Arbitration Institutions and Rules

2023 in Review, AIAC, Arbitrability, Arbitration Institutions and Rules, Confidentiality, Enforcement, Indonesia, Malaysia, Philippines, SIAC, SIAC Symposium 2023, Singapore, Thai Arbitration Institute, Thailand, Timor-Leste, VIAC, Vietnam

(Clifford Chance Asia) and (Morrison & Foerster (Singapore) LLP)/ /Leave a comment

2023 in Southeast Asia witnessed several significant decisions issued by apex courts across various countries, and exciting new initiatives which promise an eventful 2024 ahead. In this post, we’ve put together a summary of 2023’s key highlights.   Developments in Arbitral Rules and Regulatory Frameworks 2023 was an eventful year for arbitral institutions in Southeast…

Arbitral seat, Arbitration Act, Arbitration institution, Arbitration Institutions and Rules, Japan, Japan Commercial Arbitration Association, JCAA

(DLA Piper), (City-Yuwa Partners), , , , and (City-Yuwa Partners )/ /Leave a comment

On 17 November 2023, the leading arbitration-related institutions and government entities in Japan co-hosted an international arbitration conference, entitled “Exploring Innovative Solutions in a Changing World”, to showcase Japan’s flourishing ecosystem as a preferred place of arbitration, and to mark the 70th anniversary of the Japan Commercial Arbitration Association (JCAA). Held in Tokyo, this event…

AIAC, Arbitration Institutions and Rules, Interviews with Our Editors

(Peter & Kim) and (Morrison & Foerster (Singapore) LLP)/ /2 Comments
Asian International Arbitration Centre (AIAC)

Chartered Arbitrator Datuk Sundra Rajoo Nadarajah is a man of no little distinction. He is currently the Director of the Asian International Arbitration Centre (AIAC) and President of the Asian Institute of Alternative Dispute Resolution (AIADR), and he also previously served as President of the Chartered Institute of Arbitrators (2016). He has been the founding…

Arbitration, Arbitration Institutions and Rules, Climate change, Energy, Investment Arbitration, ISDS, Kluwer Arbitration Blog, Legitimacy

(Stockholm University)/ /Leave a comment

At the Kluwer Arbitration Blog, December is the month to thank our readers and collaborators for their readership, contributions, and support. This is also one of the occasions in which we highlight and we praise our excellent editors.   The Kluwer Arbitration Blog will celebrate 15 years of existence in 2024. On 28 January 2009, the…

ACIC, Arbitration Institutions and Rules, Iran, Technology

(ICC YAAF)/

The first arbitral institution providing institutional arbitration in Iran, the Arbitration Center of the Iran Chamber of Commerce (“ACIC”), released the latest edition of its arbitration rules on 19 February 2023. The new ACIC arbitration rules (“New Rules“), which came into effect in May 2023, replace the previous 2007 edition (“2007 Rules”). The New Rules…

Arbitration, Arbitration Institutions and Rules, Asia, Asia-Pacific, Institutional Arbitration, Institutional Rules, Intellectual Property, Intellectual Property Rights, International arbitration, KCAB, Korea, South Korea

, (Korean Commercial Arbitration Board (KCAB))/ /Leave a comment
KCAB International

In recent years, there has been a significant increase in IP cross-border disputes, including in non-traditional sectors. The Korean Commercial Arbitration Board (“KCAB”), which is the sole arbitral institution in Korea that is statutorily authorized to settle disputes under the Korean Arbitration Act, has experienced a gradual increase in IP-related cases. This article aims to…

Arbitration Institutions and Rules, Early Determination, Early Dismissal, Efficiency

(Peter & Kim) and (Herbert Smith Freehills)/ /Leave a comment

The practice of early determination, already customary to common law, has increasingly gained ground in investment and commercial arbitration, being introduced to various arbitration rules. It aims to enhance efficiency by narrowing the issues in dispute or rejecting the whole claim at an early stage, saving both time and cost in a proceeding. In practice,…

2022 in Review, Admissibility, Alternative fee arrangements, Arbitration Institutions and Rules, Cambodia, Enforcement, Jurisdiction, Malaysia, Philippines, Singapore, Thailand, Vietnam

(Clifford Chance Asia) and / /Leave a comment

The year 2022 seems to have passed in a flash, but not without bringing some exciting developments for the arbitration scene in Southeast Asia. From the Southeast Asia editorial team, here are some of the past year’s highlights.   Developments in the law and jurisprudence Contributors to the Kluwer Arbitration Blog critically analysed the Singapore…

Arbitral Tribunal, Arbitration clause, Arbitration Institutions and Rules, Diversity

, (Vinson & Elkins LLP)/ /1 Comment

The international arbitration community has made progress on improving diversity across the field, but continues to fall short on appointing diverse international arbitration tribunals. Experts point to a range of reasons for the lack of diversity in international arbitration tribunals, chief among which is the lack of an experienced pool, coupled with the reluctance of…

Arbitration Institutions and Rules, LCAM, London

(Osborne Clarke)/ /Leave a comment

The London Chamber of Commerce and Industry (LCCI), a networking and business support organisation that caters to the London business community, launched the London Chamber of Arbitration and Mediation (LCAM) in May 2020. I wrote at the time a post exploring the LCAM’s inaugural Arbitration Rules and examining some aspects of the LCAM as an institution. The last two…

Arbitration Institutions and Rules, Code of Conduct, Disclosure, ICSID, Investment Arbitration, UNCITRAL

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Two years since it was published, the draft of the Code of Conduct for Adjudicators in International Investment Disputes is still subject to discussion and refinement by States and other stakeholders participating in the UNCITRAL Working Group III (WG III). This evolving instrument, developed jointly by the ICSID and UNCITRAL Secretariats, is the first attempt…

Arbitral Appointments, Arbitration Institutions and Rules, Asia-Pacific, Interviews with Our Editors, New Zealand, Statistics, UNCITRAL Model Law

(Wynn Williams)/ /Leave a comment

Nicole Smith is the Vice-President of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ), the leading membership organisation for dispute resolution specialists in New Zealand. In addition to her work with AMINZ, Nicole is also a barrister at Mauao Legal Chambers specialising in commercial litigation and arbitration. Dual qualified in New Zealand and England…

Arbitration Institutions and Rules, Case Management, Ecuador, Institutional Arbitration, Interview of our editors, Interviews with Our Editors, Latin America, Uncategorized

(Locke Lord LLP) and (Herbert Smith Freehills)/ /Leave a comment

Welcome to the Kluwer Arbitration Blog, Ms. Vera!  We are grateful for this opportunity to learn more about the Center for Arbitration and Mediation of the Ecuadorian-American Chamber of ‎Commerce (CAM-AMCHAM Ecuador)‎, and its administration of complex disputes, as well as about the attractiveness of Quito as a seat for international arbitration.  To start, can…

Arbitration institution, Arbitration Institutions and Rules

, (Freshfields Bruckhaus Deringer)/ /Leave a comment

Delos Dispute Resolution (Delos) has introduced its first significant update to the Delos Rules of Arbitration (the 2021 Delos Rules) which entered into force on 1 November 2021.  The new rules range from including new provisions which align with other major arbitral institutions, for example on joinder and consolidation, to more radical innovations such as…

2021 in Review, Arbitration Institutions and Rules, Argentina, Brazil, Colombia, Conflicts of interest, Ecuador, Enforcement, Latin America

(Herbert Smith Freehills)/ /Leave a comment

In 2021, Latin American countries continued to struggle with the adverse effects of the COVID-19 pandemic.  Accordingly, legislative and jurisprudential developments on arbitration-related issues were also affected given that the governments were focused on reactivating local economies, vaccinating their citizens, and launching tax and labor reforms.  In addition, presidential elections also marked political shifts for…

Arbitration Institutions and Rules, Human Rights, International arbitration, Investment Arbitration, Regime Interaction, Regime Interaction in Investment Arbitration

(Columbia Law School) and (Georgetown Law)/ /1 Comment

Globalization has diversified the actors, institutions, norms, and instruments on the international legal stage. With diversification comes increased specialization and, in turn, organization around so-called regimes. The notion that international legal regimes can exist autonomously has long been refuted; indeed, each regime draws from general international law to some degree. If regimes are not autonomous,…

Arbitration Institutions and Rules, BIT, Counterclaims, International arbitration, Investment Arbitration, Regime Interaction, Regime Interaction in Investment Arbitration

(Stockholm University) and (Durham Law School)/ /Leave a comment

This post deals with the conceptual underpinnings and theoretical justification for the practice of counterclaims in investment arbitration. First, it is important to delineate this post from an analysis of counterclaims case-law in investment arbitration, as ample accounts of the counterclaim debate in practice can be found here, here, and here.  Equally, this post does…

Arbitration institution, Arbitration Institutions and Rules, arbitration rules, Denmark

(The Danish Institute of Arbitration)/ /Leave a comment

The Danish Institute of Arbitration (the DIA) updated its arbitration rules this year. The DIA Rules of Arbitration 2021 (the DIA Rules 2021) apply to arbitrations commenced on or after 13 April 2021, unless otherwise agreed. The updated rules tell us that the DIA focuses on best practice, pragmatism and efficiency, and that they bolster…

Arbitration Institutions and Rules, Arbitrators, Paris Arbitration Week

(Linklaters)/ /1 Comment

The 2021 Paris Arbitration Week (PAW), which kicked off on Monday 20 September 2021, brings the arbitration community together in a hybrid format with participants and speakers attending in person and online from all over the globe, following a fully virtual edition in 2020. One of Monday’s sessions involved a series of Oxford-style debates on harmonization through…

Arbitration Institutions and Rules, Brazil, Case Management, Commercial Arbitration, Institutional Arbitration, Interview of our editors, Interviews with Our Editors, Latin America

(Locke Lord LLP) and (Herbert Smith Freehills)/ /Leave a comment

Welcome to the Kluwer Arbitration Blog, Ms. Coelho!  We are grateful for this opportunity to learn more about the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (CAM-CCBC), and its administration of complex disputes, as well as about the attractiveness of São Paulo and Rio de Janeiro as seats for international arbitration. …

Arbitration Institutions and Rules, Conflicts of interest, Russia

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Conflicts of interest between parties and arbitrators are common in arbitration proceedings. However, the academic community has not yet examined whether arbitral institutions may also run into conflicts of interest. This post will deal with this question and also examine measures that can mitigate any such risks of conflicts of interest for arbitral institutions. The…

Arbitration Institutions and Rules, BIT, Climate change, Energy Charter Treaty, Environment, Human Rights, International arbitration, Investment Arbitration, ISDS, PCA, Permanent Court of Arbitration, Space Arbitration

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International arbitration is changing at a fast pace, and opportunities arise every day in this field. In this context, on May 25, 2021, Young Arbitral Women Practitioners, Holland & Knight, and Rising Arbitrators Initiative co-hosted a webinar to discuss emerging fields of practice for arbitration lawyers. This post offers an overview of the variety of…

Arbitration Institutions and Rules, Austria, VIAC

, (Vienna International Arbitral Centre-VIAC)/ /Leave a comment

The Vienna International Arbitral Centre (“VIAC”) announces its most recent update to the VIAC Rules of Arbitration and Mediation (the VIAC Rules of Arbitration and Mediation 2021) taking effect on 1 July 2021. The revision of the VIAC Rules of Arbitration and Mediation was triggered by the drafting of the new standalone set of VIAC…

Arbitration Institutions and Rules, Permanent Arbitral Institution, Russia

, (Herbert Smith Freehills LLP)/ /Leave a comment
Herbert Smith Freehills

The Russian 2016 Arbitration Reform (the “Reform”) was a game-changer for both arbitration practitioners and the arbitral institutions. One of the major implications of the Reform was that so-called “corporate” disputes (which definition covers a large number of post-M&A disputes, including those arising out of share purchase agreements and shareholders’ agreements) could now only be…