Welcome to the 26th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and in-house counsel with responsibility for dispute resolution.
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In this edition, we report on the much-anticipated decision of the U.S. Supreme Court in BG Group PLC v. Republic of Argentina regarding the respective roles of courts and arbitrators in deciding threshold issues of arbitrability or jurisdiction. We review a recent decision of the Indian Supreme Court in the context of the wider changes in India regarding international arbitration in recent years, as well as a decision of the Full Federal Court of Australia regarding the implications of seeking to resist enforcement of an award after already unsuccessfully challenging the award at the seat of arbitration.
We include articles on the new arbitration rules issued by the Japan Commercial Arbitration Association (JCAA) and the Vienna International Arbitration Centre (VIAC) and report on the interesting development of the introduction of “Optional Appellate Arbitration Rules” by the American Arbitration Association (AAA) / International Centre for Dispute Resolution (ICDR).
We consider the potential issues that may arise with short-form ‘ad hoc’ arbitration clauses, and continue our series of articles on means of protecting foreign investments with a review of the means of access to relevant dispute resolution mechanisms. We also provide our usual updates on developments from around the globe in international arbitration and investment treaty arbitration.