New York International Arbitration Center (NYIAC) offers internship to NYU Law students

The New York International Arbitration Center (NYIAC), a nonprofit organization formed to advance, strengthen and promote the conduct of international arbitration in New York, has one open internship position for a NYU Law student, preferably an IBRLA LL.M. students, for the Fall 2014 semester.  In addition to legal research and writing, the intern will haveRead the Rest…

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Professor Fernandez Arroyo, Global Professor and scholar-in-residence, appointed Secretary General of the International Academy of Comparative Law

Diego P. Fernandez Arroyo, Global Professor at NYU Paris  and April 2015 scholar—in-residence at the Center for Transnational Litigation, Arbitration and Commercial Law, has been elected Secretary General of the International Academy of Comparative Law at its XIXth International Congress held in Vienna from 20 to 26 July 2014. The Academy, founded in 1924, hasRead the Rest…

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Professor Franco Ferrari invited to give lectures at the Hague Academy of International Law

Professor Franco Ferrari, the Director of the Center for Transnational Litigation, Arbitration and Commercial Law, was invited to teach a course on private international law at the prestigious Hague Academy of International Law. The Hague Academy, which, since its creation in 1923, has occupied premises at the Peace Palace in the Hague, alongside the highestRead the Rest…

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Recent Developments in EU Investment Agreements

I.         Introduction: the new EU competence over foreign direct investment On 16 April 2014, the European Parliament adopted a legislative resolution[1] on the proposal for a regulation establishing a framework for managing financial responsibility linked to investor-state dispute settlement (ISDS) tribunals established by international agreements to which the European Union is a party (COM(2012)335)[2]. ThisRead the Rest…

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Professor Silberman will deliver a paper at a London conference

Professor Silberman will be delivering a paper on international child abduction to the Journal of Comparative Law conference on the Hague Abduction Convention, to be held in London in July 2014. Over the past academic year, Professor Silberman, Co-Director of the Center, has participated in a number of conferences and activities related to transnational litigationRead the Rest…

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Professors Ferrari and Torsello publish book entitled International Sales Law – CISG

Professor Franco Ferrari, Director of the Center, and Professor Marco Torsello, professor of law at Verona University School of Law and Hauser Visiting Professor at NYU (2012, 2015), have just published a book on the 1980 United Nations Convention on Contracts for the International Sale of Goods. The Convention, which covers more than 3/4 ofRead the Rest…

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Has Florida Become an Attractive Seat for International Arbitration? The Adoption of the ICAA

1. Introduction: In today’s ever-globalizing world, it has become increasingly important for jurisdictions to promote commerce with foreign parties.  One manner in which jurisdictions can encourage international business is to modernize their international commercial arbitration statutes.  The UNCITRAL Model Law on International Commercial Arbitration (the Model Law) is designed “to assist States in reforming andRead the Rest…

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April 2014 Arbitration Forum: The Scope of Consent in International Commercial Arbitration

This is to announce the April 2014 session of the Arbitration Forum of the Center for Transnational Litigation, Arbitration and Commercial Law, entitled “The Scope of Consent in International Commercial Arbitration.” The event will take place on Tuesday, April 22nd, 2014, from 6.00 – 8.00 pm, in the Lester Pollack Colloquium Room, Furman Hall 900Read the Rest…

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‘Browsing’ the jurisdiction of a foreign court

 A recent Irish High Court decision involving the Terms of Use of the Ryanair website (an international airline) has held that a party may enter into a binding jurisdiction clause by simply browsing a website, possibly without realizing that they have entered into such an agreement. Such ‘click wrap’ or ‘browse wrap’ agreements are increasinglyRead the Rest…

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The fate of awards annulled at the seat in light of Thai-Lao Lignite

I.                    Introduction In Corporación Mexicana de Mantenimiento Integral (“COMMISA”) v. Pemex-Exploración y Producción (“PEP”)[1] (Pemex) decided in August of last year, the District Court for the Southern District Court took what I described elsewhere as “an important step in the right direction”[2] by granting enforcement to an award vacated by the courts of the seatRead the Rest…

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“Admissibility v. Jurisdiction in International Arbitration” event on Monday, March 24

This is to announce the March 24th, 2014, session of the Arbitration Forum of the Center for Transnational Litigation, Arbitration and Commercial Law, entitled “Admissibility v. Jurisdiction in International Arbitration”. The event will take place on Monday, March 24th, 2014, from 6.00 – 8.00 pm, in the Lester Pollack Colloquium Room, Furman Hall 900 (245Read the Rest…

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“Reasonable doubts” as to the “manifest lack” of independence? The successful challenge in Blue Bank v. Venezuela

A.      The decision and its context On 12 November 2013 the Chairman of the ICSID Administrative Council, Dr Jim Yong Kim, decided to disqualify the arbitrator appointed by the claimant, Mr. José Maria Alonso in the ICSID Case No. Arb/12/20 between Blue Bank International & Trust (Barbados) Ltd.  and the Bolivarian Republic of Venezuela (inRead the Rest…

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TICKETS, MONEY, PASSPORT – AND AN ARBITRATION AGREEMENT?

Today’s international businessperson should never travel far without an arbitration agreement.  One would expect to hear that from arbitration lawyers, hungry for business (or business class flights).  Yet Australia’s courts have now joined many others in viewing arbitration as essential to international commerce, seen recently with the decision in Dampskibsselskabet Norden A/S v Gladstone CivilRead the Rest…

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The Relevant Point in Time for Assessing Arbitrability — Clarification in a Decision by the Swedish Supreme Court

I. Introduction In judgment T 4982-11 of November 23, 2012, the Swedish Supreme Court (the “Supreme Court”) upheld an arbitral award challenged primarily on the ground that the matter was non-arbitrable since it was regulated by mandatory law at the time of the conclusion of the arbitral agreement.[1] The Supreme Court discussed the limits ofRead the Rest…

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Recognition of foreign arbitral awards in Brazil: recent developments

I.      Introduction The purpose of this article written exclusively for the “Transnational Notes” of NYU’s Center for Transnational Litigation, Arbitration and Commercial Law, directed by Professor Franco Ferrari, is to provide a brief overview of recent case law regarding the recognition of foreign arbitral awards in Brazil. According to the Brazilian Arbitration Act (“Lei 9.307/96”Read the Rest…

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The effect of a party’s bankruptcy on international arbitration proceedings in Switzerland – the revised position of the Swiss Federal Supreme Court after Vivendi

On October 16, 2012, the Swiss Federal Supreme Court (hereinafter “Supreme Court”) issued a decision wherein it clarified its position regarding the effect of a party’s bankruptcy on international arbitration proceedings in Switzerland.[1] The Supreme Court therewith reacted to numerous criticisms regarding its so-called Vivendi decision of March 31, 2009[2]. I.              The Vivendi decision A.          Read the Rest…

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International Commercial Arbitral Awards as Investments on Monday, February 24th, 2014

This is to announce the February 24th, 2014, session of the Arbitration Forum of the Center for Transnational Litigation, Arbitration and Commercial Law, entitled “International Commercial Arbitral Awards as Investments”. The event will take place on Monday, February 24th, 2014, from 6.00 – 8.00 pm, in the Lester Pollack Colloquium Room, Furman Hall 900 (245Read the Rest…

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TCL v. Castel: The Constitutionality of the Adoption of the Model Law in Australia

On March 13, 2013, by its decision in TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia [2013] HCA 5 (the TCL Case), Australia’s highest court, the High Court of Australia, unanimously rejected efforts by the losing participant in an international arbitration to challenge, as unconstitutional, Australia’s adoption ofRead the Rest…

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Arbitrator’s Impartiality and Independence in ICSID: Blue Bank International & Trust (Barbados) Ltd v. Bolivarian Republic of Venezuela Revisited

A. Introduction In a recent decision delivered on November 12, 2013, the Chairman of the Administrative Council of International Centre for Settlement of Investment Disputes (ICSID), disqualified the Claimant’s appointed arbitrator, Mr Jose Maria Alonso, a Spanish national from serving as arbitrator in the bilateral investment treaty arbitration commenced by Blue Bank International & TrustRead the Rest…

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Advocate General of the Court of Justice of the European Union cites paper by Professor Franco Ferrari

In his opinion rendered on April 25th, 2013 (in Case C-9/12), Advocate General Jääskinen cited a paper by Professor Franco Ferrari, the Executive Director of the Law School’s Center for Transnational Litigation, Arbitration and Commercial Law to show the status of the law on a given issue. Advocate General Jääskinen rendered his Opinion in relationRead the Rest…

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