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

Portfolio Funding: An Interview with Iain McKenny of Vannin Capital

Eric Z. Chang interviewed Iain McKenny, General Counsel of Disputes at Vannin Capital, about portfolio funding, a new and relatively unknown development in third party funding of arbitrations and litigations. The interview was published as a blog article on the Third Party Funding Observatory website.

In portfolio funding, funders offer a funding package that covers a group of claims (a “portfolio”), rather than an individual claim. As Iain McKenny explains, these portfolios generally arise in two situations: (1) a single claimant with multiple claims (usually a large corporation); or (2) multiple claimants with a common cause of […]

Portfolio Funding: An Interview with Iain McKenny of Vannin Capital 2017-12-20T20:22:18+00:00

Eric Z. Chang to Speak at SVAMC / Stanford Law Conference on ADR in the Tech Industry.

On Nov. 2, 2017, Eric Z. Chang will speak at a conference titled “The Evolving Use of International Arbitration and Mediation for Disputes in the Technology Sector.

The Conference is hosted by Stanford Law School, The Silicon Valley Arbitration & Mediation Center (SVAMC), The International Centre for Dispute Resolution’s Young and International section, and Sherman and Sterling.

The panel will be held at Stanford Law School on Thursday 2 November 2017. Conference details (including RSVP) can be found here. Attendance is free of charge but has limited capacity (RSVP deadline is 1 […]

Eric Z. Chang to Speak at SVAMC / Stanford Law Conference on ADR in the Tech Industry. 2017-12-20T20:21:15+00:00

Eric Z. Chang To Speak At Third Party Funding Conference at Lisbon University Faculty of Law

On 9 October 2017, the Lisbon University School of Law will host a conference dedicated to the draft report of the ICCA-Queen Mary Task Force on Third Party Funding in International Arbitration (“Task Force”). The draft report is currently available for public comment, from 1 September until 31 October 2017.

Eric Z. Chang will speak on a panel focusing on the draft report from the Client and Funders’ perspectives. The full program can be found here.

The Task Force Co-Chairs, Professor Catherine Rogers, Professor Stavros Brekoulakis and ICCA Governing Board member Professor W.W. (Rusty) Park, […]

Eric Z. Chang To Speak At Third Party Funding Conference at Lisbon University Faculty of Law 2017-12-20T20:19:32+00:00

Chang Law Announces Launch of the Third Party Funding Observatory Website

Chang Law is pleased to announce the launch of the Third Party Funding Observatory (“TPFO”).

The TPFO is an online initiative that will provide news, information, and resources on third party funding. The website aims to serve as a permanent knowledge base for scholars, commentators, practitioners, and commercial parties interested in the topic of third party funding, whether from an academic, commercial, or policy point of view.

As part of its mission, the TPFO is pleased to be able to assist the ICCA-Queen Mary Task Force on Third-Party Funding in International Arbitration (“Task Force”), which has now […]

Chang Law Announces Launch of the Third Party Funding Observatory Website 2017-12-20T20:17:47+00:00

ICC YAF Los Angeles Event : Using a Mock Arbitration to Improve your Case

dtla

Chang Law is pleased to announce the ICC YAF event “Using a Mock Arbitration to Improve Your Case,” to be held on 1 November 2016 at 6p, at Latham & Watkins Century City. Eric Chang will be on of the featured speaker on the panel, which will discuss the process of a mock arbitration, including how to plan for, conduct, and incorporate the lessons of a mock arbitration to improve an arbitration case.

Program information can be found here.

ICC YAF Los Angeles Event : Using a Mock Arbitration to Improve your Case 2017-12-20T20:15:29+00:00

ICC Court To Issue Reasoned Decisions On Arbitrator Challenges

ICC Sign

The ICC International Court of Arbitration recently announced that it will begin issuing reasoned decisions on such issues as arbitrator challenges, consolidation of arbitrations, and prima facie decisions on jurisdiction.

In its press release, the ICC Court cited growing user demand as a reason for communicating reasons for administrative decisions. According to ICC Court President Alexis Mourre, the move reflects the ICC Court’s desire to enhance transparency and clarity of the ICC arbitration process.

The Court noted that any requests for communication of reasons must be made in advance of the relevant decision in […]

ICC Court To Issue Reasoned Decisions On Arbitrator Challenges 2017-12-20T20:12:47+00:00

Nigerian Court of Appeals Decisions Signal Pro-Arbitration Stance

Lagos Nigeria Map

As recently reported by Global Arbitration Review (paid site), the Nigerian Court of Appeal (the second highest court in Nigeria) has handed down two decisions in which it held that Nigerian courts have no jurisdiction to issue injunction orders to restrain or otherwise intervene in arbitral proceedings, except as provided for in Nigeria’s Arbitration and Conciliation Act (ACA).

Through these decisions, the Nigerian Court of Appeal unmistakably seeks to establish Nigeria as a pro-arbitration and business-friendly jurisdiction. Liberal arbitration statutes, backed by sophisticated courts that enforce such statutes in favor of international […]

Nigerian Court of Appeals Decisions Signal Pro-Arbitration Stance 2017-12-20T20:10:54+00:00