October 2020 - international litigation blog
archive,date,ajax_fade,page_not_loaded,,select-child-theme-ver-1.0.0,select-theme-ver-3.4,wpb-js-composer js-comp-ver-4.12.1,vc_responsive

October 2020

U.K Supreme Court Clarifies Rules To Determine Arbitration Agreements’ Governing Law

On 9 October 2020, the U.K. Supreme Court (the Supreme Court) handed down a judgment in which it ruled on the law governing an arbitration agreement.

Building on previous decisions handed down by English courts (in particular the decision of the English Court of Appeal in Sulamérica Cia Nacional de Seguros SA v. Enesa Engenharia SA), the judgment of the Supreme Court provides greater clarity in respect of the test to be applied to determine the governing law of an arbitration agreement, especially when the law applicable to the underlying contract containing that arbitration agreement differs from the law of the seat of arbitration.READ MORE


U.S. Supreme Court Rules on Whether Domestic Doctrines Bind Non-Signatories to Int’l Arbitration Agreement Under New York Convention

By Erico Bomfim de Carvalho – Partner at Advocacia Velloso in Brasília (Brazil).

On 1 June 2020, the U.S. Supreme Court (the Supreme Court) issued its unanimous decision in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC.

The issue of the case can be summarized as follows: whether the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention), conflicts with domestic doctrines (such as equitable estoppel) that permit the enforcement of arbitration agreements by non-signatories.

The Supreme Court answered in the negative: the New York Convention does not conflict with such domestic doctrines. Therefore, under the New York Convention, individuals or entities that have not signed an arbitration agreement (i.e., non-signatories) are allowed to compel arbitration under the domestic doctrine of equitable estoppel.

The decision is important in many aspects. Most notably, the decision reaffirms the New York Convention’s pro-arbitration policy and shines light on the symbiotic interaction between Chapters 1 and 2 of the Federal Arbitration Act (the FAA).READ MORE


Singapore Convention on Mediation Enters Into Force

On 12 September 2020, the Singapore Convention on Mediation (also known as the United Nations Convention on International Settlement Agreements Resulting from Mediation – the Convention) entered into force.

Pursuant to its Article 14, the Convention entered into force six months after the third signatory State (i.e., Qatar) completed its ratification process (i.e., on 12 March 2020). Thus far, the Convention has been signed by 53 signatories and has been ratified by 6 countries (Singapore, Fiji, Qatar, Saudi Arabia, Belarus and Ecuador).READ MORE