Global International Arbitration Update

Firm Updates

MAYER BROWN JSM PARTNERS WITH JINGTIAN & GONGCHENG

Mayer Brown JSM’s Hong Kong office has formed an

association with Jingtian & Gongcheng, one of the

first private and independent partnership law firms in

China. Jingtian & Gongcheng is headquartered in

Beijing, with offices in Shanghai, Shenzhen, Chengdu

and Hong Kong. The association strengthens Mayer

Brown’s International Arbitration Practice with the

addition of notable arbitration practitioners Yang

Zhao, Hongjiu Zhang, Xuejun Peng, Sanqiao Xu,

Chungang Dong and Hu Ke.

MAYER BROWN OPENS OFFICE IN DUBAI

Mayer Brown has opened its office in Dubai, United

Arab Emirates (UAE). The office serves as a hub for

the Firm’s growing Middle East practice,

strengthening our ability to provide counsel to

multinational and local clients in a number of key

areas, including corporate and commercial matters,

disputes and international arbitration, major projects,

finance transactions, construction, employment and

compliance matters.

Tahan (Tom) Thraya, leader of Mayer Brown’s Middle

East corporate and commercial team, will serve as

partner-in-charge of the Dubai office, located on the

11th Floor, Unit 1104 of the Index Tower in the Dubai

International Financial Center. A f luent Arabic

speaker, Tom has worked in the Middle East for nearly

a decade and has particular experience in the UAE,

Saudi Arabia, Qatar and Iraq. Charles Hallab will

chair the Middle East practice and Raid Abu-Manneh

and Dany Khayat will continue to lead the firm’s

Dispute and International Arbitration practice in the

region.

With f luency and facility with the laws, practices,

norms and trends of the Middle East, the Mayer

Brown team in Dubai will work closely with colleagues

in a wide range of practices across the firm’s extensive

global platform to meet client needs.

Brexit

WILL LONDON’S POSITION AS A LEADING ARBITRATION CENTRE BE IMPACTED?

The vote to leave the European Union in the UK

referendum held on 23 June 2016 is widely considered

as unlikely to impact London’s popularity as a seat of

arbitration. London has gained its leading position

due to the fact that English law and the Arbitration

Act 1996 are established and respected globally,

English courts are seen to be arbitration-friendly and

the UK is a party to the New York Convention. None of

these will change when Britain’s exit from the EU is

negotiated. London-seated arbitration is likely to

remain a preferred option for parties seeking a tried

and tested dispute resolution framework, which is

supported by a wealth of experienced practitioners

based in London’s international arbitration

community.

July 2016 Issue 003

TABLE OF CONTENTS

• Firm Updates .................................................................. p. 1

• Brexit ................................................................................ p. 1

• Legal Updates ................................................................. p. 2

• Case Law .......................................................................... p. 4

• Mayer Brown Key Events .............................................. p. 7

• Mayer Brown Publications ............................................ p. 7

2 Global International Arbitration Update

Legal Updates

ACICA REVISED RULES ENTER INTO FORCE

1 January 2016: The Arbitration Rules and Expedited

Arbitration Rules of the Australian Centre for

International Commercial Arbitration (ACICA)

entered into force. The revised rules are aimed at

providing quick, cost effective and fair arbitration

proceedings, and include provisions relating to

multi-party disputes, the conduct of legal

representatives and the introduction of an expedited

procedure for lower value or urgent matters.

ICC POLICIES IMPLEMENTED TO BOOST TRANSPARENCY AND EFFICIENCY

1 January 2016: the ICC will now publish the names and nationalities of arbitrators sitting in all new ICC cases on its website, including details of who made the appointments and which arbitrator is the chairperson. Parties may opt out or request that further information also be published.

The ICC has also imposed costs consequences on arbitrators for unjustified delays in submitting draft awards. Unless the ICC Court agrees that a delay is justified, it may lower arbitrators’ fees by:

• 5-10% for draft awards submitted up to seven months from the last substantive hearing or written submissions;

• 10-20% for draft awards submitted up to 10 months; and

• 20% or more for draft awards submitted beyond 10

months.

ICSID REPORTS ITS CASELOAD STATISTICS FOR 2015

27 January 2016: The International Centre for the

Settlement of Investment Disputes (ICSID) reported

that it registered 52 new cases in 2015, representing a

36.8% increase on 2014. Electric and energy disputes

represented 42% of 2015 cases, with oil, gas and

mining cases accounting for 19%. Bilateral Investment

Treaties were relied upon in 46% of cases, with

another 33% of cases being convened under the

Energy Charter Treaty. For the first time since ICSID

began publishing its statistics in 2010, Western

European countries had the largest share of claims

brought against them at 37%, followed by 23% against

Eastern European and Central Asian states. 50% of

appointed arbitrators, conciliators and ad hoc

committee members came from Western Europe and

19% were from North America.

ICC COURT OFFERS GUIDANCE TO ARBITRATORS ON CONFLICT DISCLOSURE

12 February 2016: The ICC has unanimously approved

new guidance for arbitrators on arbitrator disclosure of

conflicts, which has been incorporated into the ICC

Note to Parties and Arbitral Tribunals on the Conduct

of the Arbitration. The Note sets out situations in which

an arbitrator’s independence or impartiality may be

compromised, in order for arbitrators to consider when

a disclosure may be required. The fact that a disclosure

is made does not necessarily imply the existence of a

conflict. If a party challenges an arbitrator’s position, it

will be for the ICC to assess whether there is a cause for

disqualification.

HKIAC LAUNCHES NEW PANEL OF ARBITRATORS FOR INTELLECTUAL PROPERTY DISPUTES

14 March 2016: The Hong Kong International

Arbitration Centre (HKIAC) has launched a panel of

Intellectual Property arbitrators, which includes Gabriela

Kennedy, partner in Mayer Brown’s Intellectual Property

Practice in Hong Kong and head of Mayer Brown JSM’s

Asia IP and TMT group. The launch of the panel coincides

with the Hong Kong Government’s proposal to amend the

Hong Kong Arbitration Ordinance (Cap. 609), to clarify

that disputes over the subsistence, scope, validity,

ownership, infringement or any other aspect of an IP right

can be submitted to arbitration in Hong Kong. Currently,

the Arbitration Ordinance provides that enforcement of

an award may be refused if it would be contrary to public

policy or is in respect of a matter not capable of settlement

by arbitration under the law of Hong Kong.

LCIA SETS NEW CASELOAD RECORD IN 2015

12 April 2016: The London Court of International

Arbitration (LCIA) published its 2015 Registrar’s report.

The LCIA received 332 referrals in 2015, representing a

10% increase from 2014 and a new record level for the

LCIA. 12.1% of the caseload comprised claims worth

over US$50 million, and 6.4% of the caseload involved

claims worth US$20-50 million. The top three users of

the LCIA were the UK, Russia and Cyprus.

In terms of appointments, the LCIA made 449

appointments of 227 different arbitrators, of which 71

appointments (15.8%) were of female arbitrators: 55

selected by the LCIA, 14 by the parties and 2 by the

parties’ nominees. When compared to 2014, this

represents an increase in the number of female

candidates put forward by the parties or selected by

the LCIA, but a decrease in the number of female

candidates selected by nominees.

mayer brown 3

DIS TO REVISE ITS ARBITRATION RULES

26 April 2016: The German Institution of Arbitration

(DIS) announced the launch of the revision process for

its arbitration rules which have been in force since

1998 in order to meet changes in arbitral practice. The

new rules are intended to be suitable for the needs of

domestic and international users and are aimed at

enhancing the efficiency of arbitration. Furthermore,

they will provide users with arbitration proceedings

that are non-bureaucratic, f lexible and open to party

autonomy. It is envisaged that the new rules will take

effect in the second half of 2017. All members of the

DIS will have the opportunity to submit their

suggestions for amendments and to participate in the

rules revision expert committee.

ICCA MAURITIUS 2016 IS THE FIRST ICCA CONGRESS HOSTED IN AFRICA

11 May 2016: ICCA Mauritius 2016 drew to a close

after three days of debate. The 23rd ICCA Congress

was the first to be held in Africa in the organisation’s

50-year history, and was attended by around 800

delegates, approximately one third of whom came

from Africa. The event recognised the important role

played by international arbitration across Africa.

One of the main themes for discussion was

international arbitration’s contribution to, and

conformity with, the rule of law. In addition, the host

committee demonstrated Mauritius’s development as a

seat of arbitration during recent years, including its

new arbitration law and the establishment of a new

arbitral institution with the support of the LCIA.

SICC ISSUES ITS FIRST DECISION

12 May 2016: The newly created Singapore

International Commercial Court (SICC) issued its first

decision since it launched in January 2015 as a

“companion” to arbitration in Singapore. A three-

judge panel ruled in a case concerning various

breaches of a joint venture agreement between parties

in Australia and Indonesia to produce and sell coal

from eastern Indonesia using patented “binderless

coal briquetting” technology, through which

pollutants and moisture are removed from coal.

EQUAL REPRESENTATION IN ARBITRATION PLEDGE IS LAUNCHED

18 May 2016: the Equal Representation in Arbitration

(ERA) Pledge launched in London. Law firms,

corporations, arbitral institutions and government

bodies involved in the practice of international

arbitration have been asked to sign the Pledge as a

sign of commitment to improving the number of

women appointed as arbitrators on an equal

opportunity basis.

Signatories are encouraged to take steps to ensure that

lists of potential arbitrators, committees, governing

bodies and conference panels include a fair proportion

of women, with the ultimate goal of full gender equality

within the international arbitration community.

DIAC TO OPEN BRANCH IN THE DUBAI INTERNATIONAL FINANCIAL CENTRE TO PROMOTE ENFORCEMENT

24 May 2016: The Dubai Chamber of Commerce

announced that the Dubai International Arbitration

Centre (DIAC) has obtained preliminary approval to

open an office in the offshore Dubai International

Financial Centre (DIFC).

Previously, parties only had the option of enforcing an

arbitral award in the Dubai courts. The opening of a

DIAC office in the DIFC will now give parties another

enforcement option. The move strengthens the legal

business environment and emphasises the importance

of commercial arbitration in settling commercial

disputes in Dubai.

SIAC LAUNCHES INNOVATIVE NEW ARBITRATION RULES

1 June 2016: The Singapore International Arbitration

Centre’s (SIAC) new arbitration rules took effect,

aiming to combine the best features of commercial

arbitration and specialist investment arbitration rules

and provide an alternative set of procedural rules for

the administration of investor-state disputes at SIAC.

The rules include provisions addressing topical issues

such as inefficiency, confidentiality, emergency

arbitrators, early dismissal of unmeritorious claims,

submissions from non-disputing parties and the

disclosure of third party funding arrangements.

KCAB REVISES RULES TO INCREASE ARBITRATION EFFICIENCY

1 June 2016: The Korean Commercial Arbitration Board

(KCAB) revised rules entered into force in response to

user demand. The new rules include features aimed at

increasing efficiency and reducing the duration of

proceedings, and allow for the joinder of parties,

consolidation of claims, appointment of emergency

arbitrators and the screening of arbitrators by KCAB

before they are appointed. These features reflect recent

trends and modern practices in international arbitration.

4 Global International Arbitration Update

Case Law

EQUATORIAL GUINEA WINS ITS FIRST ICSID CLAIM

4 December 2015: In Grupo Francisco Hernando

Contreras, S.L. v Republic of Equatorial Guinea (ICSID

Case No. ARB(AF)/12/2), Equatorial Guinea

successfully defeated the claims brought against it in its

first ICSID arbitration: a Spanish language ICSID

Additional Facility arbitration brought under the

Spain-Equatorial Guinea 2004 Bilateral Investment

Treaty. The majority of the tribunal agreed with the

State that Grupo Francisco Hernando Contreras, a

Spanish construction group, had not proved the

existence of binding contracts and therefore, under the

law of Equatorial Guinea, their agreements did not

qualify as an “investment”. The arbitrator nominated by

the claimant issued a dissenting opinion, finding that

there was “manifest common intention to contract”.

FRENCH COUR DE CASSATION UPHOLDS UNENFORCEABILITY OF ALVAREZ DECISION DUE TO CONFLICTS OF INTEREST

16 December 2015: In SA Auto Guadeloupe

Investissements (AIG) v Columbus Acquisitions Inc et al,

the French Supreme Court upheld a Paris Court of

Appeal ruling that a partial award in favour of Columbus

Acquisitions Inc (the claimant) was unenforceable.

The court concluded that the award was invalid

because the sole arbitrator, Henri Alvarez, had failed

to disclose that lawyers at his firm were assisting the

defendant’s parent company in a major acquisition.

The court held that the circumstances created

reasonable doubt regarding the independence and

impartiality of Alvarez in the eyes of AIG, satisfying

the subjective test that applies in French law and

rendering the tribunal irregularly constituted. This

ruling emphasizes the importance of the principle of

independence of arbitrators.

ENGLISH HIGH COURT FINDS IT IS NOT CONTRARY TO PUBLIC POLICY TO ENFORCE A NEW YORK CONVENTION AWARD WHICH INCLUDES A PENALTY

19 January 2016: In Pencil Hill Ltd v US Città Di

Palermo SpA (Case No. BA40MA109), the defendant

owned an Italian football club and contracted to pay

the claimant instalments for the acquisition of a

particular player. Under the contract, failure to pay

any of the instalments would result in all remaining

amounts becoming due, with an additional penalty of

double the outstanding sum. When the defendant

failed to make payment, the claimant referred the

dispute to the Court of Arbitration for Sport.

The tribunal made an award in which it ordered

payment of a reduced penalty, which was upheld by

the Swiss Supreme Court. In proceedings for enforce-

ment of the award in England, the court held that the

policy in favour of enforcing international arbitration

awards outweighed the English public policy of

refusing to enforce penalty clauses. Provided that the

contract in question did not offend Swiss law, the fact

that English law might take a different view of it did

not mean that the English court should refuse to

enforce an award arising out of that contract. The

decision demonstrates the pro-enforcement inclina-

tion of the English courts.

ENGLISH COMMERCIAL COURT REMOVES ARBITRATOR DUE TO APPARENT BIAS

17 February 2016: In Cofely Limited v Anthony

Bingham and Knowles Limited [2016] EWHC 240

(Comm), the English Commercial Court granted an

application to remove an arbitrator under section

24(1)(a) of the English Arbitration Act 1996.

The arbitrator, Anthony Bingham, was nominated by

claims consultants Knowles Limited, the defendant in

the case. The nomination was accepted by the CIArb.

The claimant, Cofely Limited, requested information

regarding their relationship and discovered that

Bingham had been appointed as arbitrator or

adjudicator in cases involving Knowles Limited 25

times in the past three years, and had derived 25% of

his income as arbitrator/adjudicator over the past three

years from those cases. However, Bingham had not

disclosed any of that information on his ‘acceptance of

nomination’ form when he was appointed.

The claimant applied to the court for removal of the

arbitrator, on the basis that circumstances existed

which gave rise to justifiable doubts as to his

impartiality. The court held that there was sufficient

apparent bias to satisfy section 24 of the Arbitration

Act 1996, as the arbitrator had failed to disclose the

history of his relationship with the defendant and had

responded to the claimant’s reasonable and appropriate

enquiries in an “aggressive” way. It is of particular

interest that the court took the latter factor into

account when making their finding of apparent bias.

mayer brown 5

UK HIGH COURT OVERTURNS ARBITRAL AWARD ON POINT OF LAW

23 February 2016: In Glory Wealth Shipping PTE

Limited v Flame SA [2016] EWHC 293 (Comm), Glory

Wealth successfully appealed an arbitral tribunal’s

award on a point of law under section 69 of the

English Arbitration Act 1996.

This case is a rare example of a successful appeal on

this ground, as the LCIA and ICC rules exclude the

right to appeal and thereby prevent parties whose

disputes are being heard by those institutions from

attempting to do so. It demonstrates the English

courts’ willingness to uphold appeals where they are

persuaded that the tribunal has erred in law.

Those in favour of retaining the right to appeal on a point

of law will view this judgment, as well as the similar 11

May 2016 judgment in NYK Bulkship (Atlantic) NV v

Cargill International SA [2016] UKSC 20, as illustrations

as to why such right provides a valuable safeguard, while

others will place a higher value on arbitration as a

“one-stop” forum whose advantages outweigh the risk of

not being able to correct errors of law.

SWISS SUPREME COURT DECIDES THE CONSEQUENCE OF FAILURE TO COMPLY WITH OBLIGATORY PRE-ARBITRAL TIER

16 March 2016: In decision 4A_628/2015, the Swiss

Supreme Court overturned an arbitral tribunal’s

award, clarifying for the first time that failure to

comply with a mandatory pre-arbitral tier leads to the

stay of the arbitration proceedings until the pre-

arbitral tier has been completed. The court also held

that the tribunal should decide the time frame in

which, should the dispute remain unresolved, the

arbitration process will resume. This approach

contrasts with that adopted in other jurisdictions.

Commercial contracts sometimes contain multi-tier

arbitration clauses, which may include a binding

obligation to comply with pre-arbitral steps such as

negotiation, mediation or adjudication before

commencing arbitration, in order to reduce costs.

These types of clauses are treated in different ways in

different jurisdictions.

DUBAI COURT OF APPEAL QUESTIONS UK MEMBERSHIP OF THE NEW YORK CONVENTION

30 March 2016: In Fluor Transworld Services v

Petrixo Oil & Gas, the Dubai Court of Appeal refused

to enforce an ICC London-seated arbitration award.

The court controversially claimed there was a lack of

sufficient evidence that the UK has signed and ratified

the 1958 New York Convention, despite the fact that

the UK is clearly listed on the New York Convention

website as having done so on 24 September 1975.

The Dubai Court of Appeal invoked Articles 235 and

236 of the UAE Civil Transactions Code, according to

which foreign awards without an international

enforcement instrument must originate from

countries whose courts enforce awards originating in

the UAE. As there has been no English court

precedent for enforcing a UAE award, the court

declined enforcement on the basis of lack of

reciprocity. It did so despite neither party having

raised this as a ground for refusal to enforce the

award, and the fact that the UAE signed up to the New

York Convention in 2006 without entering into a

‘reciprocity reservation’.

The case demonstrates that the enforcement of foreign

arbitral awards in the UAE courts remains

unpredictable. However, the case has been appealed to

the Dubai Court of Cassation, which has a history of

confirming that the UAE should be an ‘arbitration

friendly’ jurisdiction when it comes to the enforcement

of foreign awards.

UNITED STATES DISTRICT COURT ENFORCES SUBPOENAS TO AID ENFORCEMENT OF AWARD ON FOREIGN NATIONAL

13 April 2016: In Probulk Carriers Limited v. Marvel

International Management and Transportation (Case

No. 14-cv-8338), the United States District Court for

the Southern District of New York (the “District

Court”) enforced two subpoenas to aid enforcement of

an arbitration award that had been served on a foreign

national temporarily present in the United States.

The foreign national, a Turkish citizen, was the son of a

principal of the losing party in the arbitration and had

been served with the subpoenas while he was in Boston,

Massachusetts for a film festival. One subpoena

required his deposition; the second required him to

produce documents. He moved to quash the subpoenas

on grounds that they circumvented the Hague

Convention on the Taking of Evidence Abroad in Civil

or Commercial Matters (the “Hague Convention”).

6 Global International Arbitration Update

The District Court rejected his arguments, reasoning

that the Hague Convention was not the exclusive means

for obtaining discovery from a foreign entity in the

United States, nor was it the means of first resort. It

also reasoned that the parties to the arbitration should

have known that the prevailing party would likely seek

to enforce the award in New York, because both were

licensed to do business there. While rejecting the

notion that sitting for a deposition was not burdensome

in and of itself, it modified the subpoenas to permit the

deposition and document production to occur in

Istanbul, and not New York, “halfway across the world”

from where the foreign national lived.

US$50 BILLION YUKOS AWARD SET ASIDE BY HAGUE DISTRICT COURT

20 April 2016: In The Russian Federation v Veteran

Petroleum Limited, Yukos Universal Limited and

Hulley Enterprises Limited, the Hague District Court

set aside the interim and final Energy Charter Treaty

(ECT) awards issued by a PCA tribunal in favour of

the former majority shareholders in Yukos against

Russia worth over US$50 billion.

The Hague District Court held that although Russia

had signed the ECT, it had never ratified it, so its

arbitration provision did not apply and the tribunal

did not have jurisdiction to consider the dispute.

The Yukos majority shareholders will appeal the

decision and continue with enforcement proceedings

already underway in jurisdictions other than the

Netherlands, as Article V(1)(e) of the New York

Convention grants enforcing courts discretion to

enforce an award that has been annulled by the courts

of the seat of the arbitration. Russia will seek the

dismissal of those proceedings on the basis that the

award has been set aside.

PCA TRIBUNAL PUBLISHES AWARD ON JURISDICTION AND ADMISSIBILITY IN PHILIP MORRIS CASE

16 May 2016: The tribunal hearing the case of Philip

Morris Asia Limited v The Commonwealth of Australia

(UNCITRAL) (PCA Case No. 2012-12) published its

redacted award on jurisdiction and admissibility.

Philip Morris Asia Limited (“Philip Morris”) had

claimed that the enactment and enforcement of

Australia’s Tobacco Plain Packaging Act 2011 had

deprived it of its intellectual property and infringed

upon its investments. It had commenced arbitration

under the 1993 Agreement between the Government

of Hong Kong and the Government of Australia for the

Promotion and Protection of Investments.

In the award dated 17 December 2015, the tribunal at

the Permanent Court of Arbitration (PCA) decided that

the initiation of the arbitration constituted an abuse of

rights, as the corporate restructuring by which Philip

Morris had acquired Australian subsidiaries was

carried out for the principal, if not sole, purpose of

gaining treaty protection. Accordingly, its claims were

inadmissible and the tribunal was precluded from

exercising jurisdiction over the dispute.

ENFORCEMENT OF ICC AWARD IN SAUDI ARABIA IS A POSITIVE DEVELOPMENT FOR ARBITRATION

June 2016: Reports that a US$18.5 million ICC

London-seated award will be enforced in the Kingdom

of Saudi Arabia against a Saudi-domiciled award

debtor represent a positive development for the enforce-

ment of foreign arbitral awards in Saudi Arabia.

The Kingdom implemented a new Arbitration Law in

2012, which overhauled the procedures for the

appointment of arbitrators, the conduct of the arbitra-

tion proceedings and, significantly, implemented a

regime for the enforcement of both domestic and

foreign arbitral awards. An enforcement judge may

enforce a foreign arbitral award only on the basis of

principles of reciprocity and if the party seeking

enforcement can satisfy a series of criteria.

Saudi Arabia’s enforcement regime is still relatively

new, and further instances of enforcement decisions

will be needed to evidence its effectiveness.

Furthermore, in light of the Kingdom’s policy to

diversify its economy away from oil and its interest in

attracting inbound foreign investment, this develop-

ment is a welcome indication of a significantly

improved landscape for resolving disputes through

arbitration and enforcing any resultant award against

Saudi-domiciled parties who have no identifiable

assets outside of the Kingdom in a New York

Convention State.

mayer brown 7

Mayer Brown Key Events

EUROPEAN LAW STUDENTS’ ASSOCIATION QUEEN MARY UNIVERSITY OF LONDON INTERNATIONAL ARBITRATION & COMMERCIAL LAW ACADEMY – 6 JULY 2016 – LONDON

Rachael O’Grady, senior associate in Mayer Brown’s

International Arbitration practice in London, will be

speaking at the European Law Students’ Association

International Arbitration & Commercial Law Academy

at Queen Mary University of London on 6 July 2016.

Rachael will be speaking about enforcement issues as

part of the academic programme, which is running

from 3 to 10 July 2016 and is being sponsored by

Mayer Brown.

HONG KONG INSTITUTE OF ARBITRATORS ASSOCIATES ENTRY COURSE AT THE HONG KONG INTERNATIONAL ARBITRATION CENTRE – 15-16 JULY 2016 – HONG KONG

Bill Amos, partner in Mayer Brown’s International

Arbitration practice in Hong Kong, will be speaking at

the Hong Kong Institute of Arbitrators Associates

entry course at the Hong Kong International

Arbitration Centre on 15 & 16 July 2016.

The course will offer suitably qualified professionals a

2-day course leading to entry to the Institute as an

Associate, and will cover subjects including

arbitration clauses, applicable law, constitution of the

tribunal, powers of the arbitrators as well as content

and enforcement of awards.

ICC YAF EUROPE REGIONAL CONFERENCE 2016 – 15-16 JULY 2016 – ATHENS

Rachael O’Grady, senior associate in Mayer Brown’s

International Arbitration practice in London, will be

speaking at the ICC Young Arbitrators Forum (YAF)

3rd Europe Chapter Regional Conference in Athens,

Greece on 16 July 2016.

Rachael will take part in a debate entitled “The future

of international arbitration is as clear as the Paris and

London skies” and will be opposing the motion.

INTERNATIONAL ARBITRATION WEBINAR SERIES – 11 AUGUST 2016

Mayer Brown’s International Arbitration practice will

be hosting its fifth webinar on 11 August 2016.

Gustavo Fernandes de Andrade, partner in Mayer

Brown’s International Arbitration practice in Rio de

Janeiro, and Allison Stowell, senior associate in Mayer

Brown’s International Arbitration practice in New

York, will be discussing topics regarding international

arbitration and Brazil.

INTERNATIONAL ARBITRATION WEBINAR SERIES – 3 NOVEMBER 2016

Mayer Brown’s International Arbitration practice will

be hosting its sixth webinar on 3 November 2016.

Dany Khayat, partner in Mayer Brown’s International

Arbitration Practice in Paris and Rachael O’Grady,

senior associate in Mayer Brown’s International

Arbitration Practice in London will be discussing

treaty arbitrations.

14TH ICC MIAMI CONFERENCE ON INTERNATIONAL ARBITRATION – 13-15 NOVEMBER 2016

Mayer Brown will be sponsoring the ICC’s annual

Miami conference on international commercial

arbitration in Latin America, taking place from 13-15

November 2016. The conference aims to provide an

update on developments in international arbitration in

the region, and will include advanced training on oral

advocacy. It is expected that 550 participants from 40

countries will attend.

Mayer Brown Publications

ARBITRATION IN AFRICA

14 January 2016: Arbitration in Africa by Jonathan

Hosie, partner in Mayer Brown’s International

Arbitration practice in London, was published in

Mining Journal. The article discusses the economic

and geo-political climate affecting mining projects in

Africa, as well as the use of international arbitration

to resolve mining disputes.

To read the full article, click here.

COUNTRY REFERENCE GUIDE FOR INTERNATIONAL ARBITRATION IN SUB-SAHARAN AFRICA

February 2016: Mayer Brown’s International

Arbitration Group has updated its Country by Country

Reference Guide to International Arbitration in

Sub-Saharan Africa for 2016. Covering 49 countries,

this Guide covers the key facts, considerations and

risks in relation to arbitration in the region. The guide

is designed to provide a useful point of reference for

international parties contracting in the region, and

answers the following questions:

• What are the latest developments, issues and trends

with regard to arbitration in Sub-Saharan Africa?

• What are the local arbitral laws and institutions in

each country, and how can they assist international

contracting parties?

• When and where can international conventions

such as the New York Convention and the ICSID

Convention provide assistance?

8 Global International Arbitration Update

To register for your free copy of Mayer Brown’s Guide

to International Arbitration in Sub-Saharan Africa

please click here.

To view the Chinese language version, which was

launched on 1 March 2016 at the Africa Investment &

Dispute Resolution Seminar co-hosted by Mayer Brown

and Jingtian & Gongcheng in Beijing, click here.

LEGAL UPDATE ON NEW MYANMAR ARBITRATION LAW

16 February 2016: Mayer Brown JSM has published a

Legal Update on the topic of Myanmar’s new arbitration

law. Up until very recently, the legislation that governed

arbitrations in Myanmar was the antiquated Arbitration

Act 1944. The 1944 Act mirrored India’s Arbitration Act

1940 and was generally regarded as outdated and

defunct. As such, reform of Myanmar’s arbitration

regime was urgently required. In the last few years, as

the country has become more accessible to foreign

investors with the implementation of political and

market reforms, Myanmar has seen a number of changes

which will dramatically impact the conduct of

arbitrations in the country. It will also affect how arbitral

awards can be enforced, recently culminating in the

enactment and coming into force of Myanmar’s

Arbitration Law (Union Law 5/2016) on 5 January 2016.

To read the full article, click here.

CONSTRUCTION ARBITRATOR RESIGNS FOLLOWING COURT RULING

23 February 2016: Raid Abu-Manneh, partner in Mayer

Brown’s London office and global co-head of Mayer

Brown’s International Arbitration Group, was quoted in

Construction Arbitrator Resigns Following Court Ruling

in Global Arbitration Review, discussing the importance

for arbitrators to disclose previous appointments and the

courts’ application of the IBA guidelines when considering

conflicts in light of the judgment in the case of Cofely

Limited v Anthony Bingham and Knowles Limited [2016]

EWHC 240 (Comm).

To read the full article, click here (subscription required).

SPACE MINING RACE HEATS UP, BUT WHOSE ASTEROID IS IT ANYWAY?

26 February 2016: Rachael O’Grady, senior associate

in Mayer Brown’s International Arbitration practice in

London, is quoted in Reuters article Space Mining

Race Heats up, but Whose Asteroid is it Anyway?

discussing the lack of legal framework for private

operators to mine asteroids.

A similar article entitled Whose Asteroid Is it

Anyway? also appeared in Fortune on 26 February 2016.

To read the full article, click here.

10 THINGS YOU SHOULD KNOW ABOUT ARBITRATION

7 March 2016: 10 Things You Should Know About

Arbitration, an article by Raid Abu-Manneh, partner

in Mayer Brown’s London office and global co-head of

Mayer Brown’s International Arbitration Group, and

Mark McMahon, associate in Mayer Brown’s

International Arbitration practice in London, was

published in Construction News. The article addresses

some of the key questions parties may have when

considering whether to resolve their dispute through

international arbitration.

To read the full article, click here.

MAYER BROWN RECOGNIZED AS AN ARBITRATION LEADER IN GLOBAL ARBITRATION REVIEW’S GAR 100 GUIDE

10 March 2016: Mayer Brown has once again been

recognized in the 2016 edition of Global Arbitration

Review’s GAR 100, a guide to the world’s leading

international arbitration firms.

The publication highlighted some of Mayer Brown’s

accomplishments in 2015:

• Advising the Panama Canal Authority on multiple

disputes that have arisen between the Authority and

the European-led construction consortium, rang-

ing from pre-arbitral, contract-based adjudication

board proceedings to significant arbitration matters

before the ICC;

• Acting on behalf of Kuwait’s Fouad Alghanim &

Sons Group on a US$150 million ICSID telecoms

claim against Jordan; and

• The addition of B. Ted Howes (New York) to its

practice, who leads the International Arbitration

group in the US and serves as a member of the firm’s

global leadership team for International Arbitration.

WORK REMAINS IN ELEVATING DUBAI’S INTERNATIONAL ARBITRATION STATUS

25 March 2016: Raid Abu-Manneh, partner in Mayer

Brown’s London office and global co-head of Mayer

Brown’s International Arbitration Group, is quoted

extensively in Work Remains In Elevating Dubai’s

Int’l Arbitration Status in Law360, discussing the

changing perceptions regarding international

arbitration in the Middle East, as well as the rise of

the Middle East as a global economic player.

To read the full article, click here.

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WHY ASTEROID MINING IS THE FUTURE – AND A LEGAL MINEFIELD

31 March 2016: Why Asteroid Mining Is The Future

– And A Legal Minefield, an article by Ian Coles, partner

in Mayer Brown’s Finance practice in London, and

Rachael O’Grady, senior associate in Mayer Brown’s

International Arbitration practice in London, was

published in The Times Law. The article discusses the lack

of clarity in international law regarding the substantive

rights of states and their nationals to mine asteroids, as

well as the need for international law to be updated to

keep up with modern advances and technologies.

To read the full article, click here.

ARBITRATOR IMPARTIALITY – THE IMPORTANCE OF FULL DISCLOSURE

31 March 2016: Arbitrator Impartiality – The

Importance Of Full Disclosure, an article by Raid

Abu-Manneh, partner in Mayer Brown’s London office

and global co-head of Mayer Brown’s International

Arbitration Group, and Wisam Sirhan, senior associate

in Mayer Brown’s International Arbitration practice in

London, was published in Construction News

discussing the importance of arbitrator impartiality.

To read the full article, click here (subscription required).

THE CONSOLIDATION DILEMMA: IS THERE FINALLY A PRAGMATIC SOLUTION?

April 2016: B. Ted Howes, partner in Mayer Brown’s

New York office and head of Mayer Brown’s

International Arbitration Practice in the United States,

and Allison Stowell, senior associate in Mayer Brown’s

International Arbitration practice in New York,

published an article in the IBA Dispute Resolution

International journal.

The article discusses the inefficacy of the current regime

of international arbitration rules for the consolidation of

multi-contract transactional disputes, and the trend that

contrary to the consolidation requirements of the leading

rules, few respondents consent to consolidation after a

dispute arises and fewer multi-contract transactions fall

into the neat pattern of the “same parties” signing each

contract. The article proposes that a solution to the

consolidation dilemma be considered by the major

arbitral institutions, as disputes that should naturally be

unified before a single arbitration panel are currently

being divided, at great cost to the parties and to the

efficacy and reputation of the system.

To read the full article, click here (subscription required).

WING BO RULING BOLSTERS HONG KONG’S ARBITRATION PRESTIGE

1 April 2016: Menachem Hasofer, partner in Mayer Brown JSM’s Hong Kong office and global co-head of Mayer Brown’s International Arbitration Group, is quoted in Wing Bo Ruling Bolsters Hong Kong’s Arbitration Prestige in Law360, discussing the Hong Kong courts’ pro-arbitration approach.

To read the full article, click here.

HKIAC HOPING TO CASH IN ON INCREASED IP ARBITRATION

8 April 2016: In HKIAC Hoping To Cash In On Increased IP Arbitration in Law360, B. Ted Howes, partner in Mayer Brown’s New York office and head of Mayer Brown’s International Arbitration Practice in the United States, is quoted discussing the rising awareness of the importance of international arbitration in patents transactions.

To read the full article, click here.

3 ADVANTAGES OF ARBITRATING IP DISPUTES

11 April 2016: B. Ted Howes, partner in Mayer Brown’s New York office and head of Mayer Brown’s International Arbitration Practice in the United States, is quoted in 3 Advantages Of Arbitrating IP Disputes in Law360, discussing some of the advantages that arbitration offers over litigation.

To read the full article, click here.

GEMALTO TELLS TEXAS JUDGE RETAILERS OWE $46M ARBITRAL AWARD

14 April 2016: Carmine Zarlenga, partner in Mayer Brown’s Litigation & Dispute Resolution Practice in Washington DC, is quoted extensively in Gemalto Tells Texas Judge Retailers Owe $46m Arbitral Award in Law360, discussing the Merchant Customer Exchange LLC v. Gemalto Inc. arbitration in which Mayer Brown secured a US$42.8 million award for Gemalto.

To read the full article, click here.

US STORES MUST PAY FOR PHONE PAYMENT TECHNOLOGY, RULES ALL-TEXAN TRIBUNAL

15 April 2016: In US Stores Must Pay for Phone Payment Technology, Rules All-Texan Tribunal, Carmine Zarlenga, partner in Mayer Brown’s Litigation & Dispute Resolution Practice in Washington DC, is quoted discussing an American Arbitration Association tribunal’s order to a US consortium of retailers to pay over US$45 million to a Dutch digital security company in a dispute over technology to enable payment using smart phones.

To read the full article, click here (subscription required).

10 Global International Arbitration Update

SUPREME PEOPLE’S COURT GUIDING CASE NO. 37 EXTENDS TIME LIMIT FOR BRINGING ENFORCEMENT ACTION ON A FOREIGN-RELATED ARBITRATION AWARD IN MAINLAND CHINA

19 April 2016: Mayer Brown JSM has published a

Legal Update regarding the extension of the period for

applying for enforcement of an award to two years in

mainland China, pursuant to Article 239 of the PRC

Civil Procedure Law (2012 Amendment). The period

shall start from the last day of the performance period

specified in a legal instrument, or the effective date of a

legal instrument if it does not specify a period of

performance.

However, following guiding case no. 37 between

Shanghai Jwell Machinery Co., Ltd and Retech

Aktiengesellschaft from Switzerland, the court takes the

view that this time-bar provision is subject to the general

principle that Chinese courts do not have the power to

execute a foreign-related award unless the person subject

to enforcement of the award, or the property of that

person, is in mainland China at the material time.

To read the full article, click here.

PCA’S MIDDLE EAST OUTREACH UNDERSCORES GROWING IMPORTANCE

26 April 2016: Dany Khayat, partner in Mayer

Brown’s International Arbitration Practice in Paris, is

quoted extensively in PCA’s Middle East Outreach

Underscores Growing Importance in Law360,

discussing the rise in investors’ awareness of treaties

across the Middle East region in recent years.

To read the full article, click here.

DRAFT BILL REFLECTS SOUTH AFRICA’S MIXED VIEWS ON ARBITRATION

10 May 2016: Kwadwo Sarkodie, partner in Mayer

Brown’s International Arbitration Practice in London,

is quoted in Draft Bill Reflects S. Africa’s Mixed Views

On Arbitration in Law360, discussing South Africa’s

draft international arbitration bill set to replace South

Africa’s Arbitration Act 42 of 1965, which does not

expressly deal with international arbitration and is not

based on the UNCITRAL model law.

To read the full article, click here.

ICC STATS FOR 2015 PROVOKE STRONG RESPONSE

13 May 2016: Mark Stefanini, partner in Mayer Brown’s

International Arbitration Practice in London, was

quoted in ICC Stats For 2015 Provoke Strong Response in

Global Arbitration Review, discussing the ICC’s position

as a “formidable competitor” to other institutions and

the fact that competition between arbitral institutions

and courts for cases will increase the quality of service

provided by all institutions and ultimately improve the

attraction of London as a dispute resolution centre.

To read the full article, click here (subscription required).

UNILATERAL JURISDICTION CLAUSES: ONE WAY OR NO WAY?

20 May 2016: Unilateral Jurisdiction Clauses: One Way

Or No Way?, an article by Mark Stefanini, partner, and

Stephen Moi, senior associate, both in Mayer Brown’s

International Arbitration Practice in London, was

published in International Financial Law Review. The

article compares the current legal position in six dispute

resolution centres regarding so-called unilateral juris-

diction clauses, and discusses why they are, and should

be, enforceable as a matter of principle and policy.

To read the full article, click here (subscription required).

ROAD TO MOROCCO

20 May 2016: Raid Abu-Manneh, partner in Mayer

Brown’s London office and global co-head of Mayer

Brown’s International Arbitration Group, and Dany

Khayat, head of Mayer Brown’s International

Arbitration practice in Paris, published an article in

Building discussing Morocco’s potential as a gateway

to Africa for UK construction companies.

To read the full article, click here (subscription required).

5 TIPS FOR ASPIRING INTERNATIONAL ARBITRATION ATTORNEYS

23 May 2016: Raid Abu-Manneh, partner in Mayer

Brown’s London office and global co-head of Mayer

Brown’s International Arbitration Group, is quoted

extensively in 5 Tips For Aspiring International

Arbitration Attorneys in Law360, discussing the

importance for young lawyers interested in the field of

international arbitration to make connections and

participate in events in the community in order to build

their network and profile among peers and seniors.

To read the full article, click here.

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NEW SAUDI ARBITRATION REGIME DIVERTS FROM CHECKERED PAST

16 June 2016: Raid Abu-Manneh, partner in Mayer

Brown’s London office and global co-head of Mayer

Brown’s International Arbitration Group, is quoted

extensively in New Saudi Arbitration Regime Diverts

From Checkered Past in Law360 discussing the

significance of the decision by a Saudi Arabian court to

enforce an $18.5 million international arbitration award.

To read the full article, click here.

IS ARBITRATION DAMAGING THE COMMON LAW?

22 June 2016: Raid Abu-Manneh, partner and global

co-head of Mayer Brown’s International Arbitration

Group, Mark Stefanini, partner, and Jeremy Holden,

associate, all in Mayer Brown’s International

Arbitration Practice in London, published an article in

International Arbitration Law Review. The article

addresses the challenges facing the English courts and

arbitral institutions in the coming years in light of

recent criticisms, as well as proposed solutions to

these challenges.

To request a copy of the full article, please email

sely@mayerbrown.com.

RULES CHANGES IN INTERNATIONAL ARBITRATION: KEY LESSONS FOR PRACTITIONERS

24 May 2016: James Ferguson, partner, and Sarah

Reynolds, associate, both in Mayer Brown’s International

Arbitration practice in Chicago, have published a

recording and presentation slides from the webinar they

hosted with Steven Andersen, Vice President of the

International Centre for Dispute Resolution, on the topic

of Rules Changes In International Arbitration: Key

Lessons For Practitioners.

During the webinar, the speakers analyzed the recent

rules changes and discussed how they can be used in

drafting more effective dispute resolution clauses and

in preparing cases for hearings in international

arbitral forums.

To view the webinar recording, click here.

COUNTRY REFERENCE GUIDE FOR INTERNATIONAL ARBITRATION IN LATIN AMERICA

June 2016: Mayer Brown’s International Arbitration

Group has published its Country by Country Reference

Guide to International Arbitration in Latin America.

The Chinese language version was launched on 2

March 2016 at the Latin America Investment &

Dispute Resolution Seminar, co-hosted by Mayer

Brown and Jingtian & Gongcheng in Shanghai.

To view the guide in Chinese, click here.

To request a copy of the forthcoming guide in English,

please email sely@mayerbrown.com.

4 TIPS FOR KEEPING THRIFTY ARBITRATION CLIENTS HAPPY

2 June 2016: B. Ted Howes, partner in Mayer Brown’s

New York office and head of Mayer Brown’s

International Arbitration Practice in the United States

is quoted in 4 Tips For Keeping Thrifty Arbitration

Clients Happy in Law360 discussing tips to ensure

that arbitration clients are not left footing an

unwanted and unanticipated bill.

To read the full article, click here.

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Please visit www.mayerbrown.com for comprehensive contact information for all Mayer Brown offices.

This Mayer Brown publication provides information and comments on legal issues and developments of interest to our clients and friends. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek legal advice before taking any action with respect to the matters discussed herein.

Mayer Brown is a global legal services organization advising clients across the Americas, Asia, Europe and the Middle East. Our presence in the world’s leading markets enables us to offer clients access to local market knowledge combined with global reach. We are noted for our commitment to client service and our ability to assist clients with their most complex and demanding legal and business challenges worldwide. We serve many of the world’s largest companies, including a significant proportion of the Fortune 100, FTSE 100, CAC 40, DAX, Hang Seng and Nikkei index companies and more than half of the world’s largest banks. We provide legal services in areas such as: banking and finance; corporate and securities; litigation, arbitration, and other dispute resolution; antitrust and competition; US Supreme Court and appellate; employment and benefits; environmental; financial services regulatory and enforcement; government and global trade; intellectual property; real estate; tax; restructuring, bankruptcy and insolvency; and wealth management.

“Mayer Brown” and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

© 2016 The Mayer Brown Practices. All rights reserved.

Contacts:

Raid Abu-MannehGlobal co-head of Mayer Brown’s

International Arbitration Practice

London

+44 20 3130 3773

rabu-manneh@mayerbrown.com

Menachem M. HasoferGlobal co-head of Mayer Brown’s

International Arbitration Practice

Hong Kong

+852 2843 2384

menachem.hasofer@mayerbrownjsm.com

For more information about Mayer Brown’s

International Arbitration practice, and for contact

details of other team members, click here or please see:

http://www.mayerbrown.com/experience/

International-Arbitration/?section=people

Regional Contacts:

UNITED STATES:

B. Ted Howes+1 212 506 2279

bhowes@mayerbrown.com

UNITED KINGDOM:

Kwadwo Sarkodie+44 20 3130 3335

ksarkodie@mayerbrown.com

Mark Stefanini+44 20 3130 3704

mstefanini@mayerbrown.com

FRANCE:

Dany Khayat+33 1 53 53 36 31

dkhayat@mayerbrown.com

Alejandro López Ortiz+33 1 53 53 18 62

alopezortiz@mayerbrown.com

GERMANY:

Dr. Jan Kraayvanger+49 69 7941 2071

jkraayvanger@mayerbrown.com

HONG KONG:

Thomas S.T. So+852 2843 4502

thomas.so@mayerbrownjsm.com