The Arbitration Brief

Incorporation of Arbitration Rules by Reference: Clear and Unmistakable Evidence of an Intention to Delegate the Authority to Arbitrate?

When questions about who should decide issues related to the existence, scope or validity of an arbitration agreement arise, the key rule is that “courts should not assume that the parties agreed to arbitrate arbitrability unless there is ‘clear and unmistakable’ evidence that they did so.” First Options of Chicago, Inc. v. Kaplan, 514 U.S….

Expected Changes to ISDS Mechanisms under the USMCA

Upon its ratification by all parties, the new United States-Mexico-Canada Agreement (USMCA) will make substantial changes to the former North American Fair Trade Agreement’s (NAFTA) investor-state dispute settlement (ISDS) mechanisms found under Chapter 11. US-Canadian investments will experience the most dramatic changes due to the complete elimination of Chapter 11 ISDS mechanisms. There are big…

Reforms to OHADA Arbitration Law

Responding to increased economic and foreign investment across Africa and to establish the Organization for the Harmonization of Business Law in Africa (“OHADA”) as a trustworthy arbitral institution, the OHADA Council of Ministers has revised the Uniform Act on Arbitration Law and the Rules of Arbitration of the Common Court of Justice and Arbitration (“CCJA”)….