Introduction Party autonomy is the underlining principle of arbitration. The courts ought to have it in mind whenever they are called upon to intervene in matters related to arbitration. The right of parties to resolve their dispute by arbitration must be upheld and given effect to. When the judiciary acts to give effect to this…

The modern business world strives to increase efficiency – and the use of modern IT systems is a key tool in that regard. One would thus expect that arbitration, which aims to resolve disputes efficiently, would jump at the many opportunities offered by modern IT technology to truly digitalise dispute resolution. But progress has been…

States can regulate as part of their sovereignty and can give away a part of their regulatory freedom by making commitments to foreign investors, such as the obligation to compensate investors for expropriation. Unless a treaty removes or modifies a particular norm of international law, international law on expropriation, including customary law, should apply. The…

On 7-8 June 2019, the ninth (Romanian) National Conference on Commercial Law in Cluj-Napoca was organized by the Department for Company Law and Corporate Governance of the Law Faculty of the University Babeş-Bolyai in Cluj-Napoca (Romania), together with the Center for Commercial Law of the West University of Timişoara (Romania), supported by the Romanian National…

Background The ICC Commission on Arbitration has recently published a report on Emergency Arbitrator (“EA”) Proceedings (“Report”) that promises to “offer guidance to users, counsel and EAs to facilitate the use of EA proceedings through increased transparency and predictability”. The Report analyses the 80 cases in which the ICC EA procedures have been used in…

Disputes, particularly arbitration, has been predominated by the old pale male. Diversity, though a hot topic, is something that the arbitration field is still striving to achieve. What many would like to see is that all people, male or female, are appointed whether as an arbitrator or a counsel based on their credentials. However, as…

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Lucy Greenwood, Revisiting Bifurcation and Efficiency in International Arbitration Proceedings In 2011, the author published an analysis of available empirical data on bifurcation of disputes in this journal. The article, ‘Does Bifurcation Really…

Mediation and arbitration are often categorized as separate and distinct fields for good reason.  Arbitration is an adjudicative process; mediation, on the other hand, is more accommodating, dependent on negotiation among parties. There is a formality attached to arbitration that one usually does not find in mediation. While the arbitration process is prescribed by rules,…

For the first time, the High Court held in its decision in the Rinehart dispute that the ordinary principles of contractual interpretation must be applied when interpreting the scope of arbitration clauses. While this approach is consistent with modern contractual interpretation, it may deter parties from selecting Australian law to govern arbitration agreements. This post…

On 23 May 2019, the Arbitration Institute of the Finland Chamber of Commerce (FAI) hosted the 15th IFCAI Biennial Conference in Helsinki. The International Federation of Commercial Arbitration Institutions (IFCAI) organises the “IFCAI Biennial Conference” every two years in cooperation with an IFCAI member arbitration institution. This year it was hosted by the FAI in lieu…

The main concerns of parties when considering arbitration are the costs and length of arbitration proceedings (see, e.g., Queen Mary University of London 2018 International Arbitration Survey). The popularity of arbitration as a method of resolving construction disputes thus depends largely on whether costs can be reduced and efficiency maintained. This is particularly the case…

During the London International Dispute Week in May this year (which was covered at the Kluwer Arbitration Blog in depth, see here), a panel on “energy disputes in a disruptive world” focused on the increasing prevalence of claims against energy companies in relation to climate change or for involvement in human rights impacts. I had…

In June 2019, the Spanish Arbitration Club (“CEA”) launched a new Code of Best Practices in Arbitration (the “Code”). This post briefly describes the scope of the Code and provides insights on the specific best practices proposed by CEA. The initiative is commendable, as it reflects the CEA community experience and tackles hot topics in…

Report from a Workshop Hosted by Squire Patton Boggs and Delos on 30 May 2019 in Prague It has been a while now that buzzword of innovation has made its way into the traditionally conservative legal world. While a number of smart tech tools for lawyers such as contract automation or document management systems with numerous…

The publication of the Rules on the Efficient Conduct of Proceedings in Arbitration (“Prague Rules”) on 14 December 2018 heralded a challenge to the well-established incumbent (i.e. the International Bar Association (“IBA”) Rules on the Taking of Evidence (“Evidence Rules”)) and prompted much debate amongst the arbitral community, including at least six posts on this…

Since 2013, an independent group of international lawyers (the Working Group of the Business and Human Rights Arbitration project) has been considering the possibility of using international arbitration as a method of resolving disputes over obligations and commitments arising out of business-related human rights abuses.  The idea underlying the project is that international arbitration could…

Prof. Dr. Jelena Perović, from the University of Belgrade (Serbia) and Dr. Nataša Hadžimanović, from Gabriel Arbitration (Zurich, Switzerland), launched the Round Table on Arbitration in 2018 as a forum to discuss controversial issues, share experiences and highlight new trends in arbitration. The 2nd Round Table on Arbitration took place in the magnificent rooms of…

In September 2018, Tanzania took the international arbitration community by surprise when it issued its notice of its intent to terminate the Agreement on Encouragement and Reciprocal Protection of Investments between Tanzania and the Netherlands which was set to expire on 1 April 2019 (Netherlands BIT). Article 14 (2) of the Netherlands BIT provides that…

On 22 March 2019, the Netherlands published its new model BIT (“2019 Dutch Model BIT”). The new model text may well set the scene for a new generation of investment treaties, paving the way with progressive rules on sustainable development and gender empowerment. The 2019 Dutch Model BIT is a refined version of the initial…

The regular readers of the Kluwer Arbitration Blog will recall my blog at the beginning of this year in which I predicted that 2019 would be the ‘Year of the big Harvest’ for the European Commission regarding its efforts to permanently change the landscape of international investment law and arbitration. This posts will review the…

Introduction The Dubai International Arbitration Centre (“DIAC”) is a regional arbitration centre created by statue in 1994 as part of the Dubai Chamber of Commerce and Industry (the “Chamber”). On 23 April 2019, the Ruler of Dubai issued Decree No. 17 of 2019 approving a new statute for DIAC (the “New DIAC Statute”). The New…

During its most active years, between 1982 and 1994, the nine members of the Iran-US Claims Tribunal (at all times 3 from Iran, 3 from the US, and three “neutral” arbitrators) ruled on hundreds of disputes, sometimes involving particularly fraught points of international law, all this while applying and interpreting the UNCITRAL Rules of arbitration…

On April 12, 2019, the Republic of Djibouti (“Djibouti”) signed the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention” or “Convention”). To date, the Convention has been signed by 163 countries and ratified by 154 countries. Why is Djibouti signing the ICSID Convention at a time when…

Introduction Unlike other pillars of arbitration like recognition-enforcement of foreign awards and independence-impartiality of arbitrators, the Kompetenz-Kompetenz rule is far from a universal standard. Each jurisdiction has a particular rule, with clear distinctions between the approaches adopted, for example, by the US, the UK, France, Switzerland and China. The aim of this post is to…