Archive for the ‘international arbitration’ Category

2014 Canadian International Law Students Conference

January 28, 2014

CILSC

I am privileged to be the keynote speaker at the upcoming  2014 Canadian International Law Students Conference, jointly presented by the International Law Society of University of Toronto Faculty of Law and Osgoode Hall Law School on Saturday, 1 February 2014 from 9:30 AM to 6:00 PM (EST). Here are the event details:

Event Details

The CILSC provides a forum for law students, academics, practitioners, and leaders in the field to exchange ideas about Canada’s international and domestic performance in public and private international law. Speakers will also touch on how to begin exploring a career in this field. For speaker bios visit www.cilsc.com

The conference has a history of attracting prominent speakers involved in the practice and study of international law. This year we are featuring speakers across five panels:

Panel 1: Litigating Foreign Cases in Canadian Courts
Panel 2: International Intellectual Property Law
Panel 3: Careers in Public International Law
Panel 4: Careers in Private International Law
Panel 5: Law and the Syrian Crisis

Schedule:

9:30-9:45 Introductions
9:45-11:00: Substantive panel 1 (Public)
11:15-12:30: Substantive panel 2 (Private)
12:30-1:30: Lunch
1:30-2:30: Concurrent Career Panels
2:45-4:00 Substantive Panel (Syria)
4:00-5:30 Reception

Ticket Information:

Online Student Ticket: $12.00

In-person Student Ticket: $10.00

For in-person tickets, Osgoode students please contact cassandrastefanucci@osgoode.yorku.ca; U of T students please contact james.rendell@mail.utoronto.ca or ws.wu@mail.utoronto.ca. These tickets will be available at the door.

Professional Tickets: $75.00

Current members of the bar who attend the conference are eligible for up to 3.75 hours of CPD credits. We will provide holders of Professional Tickets materials to be submitted to the law society for CPD credits.

If you’re interested in a career in international law or want to hear about the latest international law developments from leading academics and practitioners , this is a must-attend program.

Pottow et al., “A Presumptively Better Approach to Arbitrability”

September 3, 2013

John A. E. Pottow (University of Michigan Law School), Jacob Brege and Tara J. Hawley (J.D. Candidates, University of Michigan Law School) have published “A Presumptively Better Approach to Arbitrability”, Canadian Business Law Journal, Vol. 53, No. 3, March 2013/U of Michigan Law & Econ Research Paper No. 13-012/U of Michigan Public Law Research Paper No. 339. Here’s the abstract:

One of the most complex problems in the arbitration field is the question of who decides disputes over the scope of an arbitrator’s purported authority. Courts in Canada and the United States have taken different approaches to this fundamental question of “arbitrability” that necessarily arises when one party disputes the contractual validity of the underlying “container” contract carrying the arbitration clause. If arbitration is a creature of contract, and contract is a product of consensual agreement, then any dispute that impugns the underlying consent of the parties to the container contract implicates the arbitration agreement itself (i.e., no contract, no arbitration agreement).

The U.S. approach of “separability” dates back a half-century to a Supreme Court case that was controversial when it was decided and remains so today. The Supreme Court has added several more decisions trying to clarify its arbitrability rules within just the past few years. The Canadians too have tried to sort out this mess, seizing upon the hoary legal distinction between law and fact, also offering recent Supreme Court pronouncements. Neither country’s approach is normatively or functionally satisfying.

After discussing and critiquing the two approaches comparatively, we offer our own proposal. We too deploy legal presumptions, but in our case we focus on what we contend are the two most relevant criteria: (1) the nature of the legal challenge to the underlying container contract, and (2) the type of contract at issue. Challenges to consent in contract formation and contracts involving adhesion should be specially scrutinized by the courts before carting parties off to arbitration, whereas commercial agreements between sophisticated actors should presumptively be for arbitral resolution, even for “constitutive” challenges to the underlying contract.

 A pdf copy of the paper is available for download on SSRN here.

Successfully Navigating an International Commercial Arbitration | Toronto, ON | Oct. 3/13

September 3, 2013

OBA CIArb Successfully Navigating an International Commercial Arbitration

Appadoo on “Enforcement of International Commercial Arbitral Awards: Redress Mechanisms in the Event of Non-Compliance”

May 3, 2013

Krishnee Adnarain Appadoo (University College London; The College of Law of England and Wales; Universite Paul Cezanne Aix Marseille III) has posted a working paper entitled: “Enforcement of International Commercial Arbitral Awards: Redress Mechanisms in the Event of Non-Compliance”. Here is the abstract:

International commercial arbitration and its efficiency not only depend on the recognition and enforceability of foreign arbitral awards, but also rest on a willingness by national jurisdictions to minimize the scope for challenging the validity of a duly rendered award. The author will perform an evaluation into the effectiveness of the redress mechanisms available for a party seeking to enforce a foreign arbitral award against an award-debtor seeking to challenge such an award. Furthermore, there needs to be an assessment of the role of international conventions, especially the Model Law and the New York Convention, in determining whether international comity favours enforcement or not. As to the multiplicities of legal systems as well as the problems of interpretation of the provisions of the New York Convention, it has to be determined whether national courts are best placed to solve the complexities inherent in international commercial arbitration. The author argues that to understand the multifarious aims of international commercial arbitration, there is the need to evaluate the interplay of relationships between the enforcing court and the arbitral tribunal; the supervisory courts at the seat of arbitration and the arbitral tribunal, and finally the enforcing court and the supervisory courts at the seat of arbitration. It is argued that whatever the priorities of national courts in their policy with respect to international commercial arbitration, what is sought is not merely a pro-enforcement stance, but rather a willingness to comply with one of the fundamental principles of the New York Convention which is to harmonize the enforcement and recognition of duly made foreign arbitral awards.

Download a copy of the paper at SSRN here.

 

PCA Tribunal ‘Benchslaps’ Ecuador in Ongoing Chevron-Lago Agrio Dispute

February 8, 2013

Slap-in-the-face-300x226

An interesting development in the Lago Agrio/Chevron litigation battle , which was the subject of my  Guest Post: Comments on the Lago Agrio Plaintiffs Enforcement Action in Canada at Ted Folkman’s Letters Blogatory.

Via the Juicio Crudo Blog (original in Spanish):

 An international arbitration court yesterday issued a ruling in which it concludes that the Republic of Ecuador has violated previous interim awards of the same court authorized under international law and a treaty between the United States and Ecuador to not attempt to prevent the execution of a sentence of 19,000 million against Chevron Corp. (NYSE: CVX). In previous decisions, the court warned that if the arbitration Chevron ended imposing “any loss arising from the implementation (of the judgment) would be losses for which (the Republic) would be responsible (with Chevron) under international law.”

Convened under the authority of the Bilateral Investment Treaty (BIT, according to its acronym in English) between the United States and Ecuador, and administered by the Permanent Court of Arbitration at The Hague, the tribunal found that Ecuador breached previous court rulings and ordered to explain why the Republic should not be ordered to pay compensation to Chevron for all damages resulting from attempts by plaintiffs to enforce a judgment arising out of an environmental lawsuit against the company in Lago Agrio, Ecuador. (more…)


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