USCIB News
May 2004 VOLUME 2 ISSUE 1  

Arbitration & Dispute Resolution Update

CONTENTS
ICC Awards in Print: 2003 Update
The Power of Arbitrators to Issue Subpoenas to Non-Parties
ICC Rules as Appointing Authority Broadened
ICC Statistics from 2003 and 2002
Complex Arbitrations
Parallel Proceedings and the Notion of Lis Pendens
Proposed Reforms to the Federal Arbitration Act
Young Arbitrators Forum Launched
Member and Staff News
Calendar of Events
NOTE
USCIB is the exclusive representative in the United States for ICC’s multifaceted dispute resolution services.  It serves as the contact point for the ICC International Court of Arbitration, provides assistance in the nomination of arbitrators, makes referrals to parties seeking attorneys, organizes seminars and corporate roundtables, and answers questions regarding the arbitration process and other ICC dispute resolution services.

The
USCIB Arbitration Committee website provides useful information, resources and links regarding international dispute resolution.


LINKS TO OUR WEBSITE
Arbitration

USCIB Arbitration Database


Arbitration Calendar

Summary of ICC Services

FAQs on ICC Arbitration
ICC Awards in Print: 2003 Update
The ICC award search function available on the International Court of Arbitration website has been updated to include references to extracts and summaries of ICC awards published in a number of arbitration periodicals in 2003. To see the list of the awards concerned and the principal topics covered, click here. To use the search function, click on Awards in the left-hand margin.
 
The Power of Arbitrators to Issue Subpoenas to Non-Parties
Young Arbitrators Forum Submission
by Dana C. MacGrath, Esq. / O'MELVENY & MYERS LLP

In the first-ever essay from a member of USCIB’s Young Arbitrators Forum, Dana MacGrath (O’Melveny & Myers) explores whether arbitrators can issue subpoenas to non-parties in a dispute.
 

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ICC Rules as Appointing Authority Broadened
The Rules of ICC as Appointing Authority under the UNCITRAL Arbitration Rules have been revised so as to broaden their scope and reflect developments that have occurred since their adoption some twenty years ago. These new rules entered into force as of January 1, 2004.
 

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ICC Statistics from 2003 and 2002
The United States was the biggest per-party user of ICC Arbitration, with 199 parties to ICC cases last year.  The U.S. was also a popular location for venue, with a total of 53 ICC cases held here in 2003.


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Complex Arbitrations
ICC Publishing's recent Book of the Month for February delves into the growing demands placed on arbitration in an increasingly complex commercial world.
 

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Parallel Proceedings and the Notion of Lis Pendens
The traditional view of lis pendens – two parallel court proceedings where priority is given to the first filed case – and it applicability to arbitration was turned on its head by the Swiss Supreme Court in 2001.  What this means for arbitral proceedings, in light of Switzerland’s popularity as a venue, has yet to be determined.
 

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Proposed Reforms to the Federal Arbitration Act
At the Spring Meeting of the ABA’s Section of International Law and Practice panelists proposed reforms to the Federal Arbitration Act to support international arbitration. 
 

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Young Arbitrators Forum Launched
The inaugural meeting of the USCIB Young Arbitrators Forum was held in March at the offices of Hughes Hubbard & Reed LLP in New York.  The nearly 100 participants heard members of the ICC Court and distinguished practitioners describe their experiences and provide strategies for those who wish to pursue careers in this field.
 

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Published by USCIB Communications
Copyright © 2004 USCIB . All rights reserved.
This newsletter is intended for informational use only and should not be construed as an authoritative statement of USCIB views or policy.
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