Australian Arbitration Week Recap: Blood, Sweat and T … ribunals
…of an international body in a domestic sport, like Australian rules football, means that referrals to the Court of Arbitration for Sport (“CAS”) are of limited attraction to the AFL…
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Arbitrability, Australia, Australian Arbitration Week, Competition Law, Intellectual Property, Intellectual Property Rights, science, WIPO
Australian Arbitration Week Recap: The Next New Variant? Arbitration in the Healthcare and Life Sciences Sector
…Australian Arbitration Week. The panel was moderated by Cara North of Corrs Chambers Westgarth and comprised: The Honourable Dr Annabelle Bennett AC SC, retired judge of the Federal Court of…
ACICA, Australia, Australian Arbitration Week, England, Interviews with Our Editors, National Courts
Interviews with our Editors: In Conversation with The Hon. Wayne Martin AC KC
…creation of the Supreme Court of Western Australia’s Arbitration List. Prior to becoming Chief Justice, Mr Martin was a senior member of the Western Australian Bar, having taken silk in…
Einarsson v Canada and Data as Asset in Investor-State Dispute Settlement
…parties (for a more extensive account of the facts, see here). Court decisions, upheld on appeal, established on the one hand, GSI’s copyright over the data. On the other hand,…
The Contents of b-Arbitra, Issue 2023-1
…the Supreme Court gave some interesting guidance on the application of the VCLT. Last but not least, on 24 April 2023, the Supreme Court rejected an application to annul the…
Applicable Law, Governing Law, Lex Arbitri, lex contractus, Lex Fori, Limitation period, Place of arbitration, Procedure, Seat of the arbitration, Substantive Law
Applicable Laws for Limitation Periods: Blurring Substantive and Procedural Lines in International Commercial Arbitration? (Part Two)
…in the application of laws are important in both court litigation and arbitral proceedings, the problem of ‘forum shopping’ (i.e., a party attempting to obtain advantages by choosing to initiate…
Is It Time for a Code of Conduct for Arbitrators in International Commercial Arbitration?
…the SIAC Rules 2016 allows the President who is defined as “the President of the Court and includes any Vice President and the Registrar” to remove an arbitrator in certain…
Should Section 67 of the English Arbitration Act 1996 Be Reformed?
…application of section 103(2)(b), the Supreme Court analysed section 67, amongst other provisions. Despite acknowledging the competence-competence doctrine, the Supreme Court held that the court at the place of enforcement…
Artificial Intelligence, Asia-Pacific, Energy Dispute, Insolvency, Intellectual Property, Northeast Asia, SIAC, SIAC Symposium 2023, Southeast Asia, Technology, Trade
SIAC Symposium 2023 Part 2: Charting the Future of International Arbitration – Insights into Regional and Topical Developments and Trends
…parties being able to arbitrate sports disputes in Jakarta instead of having to go to Lausanne, and the Indonesian Supreme Court’s efforts to correct lower courts’ decisions, to support arbitration….
Appointment of arbitrators, Asia-Pacific, Climate change, Court Assistance, Expedited arbitration, Expedited Proceedings, Insolvency, Institutional Rules, Investor-State arbitration, Northeast Asia, SIAC, SIAC Symposium 2023, Singapore, Singapore International Arbitration Centre, Southeast Asia, Technology
SIAC Symposium 2023 Part 1: Charting the Future of International Arbitration – Geopolitics, the Next Generation of Dispute Resolution, and Draft 7th Edition of the SIAC Rules
…K Shanmugam, SC (Minister for Home Affairs and Minister for Law, Singapore) and a plenary address by Justice Judith Prakash (Justice of the Court of Appeal, Supreme Court of Singapore)….
Guiding Cases 196 – 198 Issued by the PRC Supreme People’s Court – Further Steps Toward a Pro-Arbitration Regime
In 2010, the Supreme People’s Court of the People’s Republic of China (the “SPC”) issued the Provisions of the Supreme People’s Court on Case Guidance (the “Provisions”). The Provisions are…
Arbitration Tech Toolbox: Applicable Law, Choice of Courts and Enforcement Issues in Metaverse Disputes
…US Supreme Court has rendered its decision on this issue in Coinbase v Bielski (2023). Third, who has offered/accepted the contract: avatars or programmers of the smart contracts. Offer/acceptance requires…
São Paulo Court of Appeals Annuls Arbitral Award for Failure to Issue a Dissenting Vote
The São Paulo Court of Appeals (“TJSP or “Court”) recently annulled a quantum arbitral award and referred the case back to the arbitral tribunal because one of the three arbitrators…
From its Origins to Actuality: The Permanent Court of Arbitration
On July 26, 2023, the Latin American Arbitration Association (ALARB) organized a webinar on New Developments of the Permanent Court of Arbitration (PCA). The discussion was introduced by Claus von…
Storm in a Teacup: A New Ground for Annulling Hungarian Construction Arbitration Awards
…are subjected to the same impartiality and independence provisions as court-appointed experts in state court litigations. The PCEB issues expert opinions to establish the scope of works to be carried…
Brazil, Brazilian Arbitration Act, Duty to Disclose, Duty to investigate, Impartiality, Independence, Independence and Impartiality, Latin America
Is the Arbitrator’s Failure to Disclose a Sufficient Ground to Set Aside an Arbitral Award? – A Brazilian Perspective
…the issue. For instance, the UK Supreme Court in the Halliburton Company v. Chubb case ([2020] UKSC 48) and the US Supreme Court in the Commonwealth Coatings v. Continental Casualty…
Modernising Trinidad and Tobago’s Arbitration Landscape: Key Features of the 2023 Arbitration Act
…court to stay legal proceedings to uphold an arbitration agreement, recognising their formal validity unless the agreement is found to be null, void, or incapable of being performed (see Section…
The Ruling of the Dubai Court of Cassation in Case No. 1514 of 2022: Three Key Procedural Takeaways
…recent Dubai Court of Cassation’s ruling was the Court’s clarification – in derogation from previous rulings of the Dubai Court of Cassation (for example in Dubai Court of Cassation Case…
Harnessing the Potential of Award Review Tribunals in Nigeria: A Strategic Approach
…Law. Among its salient features is the Award Review Tribunal (ART) mechanism, outlined in Section 56. This distinctive, innovative procedural offers an alternative to traditional court challenges that potentially streamlines…
KluwerArbitration ITA Arbitration Report, Volume No. XXI, Issue No. 7-8 (September 2022)
…court’s decision to reject an application for the appointment of an arbitrator. As a second question, the Supreme Court evaluated whether a pathological dispute resolution clause referring to a non-existent…
Dispute Resolution in Carbon Markets
…campaign featuring the carbon offset product, ‘CO2Zero’, which involved reforestation projects that supposedly compensated for KLM’s flight emissions. A Dutch court recently made a preliminary ruling on standing in favour…
Belgium’s Supreme Court Overturns Decades-Old Precedent and Allows Disputes About the Termination of Exclusive Distribution Agreements to Be Settled by Arbitration
…of law made by the parties. Belgian Supreme Court’s Former Classic Protectionist Stance In its landmark 1979 Audi-NSU v. Adelin Petit decision (28 June 1979), the Belgian Supreme Court,…
Reficar v. CB&I: A New Standard for Risk Allocation and Contractor’s Liability in Construction Contracts of Energy Infrastructure
…day. This petition was filed before the United States District Court for the Southern District of New York and is still pending. The Tribunal’s Decision The Tribunal issued its…
The Multiple Roles of the UNIDROIT Principles of International Commercial Contracts in Arbitration
…to effectuate justice, similar to a court of law but in a confidential setting and with adequate speed, including in the form of emergency arbitration if so requested. According to…