Law Office W. Patrick McPhilamy, III
Law Office W. Patrick McPhilamy, III 225 S Lake Ave #300, Pasadena, CA 91101 (626) 799-8000
ADR-Mediation-Arbitration. Handling an ADR dispute isn't an easy chore.
On the contrary, it's one of the most tedious and daunting chores. During the mediation process, you're likely to lose most of the points. Perhaps, you've to stay content with minimal compensation. Maybe, you enjoy a better settlement but lose the other party's confidence. All such situations could take a heavy toll on your life. To avoid any such scene, you need persistent support. He could come up with a much better settlement idea that's acceptable to both parties. ADR-Mediation-Arbitration. Florida district court holds that Federal Arbitration Act grounds for vacatur are inapplicable to an international arbitration award governed by the New York Convention - Global Arbitration News. Corporación AIC SA v.
Hidroelectrica Santa Rita SA, No. 19-20294-CV (S.D. Fla. Apr. 16, 2020) [click for opinion] Corporación AIC, S.A. (“Petitioner”) and Hidroelectrica Santa Rita, S.A. The parties were unable to resolve several disputes that arose from the project’s termination. Multi-tiered dispute resolution clauses: a reminder of the Court of Appeal's split decision - Global Arbitration News. The dispute resolution clause is often referred to as the “midnight clause” as it is commonly reviewed at the 11th hour of the contract negotiations.
As a result, many dispute resolution clauses, particularly arbitration clauses, are given insufficient consideration. Despite this multi-tiered dispute resolution clauses are commonly included in many agreements. The decision of Inghams Enterprises Pty Ltd v Hannigan  NSWCA 82 is a timely reminder of the importance of carefully drafting the dispute resolution clause. This case concerned an appeal from the Supreme Court of New South Wales on the question of whether a claim for unliquidated damages fell within the scope of the multi-tiered dispute resolution clause. Mainland China-Hong Kong Interim Measures Arrangement One Year On: Crossing the River by Feeling the Stones - Kluwer Arbitration Blog. On 1 October 2019, the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland of the Hong Kong Special Administrative Region (the “Arrangement”) came into force.
It was previously reported on the blog here and here. On 8 October 2019, the first interim measure under the Arrangement was granted by the Shanghai Maritime Court. We can expect to see more applications under the Arrangement. Inevitably, challenges will follow, creating a situation of “crossing the river by feeling the stones” (摸着石头过河) for parties and practitioners. Background Before the Arrangement, parties looked to local legislation for local courts to (1) recognise and enforce interim measures granted by tribunals in a foreign jurisdiction, and/or (2) itself issue interim measures over an arbitration commenced in a foreign jurisdiction.
As a starting point, in Mainland China, arbitral tribunals are not empowered to grant interim measures. International-arbitration-attorney. Bank Guarantees are a common feature of international construction contracts.
Bank Guarantees are typically used as a security for one party’s (usually the contractor’s) performance of its contractual obligations. Bank Guarantees frequently play a central role in construction disputes as well – either as an important aspect of background facts of the dispute or as a trigger event for one party to commence litigation or arbitration proceedings, for example, to prevent the wrongful call of Bank Guarantees. Is it possible to prevent the wrongful call of a Bank Guarantee and, if so, what is the correct forum? International-arbitration-attorney. Aceris Law is pleased to announce that it has won another arbitration, this time funded by a third-party funder, with its client receiving payment of all amounts awarded, minus the portion to be paid to the third-party funder.
Aceris Law assisted its client to secure third-party funding at no cost, prosecuted the arbitration successfully, and then secured and distributed payment to the third-party funder and its client. “Clients in need of funding do not realize that it is typically harder to secure third-party funding that to win an underlying arbitration,” said William Kirtley of Aceris Law. “While we have assisted clients in securing third-party funding a number of times, and Aceris Law has a significant advantage in securing funding since our arbitration budgets are always quite reasonable, only highly meritorious cases can, in fact, be funded. We have developed a checklist in order to see whether potential claims are likely to be funded based on our past experience. Warsaw Court of Appeal Defines Rules for Arbitral Tribunals in Matters Involving State Aid - Kluwer Arbitration Blog.
In its judgment of 26 November 2019 (I ACa 457/18), the Warsaw Court of Appeal gave its view on the duties of arbitrators and counsel in cases involving state aid.
In a well-argued decision, the Court reversed the decision of the lower court and annulled an award rendered by a prominent international tribunal on the grounds of public policy, namely, the failure to give effect to Articles 107 and 108(3) TFEU. It is a precedent-setting ruling with implications reaching far beyond Polish borders, which merits broad review and discussion. Background. Arbitration Reform in China: Keeping up with the Beijing Fourth Intermediate People's Court - Kluwer Arbitration Blog. In March 2020, the official Beijing judiciary website published the ground-breaking Big Data Research Report on Cases of the Beijing Fourth Intermediate People’s Court Involving Judicial Review of Arbitration (北京市第四中级人民法院仲裁司法审查案件大数据研究报告) (the “Report”).
Prepared by the China Arbitration Institute of China University of Political Science and Law (中国政法大学仲裁研究院), the Report covers 18 months of decisions involving “judicial review” of arbitration cases (仲裁案件司法审查) (“Judicial Review”) by the Beijing Fourth Intermediate People’s Court (北京第四中级人民法院) (“No. 4 IPC”). When the Report was first announced in December 2019, the No. 4 IPC also launched the comprehensive Standardization Guide for Adjudication of Cases Involving Judicial Review of Arbitration (仲裁司法审查案件审理规范指南) (the “Guide”).
The Report and the Guide are both likely to grow in influence. Background “Big Data” Research Report. The Contents of Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, Volume 86, Issue 3 (August 2020) - Kluwer Arbitration Blog. IN Memoriam Derek Roebuck (1935 – 2020) by Neil Kaplan With the passing of Derek Roebuck on 27 April the world of arbitration has lost its current and much-loved chronicler.
Although Derek was a prolific author of legal texts he will long be remembered for his outstanding volumes on the history of arbitration from earliest times until almost the present. Michael Davar & Ioana Bratu, ‘Recognition and Enforcement: Brussels V. Arbitration’. Jurisdiction or Admissibility? The Status of Time Bars Under Singapore Arbitration Law - Kluwer Arbitration Blog. Background and summary of the Singapore decisions.
Data Protection Considerations In UAE Related Arbitrations - Kluwer Arbitration Blog. The data protection regime in the UAE is complicated. Parties to arbitrations that have connections to the UAE, regardless of whether the arbitrations are seated here, should be aware of the data protection regime(s) that may apply to them to ensure that no unintended breaches occur and to consider whether the relevant data protection regulations offer any strategic benefits for the dispute.
In particular, parties should be aware that there are four different and distinct data protection regimes within the UAE. Onshore UAE has its own data protection regime and, in addition, the Dubai International Financial Centre (DIFC), the Abu Dhabi Global Market (ADGM), and Dubai Healthcare City (DHCC) each have their own data protection regimes.
Arbitration Reform Efforts Continue Despite Pandemic - Kluwer Arbitration Blog. Just like many of us have learned to work remotely these past few months, those leading the efforts to reform international arbitration have also had to endure the constraints imposed by the pandemic. At the first-ever virtual ITA-ASIL conference, held on 24 June 2020, Professor Chiara Giorgetti from the University of Richmond School of Law and Corinne Montineri, Senior Legal Officer at UNCITRAL’s Office of Legal Affairs and current secretary of Working Group III, provided those attending the conference via Zoom with an update of the work being performed by UNCITRAL Working Groups II and III. Although the pandemic has indeed forced certain meetings to be postponed, reform efforts continue largely unimpeded.
Expedited commercial arbitration Working Group II, with a mandate covering “Arbitration and Conciliation / Dispute Settlement,” managed to squeeze in a meeting in New York for its 71st session in February 2020. The challenge for Working Group II, according to Ms. ISDS reform. The Issue of the Seat of Arbitration in ODR Arbitration - Kluwer Arbitration Blog. Online dispute resolution (“ODR”) in international arbitration has been made feasible by the development of technology and its use has been stimulated by the Covid-19 pandemic that gave rise to higher demand for virtual proceedings. UNCITRAL Technical Notes on Online Dispute Resolution defines ODR as “a mechanism for resolving disputes through the use of electronic communications and other information and communication technology.”
Tonga Accedes to the New York Convention - Kluwer Arbitration Blog. On 12 June 2020, the Kingdom of Tonga (“Tonga“) acceded to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the “Convention“), being the 164th state party to do so. In the context of the Pacific region, Tonga is the 6th state to accede to the Convention after the Marshall Islands, the Cook Islands, Fiji, Papua New Guinea and, most recently, Palau, where the Convention entered into force on 29 June 2020. Tonga does not currently have any legal framework for arbitration, and its accession to the Convention is a landmark development which should improve the ease of doing business in Tonga and lead to increased confidence from foreign investors. Background Tonga is a Polynesian sovereign state and archipelago consisting of 169 islands in the South Pacific Ocean and with a population of approximately 100,000 people.
Extension of Exclusive Jurisdiction of Russian State Courts over Disputes Involving Sanctioned Persons: Protection of National Interests or a Threat to Party Autonomy? - Kluwer Arbitration Blog. On 19 June 2020, the new sanctions-related amendments to the Russian Commercial (Arbitrazh) Procedure Code entered into force. The main objective of the law is to protect the interests of Russian natural and legal persons who are unable to effectively resolve their disputes in court or arbitral proceedings outside Russia due to the imposition of foreign sanctions.
According to the amendments, Russian commercial courts have exclusive jurisdiction over cases where one of the parties (Russian individual and legal entity, or foreign legal entity) is subject to foreign sanctions or where the dispute itself arises out of foreign sanctions. The exclusive jurisdiction of Russian courts can be changed by an international treaty or a dispute resolution agreement unless the latter is held unenforceable as a result of impediments in “access to justice” as a consequence of foreign sanctions. Areas of Concern. Tax deadlines and COVID-19: Why delaying payments isn’t always a great idea. As we enter the sixth month of COVID-19 restrictions and lockdowns, a few things have become pretty clear: the economy is struggling, and so are taxpayers. Realizing that people — and, especially, small business owners — would need to stretch their money and make it last for some undetermined length of time, legislators across the country have responded with unprecedented stimulus measures (more on that here: including pushing back tax filing and payment deadlines.
Information Used to Attack Judge’s Family Gathered Via Online Search. Are Anonymous LLC’s The Answer to Protecting Personal Privacy in the Digital Age? Two weeks ago, the doorbell range at US District Court Judge Esther Salas’s home in New Jersey. 9th Baltic Arbitration Days 2020 - Global Arbitration News. The 9th Baltic Arbitration Days will be held in Riga, Latvia at the Dzintari Concert Hall in Jurmala and the Riga World Trading Center. Australian court enforces foreign arbitral award made in People’s Republic of China - Global Arbitration News. In the recent decision of Tianjin Jishengtai Investment Consulting Partnership Enterprise v Huang  FCA 767, the Federal Court of Australia (FCA) determined that an award made in the People’s Republic of China by the China International and Trade Arbitration Commission on 3 September 2018 (CIETAC Award) should be enforced in Australia. The Contents of Journal of International Arbitration, Volume 37, Issue 4 - Kluwer Arbitration Blog.
States’ Right to Interpret a Treaty and Whether It Should Be Binding in a Pending Case - Kluwer Arbitration Blog. The lack of a binding effect of a State’s right to interpret treaties has been raised as one of the reasons to reform the current Investor-State Dispute Settlement (“ISDS”) regime. The movement to reform the current ISDS regime led to the UNCITRAL Working Group III discussion (“WG III discussion”), which has been addressed in this blog multiple times. The WG III discussion considers both incremental and structural ISDS reform. Introduction Loree Reinsurance and Arbitration Law Forum. Introduction. International-arbitration-attorney. Japan is a pro-arbitration country with a number of arbitral institutions and organizations. Personal Takeaway from the Warzone: Organizing, Preparing and Attending a Two-Week Virtual Hearing - Kluwer Arbitration Blog. Virtual hearings are not a new idea. Revisiting India’s Position to Not Join the ICSID Convention - Kluwer Arbitration Blog.
The relationship between developing countries and the International Centre for Settlement of Investment Disputes (ICSID) has not been smooth, to say the least. Several developing countries such as Bolivia, Venezuela and Ecuador have pulled out from the ICSID Convention. India is one of the prominent developing countries that has refrained from joining the ICSID Convention, since its inception. Interviews Of Our Editors: “What Does Kluwer Arbitration Blog Mean To You?” - Kluwer Arbitration Blog. Paris Arbitration Week Recap: Arbitrating Allegations of Corruption in International Business Transactions - Problems and Solutions - Kluwer Arbitration Blog. How the Arbitration Law of the People’s Republic of China Should Be Modernised - Kluwer Arbitration Blog. The Impact of the COVID-19 Pandemic on Third Party Funding and Security for Costs in International Commercial Arbitration - Kluwer Arbitration Blog. SAS Institute Inc v World Programming Limited: Anti-enforcement Injunctions and Competing Judgments on Liability and Enforcement - Kluwer Arbitration Blog.
Competence-Corrections: Fifth Circuit in the US Says Arbitrators Decide What “Correction” Means - Kluwer Arbitration Blog. New Exclusive Competence of Russian Courts in International Sanctions-Related Disputes: Is It as Bad as It Sounds? - Kluwer Arbitration Blog. The London Chamber of Arbitration and Mediation - Kluwer Arbitration Blog. The Ambiguous Time-Bar for Enforcement of Foreign Awards in India - Kluwer Arbitration Blog. Playing Background Music At Your Business? You Might Be Breaking The Law. Fifth Circuit affirms dismissal of damages claims against arbitrators and the American Arbitration Association; holds that the sole basis for attacking an arbitration award is under the Federal Arbitration Act - Global Arbitration News. New York's highest court holds that arbitration panel did not exceed its authority by reconsidering a partial final award - Global Arbitration News.
Nurturing Discourse: An Overview of AIAC's Diversity in Arbitration Week - Kluwer Arbitration Blog. Colombia’s Council of State Defines the Contours of Arbitral Tribunals’ Procedural Discretion in a Recent Annulment Decision - Kluwer Arbitration Blog. International-arbitration-attorney. ECT Modernisation Perspectives: The Energy Charter Treaty and EU Law - A Cherry-Picking Relationship? - Kluwer Arbitration Blog. ECT Modernisation Perspectives: “Can the EU Make the ECT the Greenest Investment Treaty of them All?” - Kluwer Arbitration Blog. Developing an Archetypal ISDS Arbitrator: Unicorn or Rhinoceros - Kluwer Arbitration Blog. ECT Modernisation Perspectives: Quantum Indetermination in the Current ECT Framework – A Need to Revamp Damages Provisions in the Pursuit of Full Reparation - Kluwer Arbitration Blog. AFSA Launches New International Arbitration Rules for Public Comment - Kluwer Arbitration Blog.
ECT Modernisation Perspectives: Reforming the Fair and Equitable Treatment Protection - Kluwer Arbitration Blog. FAA Sections 9 and 207 Loree Reinsurance and Arbitration Law Forum. ADR-Mediation-Arbitration. ECT Modernisation Perspectives: ECT Modernisation and the Denial of Benefits Clause: Where the Practice Meets the Law - Kluwer Arbitration Blog. Pandemic Arbitration: A Time to Sow? - Kluwer Arbitration Blog.
ECT Modernisation Perspectives: Modernisation of the Energy Charter: The Long Story Told Short - Kluwer Arbitration Blog. Amazon to Start Displaying Sellers’ Names and Addresses on September 1, 2020. Investor, Partner or Vendor? How to Contribute to a Company and Benefit By It. One Man Holds Many Possible Trademarks For The “New” Washington Redskins. Arbitration Statistics 2019- How did arbitration institutions fare in 2019? - Global Arbitration News. The Swedish Court of Appeal again rejects Spain's request of a preliminary ruling from the Court of Justice of the European Union (CJEU) - Global Arbitration News.
The Contents of the ASA Bulletin, Volume 38, Issue 2 (June 2020) - Kluwer Arbitration Blog. ECT Modernisation Perspectives: An Introduction - Kluwer Arbitration Blog. International-arbitration-attorney. Law Office W Patrick McPhilamy III Los Angeles California. Law Office W Patrick McPhilamy III Los Angeles CA. Home.