ICC Releases 2013 Statistics: New York Most Favored Seat in the U.S.

New York is Seat in 63% of New U.S. Cases

The International Court of Arbitration of the International Chamber of Commerce (“ICC”) has published its 2013 Statistical Report (abstract here; subscription required for full access).  The statistics reflect New York’s dominance as an arbitral seat within the United States, with 63% of all U.S. ICC cases seated in the city.  The report also shows that parties chose New York law to govern their disputes in a majority of cases under U.S. law.  The highlights:

  • The ICC Secretariat registered 767 new cases in 2013; of those, 22.8% involved parties in the Americas.
  • U.S. parties were involved in 8.2% of all ICC arbitrations in 2013, ahead of parties of German nationality at 6.6%.
  • New York is one of the six most popular arbitral seats worldwide, along with Paris, London, Geneva, Zurich and Singapore.
  • New York was chosen as the seat in 63% of U.S. cases.
  • New York law was chosen to govern the parties’ disputes in 52% of cases, ahead of California and Texas at 13% each and twelve other states at 2% or 3% each.

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NYIAC is a proud supporter of the
3rd Annual GAR Live New York Conference

September 19, 2014

Speakers to include:

Jose Astigarraga, Astigarraga Davis
Julie Bédard, Skadden, Arps, Slate, Meagher & Flom
John Fellas, Hughes Hubbard & Reed
Paul Friedland, White & Case
Mark Friedman, Debevoise & Plimpton
Miriam Harwood, Curtis Mallet-Prevost Colt & Mosle
Jean Kalicki, Arnold & Porter
Loftis, Vinson & Elkins
Wendy Miles, Wilmer Cutler Pickering Hale and Dorr
Annette Magnusson, Arbitration Institute of the Stockholm Chamber of Commerce
Klaus Reichert SC, Brick Court Chambers

Panel Discussions will feature :

♦  The Year in Review
♦  GAR Live Symposium
♦  Innovation in International Arbitration
♦  Witness Examination: Is there a point?

When: September 19, 2014, 9am – 6pm
Where: University Club: One West 54th Street New York, NY 10019

For more information, and to register, click here
NYIAC members, e-mail info@nyiac.org for special discount!


 

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Legal Developments and Analysis

U.S. Supreme Court Reverses BG Group v. Argentina

On March 5, 2014, the U.S. Supreme Court reversed the D.C. Circuit’s controversial 2012 decision in BG Group PLC v. Republic of Argentina. The Court ruled that an arbitral award rendered by a tribunal constituted under a bilateral investment treaty is entitled to the same broad deference afforded awards rendered by commercial arbitration tribunals.

Read the full decison (PDF)

Muddy Waters in the Land of Section 1782

In the January 31, 2014 edition of the New York Law Journal, Lawrence W. Newman and David Zaslowsky mark the occasion of the 10th anniversary of the Supreme Court’s lone Section 1782 decision by discussing the significant uncertainty that remains concerning an issue spawned by that decision.

Read the full article (PDF)

New York Court of Appeals Rejects Attempt to Bind Non-Signatory

On October 17, 2013, the New York Court of Appeals refused to apply direct benefits estoppel to bind a non-signatory to arbitrate. “The mere existence of an agreement with attendant circumstances that prove advantageous to the non-signatory would not constitute the type of direct benefits justifying compelling arbitration by a non-party.” Matter of Belzberg v Verus Invs. Holdings […]

Read the full decision (PDF)

Recent U.S. Court Decisions Confirm Arbitrator Discretion to Limit Discovery

Three recent decisions by the U.S. Courts of Appeals in New Orleans, Boston and New York reaffirm the longstanding position that arbitrators in U.S.-based arbitrations have discretion to determine the proper scope of discovery and are not bound to follow U.S. litigation discovery practices.  Gregory A. Litt and Colm P. McInerney examine these cases.

Read the full article (PDF)