As we reported earlier, the 2024 edition of the Paris Arbitration Week (“PAW”) is the first to count the Paris Court of Appeal among is partners. The event organized by the International Commercial Chamber of the Paris Court of Appeal (“ICCP-CA”) was held on 20 March 2024 in a form of a debate on the…
The breakfast debate “Wake up (with) Arbitration” created in 2012 by Valence Borgia, Maria Beatriz Burghetto and Caroline Duclercq relaunched on the occasion of the 2024 Paris Arbitration Week. The aim of the “Wake up (with) arbitration!” roundtable is to bring together arbitration practitioners of all backgrounds and professional experience, to discuss in an interactive…
The Polish Supreme Court (“PSC”) found an arbitration clause unenforceable due to the impecuniosity of one of the parties. This blog post discusses the decision, puts it in the broader context of international and EU law, and considers its relevance to the Court of Justice of the EU (“CJEU”) intra-EU commercial arbitration case law. …
As part of Day 1 of Paris Arbitration Week (“PAW”), Laborde Law held its first PAW event of the week at the Hotel Plaza Athénée, which included two panels addressing issues related to investor-State Dispute Settlement (“ISDS”). The first panel discussed “ISDS Enforcement War Stories and Lessons”, and the topic of the second panel was…
As part of Day 2 of the 8th edition of the Paris Arbitration Week (“PAW”), it was in the magnificent First Chamber of the Paris Commercial Court, one of the oldest jurisdictions in France and the place where the International Chamber of Commerce (“ICC”) was established in 1923, that the PAW Board invited all PAW…
On 19 March 2024, as part of the 8th edition of Paris Arbitration Week, the Comité Français de l’Arbitrage (CFA) organized a much-awaited and well-attended event on Arbitration, Sports Law and the Olympics, only a few months before the opening ceremony of the Olympic Games Paris 2024. Attendees were welcomed by Janice Feigher (Secretary General…
While criminal proceedings and corruption in international arbitration have been much discussed in recent years, on the second day of Paris Arbitration Week, in the scenic 18th century Belgian Residence in Paris, Liedekerke organised a conference focusing on criminal liability, criminal threats and corruption allegations brought against arbitrators. The event was moderated by Bruno Hardy…
Kicking off the 2024 Paris Arbitration Week (PAW), Jones Day hosted a thought-provoking event exploring the nuanced “Interaction between the Merits of the Case and Ratione Temporis Issues” in Investor-State dispute settlement (“ISDS”). Claire Pauly (Partner, Jones Day) moderated the bilingual event that brought together distinguished speakers, where Jérôme Ortscheidt(Special Counsel before the French Court…
Assignment issues are often of decisive importance in international arbitrations given the hard-edged nature of questions of jurisdiction, title, and standing. These issues are often less simple than they would first appear, especially in cases involving the interaction of multiple legal systems, complex financing arrangements, insurance or insolvency. On 12 January 2024, the English Court…
On 18 March 2024, the first day of the Paris Arbitration Week (“PAW”), the School of International Arbitration at Queen Mary University of London and Université Paris I Pantheon-Sorbonne held a joint conference on crypto assets and arbitration. The first roundtable, moderated by Professor Mathias Audit and Dr. Maria Fanou, provided a general introduction on…
On 18 March 2024, the international arbitration community gathered in Paris to kick off the 8th edition of Paris Arbitration Week (“PAW”). Kluwer Arbitration Blog is again this year the official media partner of PAW. This blogpost offers a summary of notable events that took place on the first day of PAW, and notably of the…
Under the Indian Contract Act 1872 (“ICA”), an arbitration agreement is a distinct and separate contract. Like all other contracts, it can be transferred by way of assignment to third parties under Section 37 of the ICA. The Supreme Court of India in Khardah Company Ltd vs Raymon & Co. (India) Private Ltd has held…
Large arbitral awards have generally given rise to multi-jurisdictional post-award litigation (see Yukos). The Deutsche Telekom v India saga is a similar instance, with the Republic of India (“India”) having challenged the arbitral awards before the Swiss Federal Supreme Court (“seat court”) and the courts in Germany, Singapore, and the United States (“US”) (“enforcement courts”)….
On 20 February 2024, Papua New Guinea (“PNG”) passed a dual-track legislative regime regulating arbitration (“New Arbitration Regime”), with the Arbitration (International) Act 2024 (“IAA”) governing international arbitration and a separate Arbitration (Domestic) Act 2024 (“DAA”) governing domestic arbitration. The New Arbitration Regime will come into operation upon the publication of a notice in the…
On 19 October 2023, the ICC Young Arbitration & ADR Forum (YAAF) hosted a workshop titled “Navigating the Frontiers of Artificial Intelligence in Arbitration” in Zurich. The evolution of Artificial Intelligence (AI) from a mere buzzword to a technological force has been remarkably swift. A recent study by Goldman Sachs reveals that, on average, 25%…
The Constitutional Court of Ecuador (“Court”) has recently analyzed the constitutionality of two International Agreements. On 28 July 2023, the Court declared unconstitutional the provision contained in chapter 15.20 of the Trade Association Agreement between Ecuador and Costa Rica (Decision No. 2-23-TI/23), among other reasons, because it incorporated an state-private party (investor) dispute resolution clause…
One of Germany’s most prestigious arbitration-related events, the “Petersberg Arbitration Days” (Petersberger Schiedstage) was held for the twentieth time on 23 and 24 February 2024. The organizers of the annual conference, the Beck Academy and the German Arbitration Institute (DIS) focused this year’s event on a difficult but contemporaneous topic: how international crises create additional…
The Indian Supreme Court in Cox & Kings Ltd. v. Sap India Pvt. Ltd. & Anr has ruled that non-signatories to an arbitration agreement can be considered parties to an arbitration under the ‘Group of Companies’ doctrine in India. The judgment has laid down the contours of this doctrine in the Indian context, and we…
In February 2024, a new arbitration centre was inaugurated in Abu Dhabi. The Abu Dhabi International Arbitration Centre, known as arbitrateAD (“Centre”) launched as an independent and neutral forum for dispute resolution. Aligning with established domestic, regional, and global best practices, the Centre aims to position Abu Dhabi as a pivotal hub for international arbitration….
In the beginning of 2023, a diplomat told the Economist that the Middle East was tired of conflict and that de-escalation and diplomacy would be the orders of the day. While this did not hold true on the political side, it did hold true for the arbitration world. The MENA region witnessed the coming together…
Recent amendments to Federal Law No. 6 on 2018 on Arbitration, the UAE Federal Arbitration Law (“FAL”), introduced by Federal Decree Law No. 15 of 2023 (Amending Certain Provisions of Federal Law No. 6 of 2018 on Arbitration) (“Amendment Law”), give rise to concerns that in an endeavour to improve certain provisions of the FAL,…
In light of COP 28 UN Climate Change Conference in Dubai last year, the Prime Minister of Samoa and Chair of the Alliance of Small Island States (AOSIS), Honourable Fiamē Naomi Mataʻafa, observed: “Our islands are being pushed to the brink by the climate crisis and we need a strong plan of action for survival,…
On the 22nd of December 2023, an ICSID tribunal rendered its award in the case of Peteris Pildegovics and Sia North Star v. Kingdom of Norway. The case is of particular interest insofar as it focuses on the interaction among different branches of international law, namely investment law and the law of the sea. This…
The Regional Arbitral Institutes Forum (RAIF) held the 2023 edition of its annual conference on 10 November 2023 in Bangkok, Thailand. RAIF consists of nine professional arbitration institutes across the Asia-Pacific region. It serves as both a platform to share knowledge and best practices, and an avenue for collaboration among members and delegates from the…
