Sometimes described as “a shrimp among whales,” Korea is situated between China to the west and Japan to the east. Historically, the ambitions of the two large, neighboring countries—and, in more recent times, other larger powers—have sometimes threatened to overwhelm or subsume Korea. Indeed, during the Cold War, the political maneuverings of global powers divided…

In the beautiful surroundings of the Palais Niederosterreicher, the 200+ delegates at Vienna Arbitration Days (VAD) 2019 were warmly welcomed by members of the Organising Committee, representing ArbAut, VIAC, AYIA (the Austrian Yearbook of International Arbitration), ICC Austria, YAAP (Young Austrian Arbitration Practitioners), and UNCITRAL.  Anna Joubin-Bret, UNCITRAL’s Secretary, provided an overview of UNCITRAL’s work…

Most investment treaties do not expressly provide for the appointment of assistants or secretaries to the arbitral tribunal. It is an institutional practice that has been subsequently codified by several arbitral institutions, while some institutions are still silent on the subject. Despite the significant attempts being made, the apprehension that arbitral secretaries may overstep their…

  For a country with a significant corpus of the world’s personal data, India’s data protection framework is notoriously deficient. Improperly scoped, imprecisely drafted, and with no real enforcement culture, the extant framework often tends to create more problems than it solves. With a view towards overhauling this framework, the Government of India, in July…

On 27 March 2017, the Secretary-General of the Permanent Court of Arbitration (“PCA“) designated an appointing authority in an OIC arbitration by applying the UNCITRAL Arbitration Rules, despite the absence of any reference to these Rules in the OIC Agreement. This decision, which concerns a pending case, DS. Construction v. Libya , could mark the…

Introduction It has by now become amply clear that nothing truly prepares the jurist for an analytical maze run of predicting the effects of Brexit. In some way, it reminds one of “Nebel des Krieges”, the “fog of war” faced by military decision makers once on the battlefield. The best you can hope for is…

In international commercial arbitration, issues relating to the unconstitutionality of national law (or national legislation) are very rarely raised before the arbitral tribunal. Within a purely academic setting, Jan Paulsson once commented that “[t]here [was] nothing at all unorthodox about the proposition that international tribunals empowered to apply national law [are also entitled to] make…

The amparo is a constitutional action available in several Latin American countries by means of which a person can request the protection of her fundamental rights when an authority has violated or threatened to violate them.  Because of the amparo’s broad scope, it can be used as a guerrilla tactic in many of those jurisdictions,…

This post presents an overview of online arbitration (e-arbitration’) as part of online dispute resolution (‘ODR’) techniques from both theoretical and practical perspectives. E-arbitration is a major component of online dispute resolution (‘ODR’) in which parties can solve any dispute arising out of their contractual relationship online. E-arbitration is mainly used for the resolution of…

We are happy to inform you that the latest issue of the ASA Bulletin is now available and includes the following articles and cases: ARTICLES Elliott GEISINGER, From Licence to Licence to Licence Points? (Yet Another Revolutionary Idea) In his message, ASA President Elliott GEISINGER, inspired by the gilets jaunes and the French driving licence…

On the 60th year of the signing of the New York Convention, the Philippines’ Supreme Court, for the first time, declared its adoption of a narrow definition of “public policy” under the said convention. In Mabuhay Holdings Corporation v Sembcorp Logistics Limited, G.R. No. 212734, 5 December 2018, it held that “[m]ere errors in the interpretation of…

Introduction Parties to international commercial transactions not infrequently find themselves in disputes over whether a valid arbitration agreement exists between them or whether a court or an arbitral tribunal has the jurisdiction to hear this issue. These situations are especially perplexing because – despite the general international acceptance of the “kompetenz-kompetenz” doctrine – national laws…

“Conversation – respectful, engaged, reciprocal, calling forth some of our greatest powers of empathy and understanding – is the moral form of a world governed by the dignity of difference.” Lord Rabbi Jonathan Sacks, The Dignity of Difference, quoted by Ian Macduff in “Signs of hope” Following on from yesterday’s post, this second post offers…

“[…] one of the several paradoxes of mediation is that in many cases, the more logical, the more persuasive the argument, the more contrary and extreme the response. And in fact, what is needed, is the ability of advocates, and more so mediators, to build trust and create rapport.  A mystical concept for some, instantly…

The Lisbon Treaty granted to the EU the competences on Foreign Direct Investment (FDI). The exercise of those competences on FDI has not been smooth in the area of Investor-to-State Dispute Settlement (ISDS), in particular, regarding the application of ISDS between a Member State and the investor of another Member State either whether those ISDS…

Introduction The Delhi High Court’s recent judgment in Union of India v. Khaitan Holdings (Mauritius) marks the third instance of an Indian court adjudicating upon issues related to arbitration under an international investment treaty. Within these three judgments, courts have fundamentally disagreed on a crucial point – the applicability of the Arbitration and Conciliation Act,…

I address the regulation and practice of arbitration in Azerbaijan, a topic which has not been discussed widely on an international level. While there is a significant uniformity in international arbitration legislations around the world due to the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards (hereinafter the “New York Convention”) and…

In a significant development for the region, Mainland China and Hong Kong have announced a bilateral arrangement by which the Chinese courts will now recognise and enforce interim measures in support of institutional arbitration seated in Hong Kong (the “Arrangement”). As China has no equivalent measures in place with any other non-Mainland jurisdictions, the Arrangement…

In RJ v HB [2018] EWHC 2833 (Comm) (‘RJ’), Andrew Baker J (‘Baker J’) found that the facts disclosed a serious irregularity under s68 of the English Arbitration Act 1996 (‘the Act’). Baker J also found that a finding of serious irregularity under s68 and the setting aside of the award did not ipso facto…

While the gender imbalance in arbitrator appointments is widely known, the causes are still debated. Before our exhaustive study, however, no one had seriously examined gender taxonomy as a possible cause of variations in the selection of male and female arbitrators, despite scholarship on the subject in other professions, including a noted study in 2004…

The 6th Annual Joint Conference on International Energy Arbitration, co-hosted by the Institute for Transnational Arbitration (ITA), the Institute for Energy Law (IEL), and the International Court of Arbitration of the International Chamber of Commerce (ICC), took place on January 24-25, 2019, in Houston, Texas. Under the guidance of conference co-chairs Andrew T. Clarke (ExxonMobil…

Mr. André, welcome to the Kluwer Arbitration Blog. We were pleased to have Mr. Hanft join us recently and are thrilled to have the opportunity to also share your perspective with our readers.  To start, can you briefly introduce yourself and explain your role at CPR? Thank you very much for the invitation Kiran.  At…

The year of the pig was off to a good start in Hong Kong at the Investor-State Dispute Settlement (ISDS) Reform Conference organised by the Hong Kong Department of Justice and the Asian Academy of International Law on 13 February 2019. Like the fabled pig, ISDS reform has been slow in coming, and the aim…

The admissibility of illegal evidence in international commercial arbitration is for sure, at the moment, a widely discussed topic among law students and arbitration lawyers thanks to this year’s problem at the Willem C Vis International Commercial Arbitration Moot competition (“Vis Moot Problem”). The Kluwer Arbitration Blog (“KAB”) covered the topic extensively as well in…