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So far Chang Law has created 53 blog entries.

Arbitral Institutions Join Together to Assist Proceedings Affected by COVID-19

How will my arbitration be affected by COVID-19?

In a recent joint statement, arbitral institutions serving all around the world have come together to help answer questions about arbitral proceedings affected by COVID-19. With the implementation of social distancing and suggested bans on group gatherings, arbitration hearings have not been able to proceed as usual. However, these arbitral institutions are working to help create more stability in the midst of the unknown.

First, the institutions reminded parties and tribunals affected by COVID-19 to discuss the potential impacts and how they would like to address them. The cooperation and collaboration of the parties is […]

Arbitral Institutions Join Together to Assist Proceedings Affected by COVID-19 2020-04-18T16:07:03+00:00

California Supreme Court Rules Hague Service Convention May Be Waived, Upholding Party Autonomy in International Arbitration

On 2 April 2020, the California Supreme Court held that parties can waive the Hague Service Convention in their arbitration provisions when they agree on a specified manner of service. The decision in Rockefeller Technology Investments (Asia) VII v. Changzhou Sinotype Technology Co. has long been awaited because of its potential impact on international arbitrations.

In this opinion, the Supreme Court of California reversed an appellate decision which had upheld application of the Hague Service Convention, despite an arbitration clause specifying the manner of service. The reversal is seen as a victory for arbitration advocates, including the California International Arbitration Council (

California Supreme Court Rules Hague Service Convention May Be Waived, Upholding Party Autonomy in International Arbitration
2020-04-15T14:26:05+00:00

Hague Court of Appeals Reinstates Yukos Oil Award for $50B against Russia

Earlier in February, the Hague Court of Appeals reinstituted an arbitral order against Russia to pay $50 billion to the shareholders of the former Yukos Oil Company for expropriation. This decision overturned a Hague District Court opinion that set aside the arbitral award based on the PCA’s lack of jurisdiction.

The original argument for lack of jurisdiction relied on the fact that the Energy Charter Treaty (ECT), of which Russia has not signed, was the basis for the case. However, the appellate court determined that Russia had promised to apply the ECT provisionally and that there was no conflict with the arbitration provision therein. […]

Hague Court of Appeals Reinstates Yukos Oil Award for $50B against Russia 2020-03-11T16:21:41+00:00

New Hague Rules on Business and Human Rights Arbitration Unveiled in The Hague

The New Hague Rules on Business and Human Rights Arbitration

The Permanent Court of Arbitration in the Hague hosted a symposium at the Peace Palace to debut the new Hague Rules on Business and Human Rights Arbitration on December 12, 2019. These rules permit arbitration of disputes regarding business activities that affect human rights. Their purpose is to fill the gaps of judicial remedy and dispute resolution avenues under the UN Guiding Principles on Business and Human Rights (UN Guiding Principles).

The Hague Rules came out of a five-year project, led by the Center for International Legal Cooperation (CILC) and headed by

New Hague Rules on Business and Human Rights Arbitration Unveiled in The Hague
2020-02-23T23:19:21+00:00

Second Circuit Expands Jurisdictional and Extraterritorial Reach of US Discovery Statute

28 USCS § 1782 has once more been the focus of a recent case for discovery in proceedings located outside of the US (a comprehensive look at current issues of Section 1782 can be found here). Decided by the Second Circuit on October 7th, the decision in In re del Valle Ruiz, case number 18-3226, permitted discovery from parties over  whom the district court has personal jurisdiction.

Section 1782 was enacted in order to allow judicial assistance from US courts for foreign or international tribunals and litigants. The text of the […]

Second Circuit Expands Jurisdictional and Extraterritorial Reach of US Discovery Statute 2019-11-03T17:34:52+00:00

US Appellate Court Approves US Discovery In Aid of International Arbitrations Seated Outside US

28 USCS § 1782 is a US federal statute which permits parties to seek discovery of documents and other items in US federal courts, for use in proceedings based outside of the US. A recent case, Abdul Latif Jameel Transp. Co. v. FedEx Corp, 2019 U.S. App. LEXIS 28348 (“FedEx Corp.”) creates a split, or disagreement, amongst influential Circuit Courts (federal courts of appeal) about whether the statute applies to international arbitrations seated outside of the US.

Last week, the Sixth Circuit Court of Appeals in FedEx Corp. answered in the affirmative, authorizing the use of 28 USCS § 1782 to apply to private international arbitrations seated […]

US Appellate Court Approves US Discovery In Aid of International Arbitrations Seated Outside US 2019-09-29T14:20:02+00:00

CIAC Files Arbitration Amicus Brief to CA Supreme Court

Last week, the California International Arbitration Council (“CIAC”) filed an amicus curiae brief with the Supreme Court of California in the Rockefeller Technology Investments (Asia) VII v. Changzhou Sinotype Technology Co., Ltd. case. Because this case may have a significant impact on arbitration in California, CIAC’s brief supports a ruling for Rockefeller.

The case revolves around a soured investment partnership between an American and Chinese company. In their contract, the parties agreed to an arbitration clause seated in Los Angeles. Additionally, they agreed that service of notice should be through FedEx or other similar courier. Rockefeller followed these steps to initiate an arbitration, but […]

CIAC Files Arbitration Amicus Brief to CA Supreme Court 2019-09-06T23:27:25+00:00

EU & China Release Joint Statement Following 21st Summit

On April 9, 2019, after the 21st EU-China Summit, the two world leaders released a joint statement reaffirming their partnership.

In 2012, the EU and China jointly announced open treaty negotiations and the start of their “Strategic Agenda for Cooperation for 2020.” Since then, treaty negotiations have waxed and waned. Just last month, the EU characterized China as an “economic competitor” and a political “rival.”  Also last month however, Italy became the first G7 nation to join China’s Belt and Road Initiative.  Further, after a summit in Croatia last weekend, Greece subscribed to China’s 16+1 Initiative, through which China […]

EU & China Release Joint Statement Following 21st Summit 2019-08-26T22:26:57+00:00

Sweden’s Revised Arbitration Act Takes Effect

Sweden’s newly revised Arbitration Act, passed on November 21, 2018, went into effect on March 1, 2019. An English translation can be found here. The revisions aim to modernize Sweden’s arbitral systems to maintain and support the country’s bustling international and domestic arbitration industry. The changes are meant to enhance efficiency and transparency in Swedish arbitrations. Although the revisions will probably not dramatically change arbitrations in the country, the following descriptions highlight key amendments to the previous 1999 Arbitration Act.

Jurisdictional Objections: The 1999 Act allowed parties to object to jurisdiction by bringing a declaratory action to the District Court either before or […]

Sweden’s Revised Arbitration Act Takes Effect 2019-05-09T22:37:35+00:00

AT&T Implements Baseball Arbitration to Save Time Warner Merger

The AT&T / Time Warner merger has been a subject of antitrust controversy for quite some time. Although vertical mergers are generally less-heavily scrutinized than horizontal mergers, the U.S. Department of Justice fought to block the acquisition. In February, a three-judge panel in the Court of Appeals for the District of Columbia affirmed the District’s Court’s approval of the acquisition, in part due to AT&T’s baseball-style arbitration agreements.

Baseball style arbitration, also known as “final-offer arbitration” requires opposing parties to blindly submit a proposed award to the arbitral tribunal. The proposed awards are published before a hearing takes place. After publication (and […]

AT&T Implements Baseball Arbitration to Save Time Warner Merger 2019-04-03T09:14:42+00:00