On the 7th of March, Wolters Kluwer hosted a webinar to mark the launch of the book Investment Arbitration and Climate Change, edited by Anja Ipp and Annette Magnusson (co-founders of Climate Change Counsel) and published by Wolters Kluwer in January 2024. The webinar featured four of the book’s contributing authors: Caline Mouawad (Partner at…
In an interpretative judgment rendered on 21 February 2024 (“Interpretative Judgment”), the highest court of Bulgaria had the occasion to decide whether, in case of an assignment of rights under a contract, the arbitration agreement contained in the contract is transferred automatically to the assignee so that such arbitration agreement becomes effective and binding in…
In a world where present geopolitical tensions continue to worsen and the current global order continues to show signs of disintegration, sanctions have emerged as a key strategic tool to pressure third countries to comply with their international law obligations and further prevent additional violations of international agreements. With this comes disputes in a myriad…
On 22 December 2023, a Tribunal composed of Prof. Bernard Hanotiau, Prof. Brigitte Stern and Dr. Andrés Rigo Sureda (President) issued a final award (“Award”) in an investment treaty case PCA 2019-15 (“Dispute”), between Worley International Inc. (“Worley” or “Claimant”) and The Republic of Ecuador (“Ecuador” or “Respondent”). The dispute arose in connection with agreements…
South Africa’s evolution into the premier destination for international arbitration in the Southern African Development Community (“SADC“) region exemplifies its commitment to legal modernity, accessibility, and the highest international standards. South African legal jurisprudence has come to enjoy significant influence in an increasingly globalised world where political, economic, social, and legal activities transcend territorial borders….
The Arbitration Foundation of Southern Africa (AFSA) will be hosting the first Johannesburg Arbitration Week (JAW) at the Sandton Convention Centre in Johannesburg, South Africa, from 9 to 11 April 2024. Originally scheduled for March 2020, the event was, of necessity, postponed when COVID-19 swept away all before it. With that aberration now consigned to…
As part of the 2024 Paris Arbitration Week (“PAW”), Curtis, Mallet-Prevost, Colt & Mosle LLP hosted a webinar on “Amplifying the Voices of Developing States in ISDS Reform.” This was the third installment in the “Affaires d’Etats” series on Investor-State Dispute Settlement (“ISDS”) initiated by Curtis during 2022 PAW. As the criticisms of ISDS intensify,…
The Supreme Court decision of January 24, 2024 granted the exequatur of a foreign arbitration award and authorized it to be enforced in Chile (the “Decision”). The Decision reaffirms the basic “pro-international arbitration” and “minimal intervention” principles, that posit Chile as an arbitral-friendly jurisdiction so that it could be selected as the seat of many…
On 7 March 2024, the National Branch (“ICC Brasil”) and the ICC Court of Arbitration (“ICC Court”) held the 12th ICC Brazilian Arbitration Day (“ICC BAD” or “Conference”) in São Paulo. Since its inception in 2015, the ICC BAD has enjoyed consistent success, and in 2024 arbitration practicing lawyers and clients had further reasons to…
On 19 January 2024, the High Court of Justice of England and Wales gave judgment in Border Timbers Ltd v Republic of Zimbabwe [2024] EWHC 58 (Comm). The decision of Dias J considered, in detail, the application of the UK State Immunity Act 1978 (“SIA”) to the registration, enforcement, and execution of ICSID arbitral awards…
The COVID-19 pandemic forced many arbitration proceedings from a physical to a virtual format, including witness interrogations. Even though virtual examinations offer many well-known advantages, they introduce dangers as well, especially to the witness’ credibility, inter alia, by facilitating the possibility of perjury. Adding another layer of complexity, this post addresses situations where the interrogation…
57 years ago, the French Cour de Cassation’s Galakis decision (Civ. 1re, 2 May 1966) laid down the principle that French public entities may, exceptionally, submit to arbitration disputes arising from international contracts. Some would even consider that this principle was already in existence with the San Carlo case (Civ. 1re, 14 April 1964) where…
In the commentary to the ILC draft Articles on State Responsibility it is suggested that interest is not “a necessary part of compensation in every case.” (See Article 38, Commentary 1). However, in investor-State disputes, it has become usual for parties to request, and for tribunals to include, interest on top of compensation. The awards…
Mongolia is a country rich in natural resources. Its estimated mineral wealth is $1-3 trillion, with coal, copper, and gold making up the primary reserves. Having been so well endowed by Mother Earth, Mongolia would seem to be an obvious choice for international investors with capital and expertise to exploit these valuable opportunities. However, the…
On Monday 18 March 2024, ESSEC Business School and EFILA co-organized a panel discussion within the framework of the Paris Arbitration Week (“PAW”) 2024, discussing the interactions between Human Rights, Environmental, Societal and Governance (“ESG”), Civil Society and investment arbitration. The event was hosted by Prof. Veronika Korom (ESSEC) and the panel consisted of Grégoire…
Spanish regional High Courts of Justice (Tribunales Superiores de Justicia) have heard applications to annul awards since the 2011 amendment to the Spanish Arbitration Law (“SAL”). The most active among the seventeen regional courts has been the High Court of Justice of Madrid (“TSJM”), in charge of hearing annulment proceedings of Madrid-seated arbitral awards. According…
On the second day of the 2024 Paris Arbitration Week (“PAW”), Addleshaw Goddard hosted another roundtable event titled “Evolving Perspectives on the Right to Regulate: Shaping Investment Treaty Arbitration.” The firm had assembled a five-star panel comprising Dr. Crina Baltag (Professor, Stockholm University), Marcin Kaldunski (Professor, Nicolaus Copernicus University), Nico Leslie (Barrister, Fountain Court Chambers)…
This year’s ITA-IEL-ICC Joint Conference on International Energy Arbitration (the “Conference”), co-organised by the Institute for Transnational Arbitration was a whistle-stop tour of the new frontiers facing arbitration practitioners focused on the energy sector. There were, however, two themes that emerged as particularly significant: (i) the transition towards lower carbon economies; and (ii) the effects…
The first upload of materials for the 2024 volume of ICCA’s Yearbook Commercial Arbitration is now available on the KluwerArbitration database, with 22 court decisions from 10 countries. Here are some of the highlights. The Federal Court of Australia in Devas et al. v The Republic of India held that by becoming a Contracting State…
If the title of this blog scared you, it was meant to. In “The Future of the Professions,” authors Richard and Daniel Susskind, who are leading experts in law and tech, look at the impact of the current technological revolution on professional services. Their starting point is that professional service providers need to ask themselves…
As part of the 2024 Paris Arbitration Week, Clyde & Co hosted a panel on “Sanctions and Arbitration: Lessons Learned and Possible Strategies.” The discussions addressed the impact of economic sanctions before, during, and after arbitral proceedings, from the perspective of professors, arbitrators, counsels, and institutions. The panel, moderated by Nadia Darwazeh, comprised Emmanuel Jolivet…
As part of Day 3 of the 8th edition of the Paris Arbitration Week (“PAW”), several arbitration networks for young practitioners and students, including the Comité français de l’arbitrage (“CFA-40”), the Arbitration Youth Forum (“AFM below 40”), the Italian Under 40 Arbitration Group (“AIA-Arblt 40 below”), the Swiss Arbitration Association below 40 (“ASAb40”), the Club…
As part of Day 4 of Paris Arbitration Week, Fieldfisher and the European Chinese Arbitrators Association joined forces in organising a tour around the world on recent developments in arbitration laws and recently adopted amendments in different jurisdictions. The discussion was moderated by Alice Meissner (Fieldfisher), and panellists included Antje Baumann (Baumann Disputes), Ania Farren…
Arbitral tribunals all over the world face different procedural issues such as deciding on the seat or naming the exact location of the hearing absent the parties’ agreement, considering the application of interim measures and, most importantly, ruling on the jurisdiction. In most of the cases these decisions are made with a precise knowledge on…
