Arbitral Tribunal, Arbitration, Arbitration Proceedings, Costs in arbitral proceedings, ICSID Convention, Investment Arbitration

(International Moot Court Competition Association (IMCCA))/ /Leave a comment

and Oleg Temnikov Foreword The tribunal in Mesa Power Group, LLC v. Canada (PCA Case No. 2012-17, Procedural Order No. 2, 18 January 2013) recently stated with regard to bifurcation of proceedings that: “[I]t is good… to let the parties ‘know where they stand’… at an early stage and not to impose the burden of…

Asia-Pacific, Investment agreements, Investment Arbitration, Trans-Pacific Partnership

(Peking University School of Transnational Law)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

Negotiations to establish a Trans-Pacific Partnership (TPP) agreement have been active and ambitious. Following 18 negotiating rounds since 2010, TPP talks now include 12 States, representing nearly 40 percent of global GDP. Scholars have observed that a TPP agreement, given its scale, could provide “staggering” economic benefits as well as a “genuine Asia-Pacific integration track.”…

Arbitration

(University of Cambridge, Faculty of Law)/ /Leave a comment

A prize has been established by the Society of International Economic Law and Cambridge University Press for the best essay submitted on any topic in any field of international economic law. The competition is open to all current undergraduate and graduate students of any university or other tertiary education institution, and those who have graduated…

Arbitral Tribunal, Arbitration, Arbitration Proceedings, Arbitrators

(Budin & Associés Avocats)/ /1 Comment

Introduction Unable to make this year’s ASA Conference I accepted the invitation to submit a brief paper which I entitled: “Six Modest Proposals Before You Get to the Award”. A principal theme was Tribunal logistics and attention. I was happy to receive some positive feedback and have given this theme more thought. Arguably I have…

Arbitration Institutions and Rules, Belgium

(Lexlitis, President CEPANI)/ /1 Comment

The new arbitration rules of CEPANI (The Belgian Center for Arbitration and Mediation) came into force on 1 January 2013 and change the 2005 rules considerably. They will soon be studied and applied around the globe as they will be the applicable rules for the 21st Willem C. Vis International Commercial Arbitration Moot (2014). The…

Injunction, Jurisdiction, Nigeria

(Aluko & Oyebode)/ /Leave a comment

and Afolabi Euba and Hamid Abdulkareem, Aluko & Oyebode, Lagos, Nigeria In the course of 2012, a number of injunctions have been issued by Nigerian courts to stop arbitrations commenced by international oil companies against the Nigerian National Petroleum Corporation (NNPC). One of such orders was made ex parte by the Nigerian Federal High Court…

Arbitration, Arbitration Act, Enforcement, India, Public Policy

(National Law University, Jodhpur)/ /Leave a comment

The Supreme Court of India handed down a judgment earlier this month that restates Indian position on the enforcement of foreign arbitral awards in line with the international standards. In the case of Shri Lal Mahal Ltd. v. Progetto Grano Spa, a three judge bench of the apex court held that review of a foreign…

Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules

(MDisputes)/ /7 Comments

“The Gang of Four” (and I’m not making this up) is the name taken by four of Europe’s leading arbitration institutions to describe their loose affiliation for discussing common issues and sharing best practices. The “Gang” consists of the German Institution of Arbitration (DIS), the Milan Chamber of Arbitration, the Arbitration Institution of the Stockholm…

Arbitration, Investment Arbitration, Treaty, Uncategorized, Vienna Convention on the Law of Treaties

(University of Michigan Law School)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

Because international investment law so often involves the application of treaties, the Vienna Convention on the Law of Treaties plays a key role in structuring its application. Of particular interest for many disputes are the rules of treaty interpretation contained in Articles 31, 32, and 33 of the VCLT. In that context, there are some…

Arbitration, Book Review, Dispute Resolution, International arbitration, Mediation

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /1 Comment
WilmerHale

For arbitration geeks, the beach is a challenge – How can you indulge your passion for international arbitration, without (further) outing yourself as a work-alcoholic without a life? I probably can’t help you much, in that category, but one possibility, with two sub-parts, comes to mind. Arbitration history lets you stay focussed on your one…

Confidentiality and Transparency, Investment Arbitration, Transparency in investment arbitrations, UNCITRAL Transparency Rules

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

On 11 July 2013, the United Nations Commission on International Trade Law (“UNCITRAL”) adopted new Rules on Transparency in Treaty-based Investor-State Arbitration (the “Transparency Rules”), which will come into effect from 1 April 2014. The new rules provide for public access to documents generated during treaty-based investor-state arbitrations (but not commercial arbitrations) brought under the…

Arbitration, Arbitration Act, CAFTA, El Salvador

(Sáenz & Asociados)/ /Leave a comment

and Humberto Sáenz-Marinero, Sáenz & Asociados A few weeks ago, we read a post on Kluwer Arbitration Blog about El Salvador by Ricardo Cevallos. The title was “El Salvador becomes an anti-arbitration jurisdiction?” According to the post, El Salvador is becoming an anti-arbitration jurisdiction. We respectfully disagree with the author’s conclusion. It is true that,…

Arbitration Agreements, Jurisdiction, Jurisdiction of the arbitral tribunal, Mauritius

(LCIA-MIAC Arbitration Centre)/ /Leave a comment

In a recent decision, the Mauritian Supreme Court has roundly rejected a challenge to an arbitrator’s jurisdiction brought under section 20 of the Mauritian International Arbitration Act 2008, and in doing so touched upon the interesting question of the standard of review in such cases. Section 20 of the International Arbitration Act 2008 (“IAA”) allows…

Dispute resolution clause, EU Regulation 44/ 2001, France, International Law

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

By Maxi Scherer and Sophia Lange1)Maxi Scherer is Special Counsel in the International Arbitration Practice Group of Wilmer Cutler Pickering Hale and Dorr LLP and Senior Lecturer at Queen Mary University London; Sophia Lange is an Associate in the International Arbitration Practice Group of Wilmer Cutler Pickering Hale and Dorr LLP. On 26 September 2012,…

ASEAN, Asia-Pacific, Enforcement, International arbitration, Investment protection, New York Convention

(Linklaters)/ /Leave a comment

By Jelita Pandjaitan and Steven Pettigrove of Linklaters, and Nicola Nygh of Allens Linklaters. On 15 July 2013, Myanmar formally acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”).  The New York Convention obliges Myanmar’s Courts to give effect to contractual provisions which provide for…

Arbitration, IBA Guidelines on Party Representation

(National University of Singapore, Faculty of Law)/ /1 Comment

There are many uncertainties in relation to the proper behavior of counsel in arbitration, in particular, in terms of avoiding conflicts of interest, identifying minimum ethical standards, and the overriding question of tribunal control. These uncertainties arise for two main reasons. The first is the lack of consensus as to whether arbitrators have powers of…

Arbitration, Arbitrators, arbitrators’ conduct

(Schellenberg Wittmer)/ /1 Comment
Schellenberg Wittmer

by James Menz and Anya George, Schellenberg Wittmer The (proper) use of administrative secretaries is a recurring topic in the arbitration community. The debate has flared up again in recent months, following the issuance, in August 2012, of the ICC Secretariat’s new Note on the Appointment, Duties, and Remuneration of Administrative Secretaries and, a few…

Arbitration, Arbitration Act, Arbitration Proceedings, Belgium

(Matray, Matray & Hallet)/ /1 Comment

On 16 May 2013, Belgium’s House of Representatives adopted the bill no. 53-2743 that is meant to replace the Sixth Part of the Belgian Code of Civil Procedure (Code judiciaire/Gerechtelijk Wetboek) and thoroughly modernize the Belgian arbitration law. The travaux préparatoires leading to this new law may be consulted here (in French and Dutch). The…

BIT, Damages, ICSID Convention, Investment, Investor

(International Moot Court Competition Association (IMCCA))/ /Leave a comment

Foreword For centuries people have searched for the formula which may give them more gold. It may turn out that some investors have found it. As it will be explained, indirect investments through a chain of intermediary companies hides the risk of multiplication of claims and double recovery. But not according to the tribunal in…

Investment Arbitration, Investment protection, Transparency in investment arbitrations, Treaty

(Independent Arbitrator)/ /Leave a comment

Readers of this blog may be interested to know of an opportunity to participate in the creation of a forthcoming special issue of Transnational Dispute Management (TDM), entitled “Reform of Investor-State Dispute Settlement: In Search of A Roadmap.” Co-edited by myself (Arnold & Porter LLP and Georgetown University Law Center) and Anna Joubin-Bret (Cabinet Joubin-Bret…

Commercial Arbitration, Domestic Courts, Interim Orders, Pro arbitration, Provisional measures, United States

(Hogan Lovells LLP)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

[Written with the assistance of Nina Tandon and Andrew Behrman of Hogan Lovells US LLP] A recent ruling from a U.S. federal district court has highlighted an emerging doctrine in United States courts with respect to a party’s ability to seek provisional remedies from a court in support of international arbitration. The recent ruling, together…

Annulment, Applicable Law, Arbitral seat, Arbitration, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Enforcement, Latin America, Seat of the arbitration, Set aside an arbitral award, Set aside an international arbitral award, South America

(Universidad Monteávila (Caracas))/ /Leave a comment

One of the most important elements to consider when participating in arbitration proceedings is the available mechanisms to challenge the award of the arbitral tribunal. This element acquires an added significance when it comes to international arbitration where the award may be enforced in several jurisdictions. With that in mind, it is pertinent to refer…

Anti-arbitration, Anti-suit injunction, Domestic law, Intellectual Property Rights, Parallel Proceedings

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

In a judgment dated 10 May 2013 (Sanofi-Aventis Deutschland GmbH v. Genentech, Inc., Appeal No 2012-1454) the United States Court of Appeals for the Federal Circuit (the ‘CAFC’) affirmed a first-instance decision refusing the grant of an injunction preventing Sanofi-Aventis Deutschland GmbH (‘Sanofi’) from continuing to participate in an ICC arbitration where issues of infringement…