatory To 2019 HCCH Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters

By Oksana G. Wright, Sarah B. Biser & Craig R. Tractenberg

March 15, 2021

On March 3, 2021, Israel signed the HCCH Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“2019 Convention”). Israel became the third State to sign the Convention, joining Uruguay and Ukraine. The Hague Conference on Private International Law adopted the Convention to provide a uniform process to HCCH member states for enforcing civil judgments in other countries throughout the world. The convention provides that contracting states…

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Florida Federal Court to Examine Issues of Alleged Arbitrator Conflicts of Interests in Panama Canal Case

By Oksana G. Wright, Sarah B. Biser & Craig R. Tractenberg

March 15, 2021

The parties in a $238-million dispute over the construction of the third set of locks for the Panama Canal is raising issues concerning alleged conflicts of interest on the part of the International Chamber of Commerce (“ICC”) arbitrators in the United States District Court for the Southern District of Florida.[1] The case may resolve rarely litigated issues concerning whether arbitrators who sit on multiple arbitration panels together or who support appointment of each other…

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Uncertainty Continues Over Whether Federal Courts Can Order Discovery in Aid of International Arbitrations

By Oksana G. Wright, Sarah B. Biser & Craig R. Tractenberg

March 11, 2021

As we have discussed in previous posts, federal appeals courts in the United States are split over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), which authorizes U.S. district courts to provide assistance to foreign or international tribunals by ordering discovery of persons in the district. In a very recent case, the United States District Court for the District of Columbia recognized this…

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2021 ICC Rules Update Aims At Greater Efficiency, Flexibility, And Transparency and Addresses COVID-19 Issues

By Oksana G. Wright, Sarah B. Biser & Craig R. Tractenberg

December 2, 2020

The leading international arbitration institutions, including the London Court of International Arbitration (“LCIA”) and the International Court of Arbitration (“ICC”), are revising their arbitration rules to improve efficiency, flexibility and transparency, and address challenges and concerns related to the COVID-19 pandemic. In a previous post, we discussed LCIA’s updates to its arbitration and mediation rules, which came in effect on October 1, 2020. The ICC has issued similar updates to its 2017 Arbitration Rules, which…

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Sarah Biser Moderates Webinar – “From Trade to Tourism: Israel and the UAE are Open for Business”

By Sarah B. Biser

November 1, 2020

Sarah Biser moderated a webinar roundtable discussion on how to conduct business in the UAE and Israel – now that the Abrahams Accords have made possible trade and commerce between Israel and the UAE. The roundtable discussion, held on October 28, 2020, included Sarah Biser and Mark Hess of Fox Rothschild, Uzi Dayan, Member of the Knesset; Charles Laubach, Partner at Afridi & Angell Legal Consultants (Dubai, UAE); Omar Al Busaidy, Fulbright Scholar, MICE International…

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Sarah Biser to Discuss The Challenges of Virtual Hearings and How to Prepare and Conduct a Virtual Hearing

By Sarah B. Biser

November 1, 2020

Join Sarah Biser, and other arbitration practitioners for a virtual discussion regarding the challenges of virtual hearings including preparation for virtual mediations and arbitrations – sponsored by the American Bar Association, Section of Litigation and Ankura. The Webinar will be broadcast live on November 5, 2020 at 12 pm. Please register at this link https://us02web.zoom.us/webinar/register/8216025154109/WN_hG0erzLwQJyUvgcvWcxN_w …

Global Dispute Resolution Insights

The Importance of Arbitrator Impartiality and Lack of Conflicts of Interest

By Sarah B. Biser, Craig R. Tractenberg & Oksana G. Wright

November 1, 2020

Arbitration awards may be vacated or annulled based on arbitrator conflicts of interest and even just an appearance of impropriety. Read how different arbitrations deal with disqualification motions. The Importance of Impartiality and Lack of Conflicts Arbitrator’s impartiality and independence is the bedrock of international arbitration. Recent arbitration awards have been vacated or annulled due to arbitrator conflicts of interest or even mere appearances of impropriety. Parties may waive such conflicts, however, if the parties…

Global Dispute Resolution Insights

Blog Authors

Fox Rothschild’s Attorneys Publish Law360 Article On Recent ICDR Updates

Revised ICDR 2021 Rules Are Now In Effect

U.S. Supreme Court Agrees to Review Whether Federal Courts Can Order Discovery in Aid of Private International Arbitrations under 28 U.S.C. 1782(a)

Israel Becomes Third Signatory To 2019 HCCH Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters

Florida Federal Court to Examine Issues of Alleged Arbitrator Conflicts of Interests in Panama Canal Case

Uncertainty Continues Over Whether Federal Courts Can Order Discovery in Aid of International Arbitrations

2021 ICC Rules Update Aims At Greater Efficiency, Flexibility, And Transparency and Addresses COVID-19 Issues

Sarah Biser Moderates Webinar – “From Trade to Tourism: Israel and the UAE are Open for Business”

Sarah Biser to Discuss The Challenges of Virtual Hearings and How to Prepare and Conduct a Virtual Hearing

The Importance of Arbitrator Impartiality and Lack of Conflicts of Interest

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