Arbitration

Arbitration, Empirical Research, Recognition and enforcement of arbitral award, Set aside an arbitral award

(WilmerHale & Queen Mary University of London)/ /Leave a comment

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Roger P. Alford, Crina Baltag, Matthew E.K. Hall and Monique Sasson, Empirical Analysis of National Courts Vacatur and Enforcement of International Commercial Arbitration Awards The empirical research in this article relies on a…

Arbitration, Recognition and enforcement of arbitral award, Set aside an arbitral award

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On June 6, 2022, the Journal of International Arbitration Special Issue on Empirical Work in Commercial Arbitration, was released, edited by Dr Monique Sasson, Dr Crina Baltag, Roger P. Alford, Matthew E.K. Hall, under the general editorship of Prof. Dr Maxi Scherer. The Special Issue also includes articles authored by Prof. Loukas Mistelis, Prof. Dr…

Arbitration, Development, Investor duties, Sustainability

(Association ARBITRI), (University of Aberdeen), and (University of Zenica)/ /Leave a comment

On 18 March 2022, academics and arbitration practitioners convened in Sarajevo (Bosnia & Herzegovina) for an international conference dedicated to cutting-edge topics related to the intersection of international arbitration and sustainable development. This post outlines some of the highlights of a rich discussion that was part of a broader effort to engage the legal and…

Arbitration, Bankruptcy, Turkey, Turkish Court of Cassation

, (Başgül Avukatlık Bürosu)/ /Leave a comment

The General Assembly of the Civil Chambers of Turkish Court of Cassation (“Court”) rendered a controversial decision on 21 December 2021 with No. K.2021/1710 (“Decision”). The Decision provides that, notwithstanding a valid arbitration agreement, Turkish courts, not arbitrators, shall have jurisdiction to determine whether an alleged debtor, against whom a bankruptcy proceeding has been initiated,…

Arbitration, Brazil, Conference, Georgetown, Latin America, Uncategorized

(Herbert Smith Frehills) and (MAMG Advogados)/ /Leave a comment

Organized by the Georgetown International Arbitration Society and the Georgetown Brazilian Law Association, in cooperation with the Arbitration Channel, the I Georgetown Brazilian Arbitration Day took place on April 8, 2022. The first edition of the conference discussed some of the main topics of interest in international arbitration as well as the latest developments in…

Arbitration, Arbitration Proceedings, BIT, International arbitration, Intra-EU BITs, Investment Arbitration, Joint Interpretation Clauses, NAFTA, Vienna Convention on the Law of Treaties

(University of Naples Federico II)/ /Leave a comment

State parties’ “mutual actions” over a treaty – including interventions such as interpretation, modification and termination – have flourished in recent investment treaty practice. This trend brings to the fore the question of whether there are any limits to such actions, particularly due to the involvement of non-State entities, such as investors and arbitral tribunals….

Arbitration, Conciliation, ICSID, ICSID Amendments, Mediation, Mediation and Dispute Management

(International Centre for Settlement of Investment Disputes)/ /Leave a comment

In 2021, ICSID conducted an extensive survey of dispute resolution clauses in bilateral investment treaties (BITs), free trade agreements (FTAs) and other treaties (including model treaties). The data set comprised more than 900 treaties, from which nearly 350 clauses were identified for closer analysis. The overarching goal of the survey was to see to what…

Arbitrability, Arbitration, Corporate disputes, Turkey, Turkish Court of Cassation

, (Koç University Law School)/ /Leave a comment

Arbitration of commercial disputes is a common practice in Turkey, especially for those with an international element. The same, however, cannot be said for corporate law disputes, i.e. intra-corporate claims based on or concerning statutory rights, articles of association (“AoA”) or corporate resolutions. This has been the case due to a couple of judgments rendered…

Arbitration, DIAC, DIFC, Dubai, MENA

(Blanke Arbitration LLC)/ /Leave a comment

The recent adoption of Decree No. 34/2021 (see Dubai Government Decree No. 34 of 2021, which entered into force with effect from 20 September 2021) provides for the consolidation of local arbitration centers into a single institution, the Dubai International Arbitration Centre 2.0 (DIAC 2.0). Some perspectives on Decree No. 34/2021 have already been shared…

Arbitration, Climate change, COP 26, Sustainability, Sustainable economy

(Peking University)/ /Leave a comment

As the climate crisis has intensified, much has been said about the roles that arbitration can play in the collective global response – including during the recent BVI Arbitration Week, which coincided with the Glasgow climate conference. Arbitration has been utilised as a tool for resolving disputes as market mechanisms have developed to deliver greenhouse…

Arbitration, California, California, UNCITRAL, UNCITRAL Model Law, United States, USA

(Gary Benton Arbitration) and (Musick, Peeler & Garrett LLP)/ /Leave a comment

“If they can’t do it in California, it can’t be done anywhere.”  – Novelist Taylor Caldwell   From its sunlit beaches to its fog-spangled hills, California hosts the world’s fifth largest economy, boasting among its accomplishments Hollywood entertainment, Silicon Valley technology, and Central Valley agricultural produce. In addition to its strong trade ties within the…

Arbitration, BIT, Climate change, Environment, International arbitration, Investment Arbitration, Reform, Regime Interaction, Regime Interaction in Investment Arbitration

(Climate Change Counsel)/ /Leave a comment

Nearly 30 years have passed since world leaders signed the UN Framework Convention on Climate Change (“UNFCCC”), agreeing to combat “dangerous human interference with the climate system.” For many of those years, nobody seemed to take that commitment very seriously. But things look different now: climate law has hit its stride. At COP26 in November…

Arbitration, Artificial Intelligence, Discovery, Think Arbi

(King's College London)/ /Leave a comment
HK45

Les notions, essentiellement philosophiques, de volonté et de liberté sont au cœur de la matière.  – Emmanuel Gaillard   Arbitration is a form of private dispute resolution. Parties arbitrate disputes through a private system created of their own will and liberty, contractually exiting the public, state-controlled system of dispute resolution. Whilst there are many different…

Arbitral Tribunal, Arbitration, Arbitrators

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Wolters Kluwer Legal & Regulatory U.S. announced enhancements to Arbitrator Tool and a new Relationship Assessment Tool within Kluwer Arbitration Practice Plus (KAPP). Integrating artificial intelligence and machine learning with Wolters Kluwer’s arbitration expertise, the new features will provide arbitration professionals with valuable insights to assess arbitrators, properly advise their clients, and increase their rate…

Arbitration, Arbitration Agreements, Arbitration Proceedings, Language of arbitration

(McNair International )/ /Leave a comment
Peter & Kim

The claim that arbitrators do not speak Esperanto may seem so obvious that it should not be stated at all. The artificial language was conceived in the late nineteenth century by Ludwik Lejzer Samenhof as a simple, neutral language that was not tied to any one culture. People of different national and ethnic groups would…

Arbitration, Arbitrator Selection, Arbitrators, Career

(Aavagard LLP)/ /2 Comments

I recently co-chaired with Gustav Flecke-Giammarco a Delos roundtable on this topic, at the kind invitation of its President and Co-Founder, Hafez Virjee. The topic links to a broader theme: how to be an international arbitration practitioner and manage some balance while at it? It can be tricky, and I am conscious that especially during…

Arbitration, In Memoriam, Qatar

(Qatar International Centre for Conciliation and Arbitration)/ /6 Comments

Dr Minas Khatchadourian left this world for the heavenly abode in July 2021. This news was a great shock to the Middle Eastern legal community. In particular, his loss will be significantly felt in Egypt – his home country – and Qatar – where Dr Khatchadourian spent the last ten years as the General Legal…

Arbitration, Arbitration Industry, Technology

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Wolters Kluwer Legal & Regulatory U.S. recently announced the inclusion of additional topics to the Practical Insights module in Kluwer Arbitration Practice Plus (KAPP). The 23 topics expand Kluwer Arbitration’s capabilities to guide practitioners through the most important steps of the arbitral process. Launched in December 2019, KAPP is a practical extension to Kluwer Arbitration,…

Arbitration, Interim measures, Reform, Ukraine

(Selepey, Volkovetsky & Partners)/ /Leave a comment

In recent years, arbitration has been gaining traction in Ukraine as a fast and efficient method for dispute resolution. It was against this background that in December 2017 a long-awaited reform of procedural legislation was carried out (hereafter referred to as the ‘Reform’). The Reform introduced several pro-arbitration measures. Among these, the Reform sought to…

Arbitration, Artificial Intelligence

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Arbitrator Intelligence

The legal industry has benefited tremendously from recent technological advancements, leading to the expansion of Legal Tech as the driving force for progress in this field. More and more tools – more or less Artificial Intelligence (“AI”)1)Generally, the term “Artificial Intelligence (AI)” refers to machines capable of replicating human intelligence. However, the technological status quo…

Achmea, Admissibility, Arbitration, Arbitration Proceedings, CJEU, Domestic Courts, Energy Charter Treaty, German law, Germany, ICSID, International arbitration, Investment Arbitration, Netherlands, UNCITRAL

, (Nishimura & Asahi)/ /1 Comment

The Achmea saga has taken yet another twist. In a recent communication to the Dutch Parliament, the Dutch Ministry of Economic Affairs and Climate disclosed that it initiated “anti-arbitration” proceedings before the German courts on 11 May 2021 to “avert” two ECT-based ICSID arbitrations brought against it by the German energy companies RWE and Uniper (“Communication”)….

Arbitration

(Willkie Farr & Gallagher LLP), (Baker Hughes), and (Costigan King)/ /Leave a comment

Arbitration Idol is back for season 2! Following the tremendous success of our debut season in 2020, the summer of 2021 is once again dedicated to Arbitration Idol and to helping those in need. What is Arbitration Idol? It was a few weeks into the pandemic when, in June 2020, Svenja Wachtel (Digital Coffee Break…

Arbitration, Hearing protocol, Hearings, Remote hearings

(Wilmer Cutler Pickering Hale and Dorr LLP), (Fountain Court Chambers), and (Delos Dispute Resolution, Virjee Arbitration)/ /Leave a comment

In June 2020, we ran a survey of users’ experiences with remote hearings.  Our preliminary findings, which we published in International Arbitration and the COVID-19 Revolution (edited by Maxi Scherer, Niuscha Bassiri, Mohamed S. Abdel Wahab) showed that over ten times more fully remote hearings appeared to have taken place on an annualised basis in…