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Domestic:
1. China National Arbitration Annual Conference was held in Shanghai on 13 December 2010.
China National Arbitration Annual Conference was held in Shanghai on 13 December 2010. Leaders from Legislative Affairs Office of the State Council, the Legislative Affairs Committee of the National People’s Congress, Supreme People’s Court and other relevant central government departments, and representatives of 11 legal institutions at provincial level attended the Conference. 300 representatives from more than 150 nationwide arbitration commissions attended the Annual Conference. During the conference, discussion on new measures for developing arbitration service under new situation was held based on a summary of the development pattern and experience of arbitration service with Chinese characteristics.
http://www.fabao365.com/news/644640.html
2. CIETAC Entered into Cooperation Agreement with Chinese General Chamber of Commerce (HK)
To promote healthy development of economic and commercial investment in both mainland and Hong Kong, and to provide companies invested by Hong Kong operators with first class and high-efficient arbitration and legal service, on January 11, Yu Jianlong, the Deputy Director and Secretary General of China International Economic and Trade Arbitration Commission (CIETAC) signed a Cooperation Agreement with Lin Guangming, the Deputy Chairman of Committee of Mainland Affairs of Chinese General Chamber of Commerce (HK). According to the Agreement, the two organizations will have diversified and extensive cooperation in serving enterprises in Hong Kong and mainland and providing information exchange so that help enterprises enhance their awareness of preventing from the commercial disputes and capability in dealing with such disputes, and encourage enterprises to settle disputes through arbitration, mediation or other ways.
http://cn.cietac.org/NewsFiles/NewsDetail.asp?NewsID=1015
3. The First Intellectual Property Arbitration Court in West China Was Established in Chongqing
Chongqing, 5 January (Xinhua News Agency): Chongqing Intellectual Property Arbitration Court was established on 9 December 2010, which is the first in west China, and the second in China. Wang Dajun, the Vice President of Chongqing Intellectual Property Arbitration Court said, compared to litigation and other intellectual property related dispute settlement mechanisms, arbitration had its advantage in many aspects, such as the expertise, finality, efficiency, confidentiality and affirmatory jurisdiction, which made arbitration become the first choice of concerned parties of developed countries in Europe and America.
http://www.ccarb.org/news_detail.php?VID=19717
4. The 4th Forum of China’s Arbitration and Judiciary and 2010 Annual Conference of China Academy of Arbitration Law (CAAL) Was Held in Chongqing
The 4th Forum of China’s Arbitration and Judiciary and 2010 Annual Conference of China Academy of Arbitration Law (CAAL) was held in Chongqing. The conference was jointly hosted by CAAL, CIETAC, CMAC, and the 4th Civil Tribunal of Supreme People’s Court. At the conference, the work of CAAL of the last year was summarized and the work plan for 2011 was made. Gao Xiaoli, the Justice of the 4th Civil Tribunal of Supreme People’s Court and Yao Hong, the Director of Civil Law Office of the Legislative Affairs Committee of the National People’s Congress were invited to deliver the Report on Provisions on Several Issues that Concern Disputes Involving Foreign-founded Enterprise and the Report on the Modification to Civil Procedural Law.
http://www.china-arbitration.com/news.php?id=2048
International:
1. Top practitioners take the lead at CIArb
This month sees several prestigious appointments for the Chartered Institute of Arbitrators (CIArb). Leading international arbitrator Doug Jones AM FCIArb takes up his appointment as CIArb President and John Wright FCIArb, a solicitor and construction disputes specialist, becomes Chairman of the Board of Trustees.
http://www.ciarb.org/news/ciarb-news/top-practitioners-take-the-lead-at-ciarb.php
2. Illinois Supreme Court Rules that Arbitration Agreement Is Unenforceable Because It Selects the National Arbitration Forum, Which No Longer Handles Consumer Arbitrations
In July 2009, the National Arbitration Forum (NAF)—then one of the largest arbitration providers in the United States—stopped accepting new arbitrations involving consumers. One of the affected businesses was Gateway, Inc., because its standard agreements with consumers who purchase computers included a provision selecting the NAF as the forum for arbitrating disputes. Last week, the Illinois Supreme Court held that Gateway’s consumer arbitration provision is unenforceable because the NAF is no longer available to administer the arbitration. Carr v. Gateway, Inc., __ N.E. 2d __, 2011 WL 329115 (Ill. Feb. 3, 2011).
http://www.mayerbrown.com/publications/article.asp?id=10422&nid=6
3. France enacted its new arbitration law
In a decree dated 13 January 2011, France enacted a reform of its already arbitration friendly law of domestic and international arbitration. The reforms - described in more detail in earlier Herbert Smith e-bulletins (available here in both French and English) - confirm and strengthen the long-standing French pro-arbitration policy. The changes ensure that the French arbitration law remains one of the most modern, keeping in step with changes in arbitration since the previous law was introduced, and maintain France's status as a preferred venue for international arbitration.
http://www.herbertsmith.com/NR/rdonlyres/C553CE00-E0BF-42EA-8139-1BE6B47B642D/0/ProposedMultiTopicEBulletin18Jan2011.html#6
4. India - arbitration law reform on the way
The Indian Ministry of Law and Justice (the "Law Ministry") has recently published a consultation paper which proposes far-reaching amendments to the existing Indian Arbitration and Conciliation Act 1996 (the "Arbitration Act"). The Arbitration Act is based on the UNCITRAL Model Law and was designed to bring Indian arbitration law in line with international practice.
http://www.herbertsmith.com/NR/rdonlyres/C553CE00-E0BF-42EA-8139-1BE6B47B642D/0/ProposedMultiTopicEBulletin18Jan2011.html#6
5. Seventh Circuit Permits Reinsurance Arbitration To Proceed, Rules Arbitrator Is Disinterested As Required By Contracts
On January 31, the U.S. Court of Appeals for the Seventh Circuit reversed a lower court ruling that enjoined an arbitration from proceeding on the theory that one of the arbitrators was not "disinterested" because of knowledge gained from a prior confidential arbitration between the parties.? See Trustmark Ins. Co. v. John Hancock Life Ins. Co., No. 09-3682 (January 31, 2011).? In holding that the arbitration should proceed, the Court of Appeals issued an opinion that is likely to have significant implications for companies faced with consecutive arbitrations involving the same issues and parties.?
http://www.crowell.com/NewsEvents/Newsletter.aspx?id=1630
6. Hong Kong enacts new Arbitration Ordinance
The long-awaited new Arbitration Ordinance (Chapter 609) (“the Ordinance”) was recently enacted in Hong Kong and is expected to come into force in the first half of 2011. The Ordinance heralds significant reform of the arbitration regime in Hong Kong and reflects the Government’s attempt to promote Hong Kong as a regional centre for international arbitration. This article outlines the background and object of the reform, and summarises two key changes contained in the Ordinance.
http://www.allenovery.com/AOWEB/Knowledge/Editorial.aspx?contentTypeID=1&itemID=59787
7. Irish New High Court rules on mediation and conciliation
New High Court Rules on Mediation and Conciliation (the “Rules”), under which a High Court judge may adjourn legal proceedings to allow the parties to engage in alternative dispute resolution (ADR), may yield an increase in the number of medical negligence claims being settled through mediation, conciliation or other forms of ADR.
http://www.mop.ie/publications/New-High-Court-rules-on-mediation-and-conciliation.htm
8. In America, Insured's Breach of Contract Claim, But Not Bad Faith Claim, Subject to Arbitration
A federal district court has held that, under California law, a company’s breach of contract claim against its insurer, which had issued the company an employment practices liability policy, fell within the scope of the policy’s arbitration clause, while the company’s claim for breach of the covenant of good faith and fair dealing fell outside the scope of the clause. AG La Mesa LLC v. Lexington Insurance Co., 2011 WL 11504 (S.D. Cal. Jan. 3, 2011).
http://ca.linexlegal.com/transit.php?content_id=1472089&userid=78611&log=
e985bacc66c65470e9e79de9f725a422&idx=
9. International Arbitration against Hungarian Special Sales Tax
In January 2011 a new law came into force in Hungary with the aim of reducing Hungary's massive public debt. Certain companies doing business in Hungary will have to pay a special tax of up to 6.5% on their annual turnover for the years 2010, 2011 and 2012. The new tax affects companies in the energy, telecoms and retail sectors.
http://www.klgates.com/newsstand/Detail.aspx?publication=6866
10. UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE ADOPTS REVISED UNCITRAL ARBITRATION RULES
On 25 June 2010, the United Nations Commission on International Trade Law (UNCITRAL) adopted a revised version of its Arbitration Rules, which are widely used in ad hoc international arbitrations (i.e., international arbitrations not conducted under the purview of an institution or administering body).
http://www.ssd.com/files/Publication/740655ed-9591-4a91-be80-5ad84a7b2b63/Presentation/PublicationAttachment/bc814bbc-7af4-42b4-a2e8-5b04ab3c4107/Article-UNCITRAL_Arbitration_Rules_%28Anway%29.pdf
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