Arbitration news round-up to 16 March 2016

In ConocoPhillips Petrozuata B.V., ConocoPhillips Hamaca B.V. and ConocoPhillips Gulf of Paria B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/07/30), two members of an ICSID tribunal rejected Venezuela's fifth proposal to disqualify Mr Yves Fortier as arbitrator.

In Apple Inc. v. BYD Co. Ltd., 2016 WL 1212638 (N.D. Cal. Mar. 2, 2016), the US District Court for the Northern District of California granted Apple’s motion to compel arbitration of patent infringement claims. Shenzhen-based BYD had originally brought the claims in the Shenzhen Intermediate People’s Court. However, BYD’s subsidiary had entered into an arbitration agreement with Apple that provided for International Chamber of Commerce (ICC) arbitration in California. The US court rejected BYD’s arguments that it did not have jurisdiction over BYD and that BYD had not manifested its intention to be bound by the arbitration agreement. The court held that BYD was bound by the arbitration agreement between Apple and BYD’s subsidiary under ordinary agency principles and therefore the arbitration agreement gave the US court jurisdiction over BYD.

The Hong Kong International Arbitration Centre (HKIAC) has launched a new Panel of Arbitrators for Intellectual Property Disputes. The launch of the panel coincides with the Hong Kong Government’s proposal to amend the Hong Kong Arbitration Ordinance (Cap. 609), to clarify that, among other things, disputes over the subsistence, scope, validity, ownership, scope, infringement or any other aspect of an IP right can be submitted to arbitration in Hong Kong (see Legal update, Proposal to amend Hong Kong Arbitration Ordinance to confirm arbitrability of IP disputes).

The Arbitration and Mediation Services (Equality) Bill [HL] 2015-16 will now have its second reading on the 22 April 2016, rather than 11 March 2016. The Bill proposes amendments to various statutes, including the Arbitration Act 1996, regarding the application of equality legislation to arbitration and mediation services.