The Prague Rules: What U.S. Practitioners Need to Know About the Civil Law World’s Answer to the IBA Rules on the Taking of Evidence in International Arbitration

Published in The Construction Lawyer, Volume 39, Number 1 Winter 2019. © 2019 American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

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Zachary Torres-Fowler

EXCERPT:

This article attempts to introduce the Prague Rules to U.S.-based practitioners, including practitioners operating within the construction field, by highlighting how the Prague Rules compare to procedures that common law practitioners are more familiar with, and what considerations parties should keep in mind when assessing the costs and benefits of applying the Prague Rules to their disputes. This piece consists of three parts. First, this article introduces some of the more commonly accepted practices seen in international arbitrations concerning the taking of evidence, including the practices set out in the IBA Rules. Second, this article compares and contrasts the IBA Rules and the Prague Rules. Third, this article sets out the considerations U.S.-based firms should keep in mind when assessing how the Prague Rules could impact their international arbitration disputes.

A PDF of the full article is available here.

Global Arbitration Review Know-How Construction Arbitration – United States

 

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Albert Bates, Jr.
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R. Zachary Torres-Fowler

Pepper Hamilton attorneys Albert Bates and R. Zachary Torres-Fowler contributed the United States Construction Arbitration chapter to the Global Arbitration Review (GAR) Know-How series. Launched in 2006, GAR is a leading resource on international arbitration news and community intelligence.

The GAR Know-How series — an online Q&A resource that provides practitioners with guides on various dispute types — invites leading practitioners from key jurisdictions around the globe to answer common questions on topics relevant to international construction arbitration. In the United States Construction Arbitration chapter, Mr. Bates and Mr. Torres-Fowler, summarize the high-level issues commonly raised during international construction arbitrations located in the United States or governed by U.S. laws. The U.S. Construction Arbitration chapter should be a valuable resource for those seeking to better understand the interplay between U.S. laws and international construction arbitration.

Read the full Q&A at https://globalarbitrationreview.com/jurisdiction/1006134/united-states.

UPDATE: GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC: U.S. Supreme Court Grants Writ of Certiorari to Decide the Question of Whether the New York Convention Permits Non-Signatories to Compel Arbitration Under the Doctrine of Equitable Estoppel

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Zachary Torres-Fowler

As discussed in our post from last year, on August 30, 2018, the Eleventh Circuit Court of Appeals reversed a lower court decision to compel arbitration between an Alabama steel plant owner, Outokumpu Stainless USA, LLC (“OS”), and a French division of General Electric Co, GE Energy Power Coversion France SAS (formerly Coverteam SAS). In so ruling, the Eleventh Circuit held that a non-signatory to a contract could not compel arbitration under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”), as incorporated in Chapter 2 of the Federal Arbitration Act (“FAA”), through the doctrine of equitable estoppel. Dissatisfied with the Eleventh Circuit’s decision, on February 7, 2019, GE filed a petition for a writ of certiorari with the Supreme Court of the United States to review the Eleventh Circuit’s decision and on June 28, 2019, the Court granted the GE’s petition.  In the field of international construction arbitration, where multi-party disputes between owners, contractors, and subcontractors are common and where the rights of non-signatories to compel arbitration are regularly debated, the Supreme Court is slated to provide important guidance. Continue reading “UPDATE: GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC: U.S. Supreme Court Grants Writ of Certiorari to Decide the Question of Whether the New York Convention Permits Non-Signatories to Compel Arbitration Under the Doctrine of Equitable Estoppel”