News and Developments in International Arbitration
In a new feature of Migalhas International, we have collected comments from around the world on distinct arbitration topics. These comments are noteworthy for their unique, and they should enlighten both experts and novices in the field of arbitration. We hope you find these comments interesting and look forward to your feedback.
Edited by Mauricio Gomm Santos and Quinn Smith
Migalhas on International Arbitration
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Nº1 - Fall 2009
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· This first edition presents a number of timely topics. Following up on the ICC Conference in Miami, Manuela de la Helguera presents an overview of confidentiality in arbitration in Latin America.
· Natasa Lalatovic provides another example of a country that has adopted the UNCITRAL Model Law on International Commercial Arbitration, commenting on the new Arbitration Act in Serbia.
· Growing change in employment arbitration in the United States to find claims non-arbitrable.
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| Nº2 - Fall 2010 |
· The second issue of Migalhas on International Arbitration picks up where the first issue left off: analyzing distinct issues from around the world in the field of international arbitration.
· First, Olexiy Kostromov of Clifford Chance in Ukraine offers an insightful look at the legal and practical challenges facing the enforcement of arbitration agreements and awards in Ukraine. His analysis provides an insider’s view of the court system while also providing an overview of some of the issues arising from Ukrainian law.
· Second, Fernando Mantilla-Serrano of Shearman & Sterling in Paris ruminates on arbitrator independence in the increasing public forum of arbitral awards. He provides a concise overview of the challenges facing arbitrator independence with suggestions on how to provide greater assurances to arbitration observers on the quality of the arbitrators involved in international arbitral proceedings.
· Finally, Richard Lorenzo and Kristen Foslid of Hogan Hartson in Miami chronicle recent developments in the enforcement of arbitration agreements in the Florida courts. For this important arbitration situs, it appears courts are increasingly favoring the enforcement of arbitration clauses, choosing to enforce clauses using the word "may."
· The authors provide a complete yet brief review of the topic. This second issue builds on Migalhas’ tradition of timely, helpful updates on legal developments, and we encourage readers to contact us with any developments in their home countries. With over 70,000 readers, we trust that the Migalhas network can provide a wide-ranging overview of topics.
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Nº3 - Fall 2010
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· In this third issue of Migalhas on International Arbitration, we continue to dig in to an array of interesting legal issues from around the world.
· First, Daniel Gonzalez and Maria Ramirez of Hogan Hartson in Miami, Florida, give a practical series of steps to enforcing foreign arbitral awards within the United States. The article comes in two parts, both of which provide a complete picture of the issue.
· Second, Annmarie Grosshans from Schorndorf, Germany, gives readers an overview of interim measures under German law. The topic is a strong foundation in the legal underpinnings supporting the arbitral process.
· Finally, Aliaksandr Danilevich from Minsk, Belarus, reviews the process for enforcing foreign arbitral awards in Belarus. His practical insights reveal a stable legal regime regarding the recognition and enforcement of foreign arbitral awards, including the use of the UNCITRAL Model Law on International Commercial Arbitration.
· After three issues, hopefully Migalheiros have gained a broader appreciation for a number of timely topics while thinking of ideas of their own. As we grow, make sure to keep in touch and let us know the latest changes in your home country. In the next issues, we will continue our global survey of arbitration law, relying on our readers to keep it going.
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| Nº4 - Fall 2010 |
· In this fourth issue of Migalhas on International Arbitration, we feature articles from two nations new to our column plus part 2 of a two-part series on enforcing foreign arbitral awards in the United States.
· First, Niccolò Landi and Niccolò Namari of Gianni, Origoni, Grippo & Partners in Italy provide a timely update on Italian law regarding the use of digital signatures on a contract containing an arbitration clause. The conclusion is crucial as electronic signatures increasingly form an important part of international commerce.
Next, Jonathan Pitman of Pitman & Co. in the United Kingdom notes some of the key elements of the award of costs and fees under the English Arbitration Act of 1996. The differences are important, and English law can provide a powerful remedy for frivolous arguments.
· Finally, Daniel Gonzalez and Maria Ramirez of Hogan Hartson in Miami, Florida, finish their two-part series on enforcing foreign arbitral awards within the United States. Their helpful insights on service and non-appeal provisions instruct readers on how to avoid some of the more pressing problems in enforcing foreign arbitral awards.
· Look for more interesting articles from Migalhas contributors in the future. In upcoming issues, we will continue to cast a wide view over the field of international arbitration throughout the world. Feel free to contact us with your thoughts and opinions so that we can keep providing our readers with timely topics and practical tips.
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| Nº5 - Fall 2010 |
. In this fifth issue of Migalhas on International Arbitration, we feature articles from another nation new to our column, a different look at enforcing arbitral awards in Belarus, and an interesting article devoted to analyzing the role of Miami, Florida, as a seat of international arbitrations.
. First, Dr Maciej Zachariasiewicz from the law firm Popiołek, Adwokaci i Doradcy in Katowice, Poland, looks at the role of public policy in enforcing arbitral awards in Poland. The article looks at issue with little case law in Poland and gives readers a thought provoking way to analyze the issue.
. Next, Alexey Anischenko and Maria Yurieva from the Minsk office of the reputable firm SORAINEN turn our attention to Belarus again, giving readers a statistical overview of enforcing award in Belarus with practical tips for implementation.
. Finally, Andrew Riccio from the University of Miami looks at Miami, Florida, as a seat of international arbitration. With the competition for hosting arbitrations heating up, the article should help those considering Miami as a potential seat.
. We continue to encourage our readers to give us suggestions for future articles. It would be especially interesting for any readers who would like to promote a location as a seat of arbitration.
. If you are from a location growing as a center for international arbitrations, send us an email and let us know. We look forward to hearing from you soon.
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ABOUT THE EDITORS
As practitioners in the field, at Smith International Legal Consultants we believe it is important to keep up with recent developments. Our practice includes years of experience in international arbitration, and our professionals have served as both advocates and arbitrators in disputes handled by some of the major arbitral institutions in the world. In addition to our work, we routinely publish articles, speak at conferences, and engage in academic initiatives and professional groups on topics related to international arbitration. We look forward to sharing with you some of the thoughts from commentators around the world, and if you would like to learn more about our firm, feel free to visit our website at www.smintlaw.com.
Mauricio Gomm-Santos is a Brazilian attorney, Foreign Legal Consultant with Smith International Legal Consultants, P.A. in Miami, FL, and Professor of Law at the University of Miami. He can be reached at mauricio.gomm@smintlaw.com.
Quinn Smith is an American attorney at Smith International Legal Consultants, P.A. in Miami, FL, and guest lecturer at UNICURITIBA. He can be reached at quinn.smith@smintlaw.com.