Insights on International Arbitration & Dispute Resolution

The Monthly Wrap: News, insights, and analysis from Arent Fox’s International Arbitration team.

LOS ANGELES – Arent Fox LLP International Arbitration & Dispute Resolution Partners Lee M. Caplan and Jeffrey R. Makin and Associates Diane Roldan and Karen Van Essen authored the California Contribution to the Delos Guide to Arbitration Places, which is now available online.

New York Partner Hunter Carter was quoted in an article published by Law360 regarding international arbitration trends to watch in 2018. Mr. Carter specifically spoke with Law360 about an increased focus on diversity in the field of international arbitration.

Earlier this month, the Irish Times profiled International Arbitration & Dispute Resolution leader Timothy J. Feighery, who was born in the US to Irish parents and grew up in Tullamore in Co Offaly. Tim focuses on international arbitration, dispute resolutions, and post-conflict claims work.

The 2017 edition of Legal 500 US has rated 50 Arent Fox LLP attorneys as national leaders in their field. In addition, 17 of the firm’s practice areas were ranked among the best in the country. Legal 500 highlighted Arent Fox’s extensive capabilities across a number of areas of the law.

Charges that investor-state arbitration is undemocratic, undermines national sovereignty, and prevents necessary regulations have prompted some states to develop new approaches to the field. Recent initiatives in Africa and South America aim to readjust the system in two very different ways.

A watchdog organization known as Transparentem has uncovered dire working conditions in the heavily polluted tanneries located outside of Dhaka in Bangladesh.

An independent Working Group led by three international law specialists from Sweden, the Netherlands, and the United States has recently proposed drafting a specialized set of arbitration rules to resolve alleged human rights abuses by businesses.

On March 1, 2017, new changes to the International Chamber of Commerce Rules of Arbitration will take effect that are designed to make the process more transparent, efficient, and cost-effective—especially with regard to disputes of less than USD $2 million. 

International arbitration awards usually have little chance of being vacated, but a recent decision by the US District Court for the Southern District of New York overturned an award because the parties did not in fact agree to arbitrate. Arbitration, the court ruled, is about consent, not coercion.

On October 19, the United Nations hosted at its headquarters in New York an exclusive premiere of “The Uncondemned” in advance of the film’s US release.

Latin Lawyer featured work by partners Hunter Carter, Lee Caplan, and Timothy Feighery and associate Cesar Francia after they helped liberate a Peruvian farmers’ cooperative from a $2.6 million arbitration award brought by commodity trader Transmar Commodity Group. 

Latinvex has rated Arent Fox a top international law firm for companies operating in Latin America. In addition, the publication named Arent Fox one of the best firms for Latin American businesses in need of arbitration, FCPA and fraud counseling.

Partner Hunter Carter was quoted in an article for the Washington Blade after Chilean President Michelle Bachelet discussed her plan to pass bills that would legalize same-sex marriage and allow transgender persons to change their name and gender without surgery or a court order.  

Another investor-State arbitration tribunal has dismissed a claim for abuse of process.

International Arbitration partner Timothy Feighery spoke with Law360 after the Permanent Court of Arbitration rejected a challenge by Philip Morris to Australia’s plain-packaging legislation for cigarettes.

In an international arbitration administered by the Permanent Court of Arbitration, an arbitral tribunal rejected Philip Morris International Inc.’s effort to challenge Australia’s “Plain Packaging” law for tobacco products on grounds of treaty shopping.

Arent Fox Partner Timothy Feighery spoke with CubaStandard recently for a special feature titled, “As normalization talks proceed, eyes turn towards US claims.”

Partner Hunter Carter’s insights on the recently revealed and globally sensational FIFA corruption case were featured in the June 12 edition of Chile’s leading financial magazine, Capital.

Partner Hunter T. Carter was invited by the Office of the Mayor of Medellín, Colombia, to give the keynote speech of the Summit Meeting of “May for Life,” a month-long series of activities promoting peace and nonviolence in Colombia.

On May 18, partner Hunter T. Carter participated in the conference “Corrupción y sector privado: La experiencia chilena e internacional” or “Corruption and the private sector: The Chilean and international experience” in Santiago, Chile with the President of Chile Transparente, the Chilean regional

Iran and the United States, along with Russia, China, France, the UK, and Germany announced that they have reached an agreement on the key parameters for a Joint Comprehensive Plan of Action regarding the Iran nuclear program in exchange for the termination of certain sanctions.

Chambers Global: The World’s Leading Lawyers for Business has recognized Arent Fox’s Bankruptcy & Financial Restructuring, Intellectual Property, International Arbitration & Dispute Resolution, and International Trade practices in its annual worldwide rankings of top law firms.