Arbitration in the Americas

NOTE: This document contains links to guidance on the International Centre for Dispute Settlement (ICDR)'s 2021 International Arbitration Rules. The new edition of the ICDR International Arbitration Rules has been published, and entered into force on 1 March 2021.

Arbitration in the United States of America (USA or US)

Arbitration in the US—Getting the Deal Through guide

This guide, published by Getting the Deal Through (GtDT), provides an introduction to Arbitration in the United States of America covering such topics as: arbitration agreements, constitution of arbitral tribunal, jurisdiction, arbitral proceedings, interim measures, awards, proceedings subsequent to issuance of award and update and trends. See Practice Note: Arbitration—USA—Q&A guide.

Enforcing a New York Convention award in the USA

This Practice Note sets out how to enforce an arbitral award in the USA, taking into account the Federal Arbitration Act, the criteria set out in the New York Convention and considerations of the local court. It also sets out the practicalities of filing suit, such as where to file and the documents required. See Practice Note: Enforcing a New York Convention award in the USA.

Defences

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Latest Arbitration News

PCA convenes initial meeting in EU-UK fishing dispute arbitration

The Permanent Court of Arbitration (PCA) has announced that the initial organisational meeting for the arbitration between the European Union and the United Kingdom, concerning the UK's prohibition of sandeel fishing in certain waters, took place on 18 November 2024. The three-member Tribunal, chaired by Dr. Penelope Ridings, consulted with the parties on procedural matters and submission schedules. The PCA, acting as Registry, will administer the proceedings. Notably, the Tribunal has agreed to accept amicus curiae submissions until 28 November 2024, subject to specific criteria outlined in Rules 40-42 of Annex 48 of the Trade and Cooperation Agreement. This development marks the formal commencement of arbitration proceedings in this significant fisheries dispute between the EU and post-Brexit UK.

QICCA concludes 5th world conference with key recommendations for arbitration

The Qatar International Centre for Conciliation & Arbitration (QICCA) has concluded its 5th world conference on international arbitration with several significant recommendations for enhancing arbitration practice. Key proposals include allowing Court of Cassation review of arbitration award rulings, seeking UNCITRAL guidance for legislation drafting, and developing guidelines for arbitrator conduct and appointments in ad hoc arbitration. The conference affirmed the importance of applying the law of the arbitration seat to international agreements and called for improved arbitrator disclosure rules. Discussions also covered arbitrator ethics, qualifications, and the role of national courts in supporting arbitration. These recommendations aim to strengthen arbitration processes and align practices with international standards

Arbitration weekly highlights—21 November 2024

This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions from the English High Court and the USA, news from JCAA and CIArb, and updates on arbitration developments from China, India and the LCIA. All this, and more in our weekly highlights.

King's College London publishes third annual report on UK construction adjudication trends

The Centre of Construction Law and Dispute Resolution at King's College London, in collaboration with The Adjudication Society, has released its third annual report on construction adjudication in the United Kingdom. The 2024 report reveals a record number of 2,264 adjudication referrals, indicating the growing popularity of this dispute resolution method. The report also highlights progress in diversity initiatives, with 7 out of 10 participating Adjudicator Nominating Bodies (ANBs) now signatories to the Equal Representation in Adjudication Pledge. However, women still comprise only 8.9% of adjudicators on ANB panels that maintain diversity records, with TECBAR leading at 20% female representation. The comprehensive study provides valuable insights into various aspects of adjudication, including referral trends, nomination fees, competency requirements, claim values, dispute causes, procedural durations, complaints, enforcement issues and the impact of insolvency on adjudication proceedings.