International Arbitration

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In 2023, the construction industry saw significant developments, such as a downward trend in the commercial real estate market, a continued focus on sustainability, and the ongoing impact of the Infrastructure Investment and Jobs Act. International construction arbitration remained a preferred dispute resolution method for large-scale projects, while the energy…

Accreditation: An extract from GAR’s Construction Arbitration Know-how. The whole publication is available at https://globalarbitrationreview.com/insight/know-how/construction-arbitration.

Troutman Pepper Partners Albert Bates and Zachary Torres-Fowler are published in GAR Insight with their article, “GAR Know How Construction Arbitration: USA (August 2023).” This chapter summarizes issues commonly raised during international construction arbitrations…

Albert Bates and Zachary Torres-Fowler were quoted in a Q&A for Mealey’s International Arbitration Report titled, “International Arbitration Experts Discuss the Impact of Artificial Intelligence on International Arbitration.”

Bates and Torres-Fowler: The rapid expansion of AI technology may be among the most consequential developments facing not only the international arbitrational…

Earlier this year[1] the Eleventh Circuit Court of Appeals joined the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth, and D.C. circuits in the much-anticipated en banc decision of Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A., where it held that the grounds for vacatur under Chapter 1 of the Federal Arbitration Act (FAA) may also apply to nondomestic arbitration awards (e.g., arbitration awards rendered in the U.S. but involving a non-U.S. party).[2] The court’s decision overruled two of its prior cases, holding that Article V of the New York Convention and Chapter 2 of the FAA provided the exclusive grounds for challenging the enforcement of a nondomestic arbitration award.[3] The decision is of significance because it brings the Eleventh Circuit — which encompasses the increasingly popular arbitration seats of Atlanta and Miami — in line with other circuit courts that have considered this issue.[4]

Published in Practical Law The Journal on May 2, 2023. © Copyright 2023, Reuters News, publisher of Practical Law The Journal. Reprinted here with permission.

Arbitration is the most widely used method of dispute resolution in the construction industry. Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving construction contracts.

Accreditation: An extract from Thomas Reuters Practical Law. The full document is available at https://content.next.westlaw.com/practical-law/document/I3e46a7343fed11ed9f24ec7b211d8087/Standard-Arbitration-Clause-for-Construction-Contract.

Troutman Pepper Partners Albert Bates and Zach Torres-Fowler published a Thomas Reuters Practical Law guide for drawing construction arbitration clauses.

Accreditation: An extract from GAR’s Construction Arbitration Know-how. The whole publication is available at https://globalarbitrationreview.com/insight/know-how/construction-arbitration.

Troutman Pepper Partners Albert Bates and Zachary Torres-Fowler are published in GAR Insight with their article, “GAR Know How Construction Arbitration: USA (September 2022).” This chapter summarizes issues commonly raised during international construction arbitrations…

Originally published on International Bar Association. Republished here with permission.

On 1 March 2021, the International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association (AAA) and a leading provider of dispute resolution services to businesses in matters involving cross-border transactions released the 2021 update to its international arbitration and mediation rules (the ‘2021 ICDR Rules’).1 The 2021 update marks the first time the ICDR’s arbitration rules and mediation rules have been revised since 2014 and 2008, respectively, and is of particular note to the construction industry both in the United States and elsewhere.​​​​​​​

This article was originally published in The Dispute Resolver. It is republished here with permission.

On March 22, 2021, the U.S. Supreme Court announced that it would consider the hotly contested issue of whether 28 U.S.C. § 1782 (“Section 1782“) grants parties to international commercial arbitrations seated outside the United States the right to seek U.S.-style discovery from the federal courts. The Supreme Court’s decision in Servotronics, Inc. v. Rolls-Royce PLC will ostensibly put to rest a matter that has roiled the international arbitration community for the last several years and may have profound implications for modern international arbitration practice.

Given the role international arbitration serves in connection with international construction projects, construction practitioners and industry representatives should pay close attention to the Supreme Court’s upcoming decision. The following article seeks to introduce the current debate to construction practitioners and offer some insight into what the Supreme Court’s decision may mean for the field of international construction arbitration.