Practical Law

In Alexander Brothers Ltd (Hong Kong SAR) v Alstom Transport SA and another, Cockerill J, sitting in the English Commercial Court, upheld an order granting enforcement of an ICC award. The respondent, Alstom, had argued unsuccessfully that enforcement of the award would be contrary to public policy, since there were “indicia” of corruption in the … Continue reading When there’s smoke but no fire: English court rejects defence based on “indicia” of corruption →

On 16 August 2019, the International Centre for the Settlement of Investment Disputes (ICSID) published its third working paper on its proposed amendments to the ICSID Arbitration Rules. ICSID intends to submit the revised rules to member states for consultation in November 2019 and to approve the final text of the rules next year.

In recent years, US federal procedural law has emerged as a powerful weapon in cross-border disputes. In particular, section 1782 of Title 28 of the United States Code (28 USC §1782) allows district courts in the US to order the discovery of evidence for use in foreign and international proceedings, including, according to several courts, … Continue reading The long reach of US discovery: English Commercial Court allows enforcement of 28 USC §1782 discovery order →

On 30 August 2017, the Moroccan Parliament ratified the Morocco-Nigeria bilateral investment treaty (BIT), which now awaits ratification by Nigeria. This treaty, part of a suite of agreements signed between Morocco and Nigeria at a ceremony in Casablanca in December 2016, is intended to herald a “strategic partnership” at a time when the two countries … Continue reading The Morocco-Nigeria BIT: a new breed of investment treaty? →