Public Interest

Ad hoc arbitration, China, Cryptocurrency, Expedited arbitration, Public Interest, Sport arbitration, Uncategorized

(Anjie Broad Law Firm (Xiamen Office)) and (China University of Political Science and Law)/ /Leave a comment
CIETAC Hong Kong Arbitration Center

On December 30, 2022, the Supreme People’s Court of the People’s Republic of China (“SPC”) released its 36th batch of six guiding cases, all of which relate to the judicial review of arbitration awards. Our previous article focused on the first three guiding cases (Guiding Cases 196, 197, and 198) which addressed several critical issues…

ACICA, Arbitration, Arbitrators, Australia, Diversity, Public Interest

(Ashurst)/ /Leave a comment
ACICA

Efforts to promote diversity in arbitration continue to garner awareness and support from arbitral institutions, legal practitioners, experts, and the arbitration community in general (see e.g., here and here). Unconscious bias is a significant barrier to achieving greater diversity and can hinder opportunities, progression, and careers. It is often tricky to address because, as its…

Caribbean, Challenge of Arbitral Award, Public Interest, Set aside an international arbitral award, Trinidad & Tobago

(Lex Caribbean )/ /Leave a comment

Typically, when a country is labelled as an “arbitration-friendly jurisdiction”, contracting parties are assured that the Judiciary of that country will respect their autonomy and choice to resolve their disputes privately. Usually, courts in a pro-arbitration jurisdictions will likely adopt a hands-off approach and decline to interfere with the outcome of a decision to arbitrate….

European Convention on Human Rights, European Court of Human Rights, Human Rights, Investment Arbitration, Investment Disputes, Public Interest

(City University of Hong Kong/ UMBRA Strategic Legal Solutions)/ /Leave a comment

On 30 November 2022, the Hong Kong International Arbitration Centre (along with the British Institute of International and Comparative Law) organised the 2022 Kaplan Lecture. The lecture was delivered by Robert Spano – a former President and Judge of the European Court of Human Rights (ECtHR) – and focussed on the new frontiers faced by…

China, Cryptocurrency, Enforcement, PRC, Public Interest, Set aside an arbitral award

(CIETAC (HK)) and (Grandall Law)/ /Leave a comment
CIETAC Hong Kong Arbitration Center

In its civil ruling (2018) Yue 03 Min Te No 719 on 26 April 2020, the Shenzhen Intermediate People’s Court (the “Court”) set aside an award made by a local arbitral institution in Shenzhen (the “Award”), a special economic zone and the bridgehead of the China’s reform and opening-up. This judgment was approved by the…

Confidentiality, Discretion, Public Entities, Public Interest, Revenue's office, Tax Obligations

, (Nanni Advogados)/ /Leave a comment

In a dispute involving the Centro Brasileiro de Mediação e Arbitragem – CBMA (“CBMA”) and the Brazilian Federal Revenue’s Office (“FRO”), the Brazilian Federal Court of Appeals prevented FRO from accessing data of arbitration proceedings administered by CBMA. The CBMA, an arbitral institution with headquarters in the city of Rio de Janeiro, State of Rio…

Arbitrability, Commercial Arbitration, LCIA Arbitration, Public contract disputes, Public Interest, Public Procurement, UK

(General Editor International Journal of Arbitration, Mediation and Dispute Management; Queen Mary University of London)/ /3 Comments

In international arbitration, as in other fields of law, the divide between private and public—commercial arbitration and public international (including investment) arbitration—traditionally has been the generally, if uncritically, accepted belief. When public bodies are involved in commercial contracts, the traditional point of distinction has been whether the state operated jure imperii or jure gestionis. Apart…