ACICA, Australia, Australian Arbitration Week, Burden of proof, Evidence, IBA Rules of Evidence

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ACICA 45

Australian Arbitration Week continued in full force on the morning of 16 October 2024, with ACICA45’s panel discussion named, “Filling in the Gaps: Inferences, Presumptions, and Burdens of Proof,” hosted by Deloitte.  The panel was moderated by Brisbane-based ACICA45 Steering Committee members Oliver Cook (Barrister, Level 27 Chambers) and Zara Shafruddin (Associate, Jones Day).  Drawing…

ACICA, Asia, Australia, Australian Arbitration Week, Corporate Social Responsibility, Energy, Energy Dispute, Environmental protection, ESG, Investor-State arbitration, Oil & Gas, Price revision, Renewable energy, Third party funding

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ACICA

On 15 October 2024, Norton Rose Fulbright hosted a breakfast panel discussion on the topic of “Hot Cakes and Hot Takes: Trends and Developments in Asia’s Energy Sector” in Brisbane as part of Australian Arbitration Week. The panel was moderated by Dylan McKimmie, Head of Arbitration and Co-Head of Energy, Norton Rose Fulbright Australia and…

COVID-19, Force majeure, Portugal

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In a landmark decision, the Portuguese Supreme Administrative Court has overturned an arbitral award which dealt with the different available remedies in case of a fundamental change in circumstances (in this case, the effects of Covid-19) ruling that affording a force majeure protection to a party should have the effect of excluding other remedies to…

ACICA, Australia, Australian Arbitration Week, Interviews with Our Editors

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ACICA

Judith Levine is the President of the Australian Centre for International Commercial Arbitration (“ACICA”). Judith has been a long-serving member of ACICA and was one of its Vice-Presidents before her appointment as President in June this year. She is also a leading independent arbitrator based in Sydney, Australia, and has served as presiding, sole, and…

ITA Arbitration Report

(Notre Dame Law School), (Stockholm University), and / /Leave a comment

The Institute of Transnational Arbitration (ITA), in collaboration with the ITA Board of Reporters, is happy to inform you that the latest ITA Arbitration Report was published: a free email subscription service available at KluwerArbitration.com delivering timely reports on awards, cases, legislation and current developments from over 60 countries and 12 institutions. To get your free subscription to the ITA…

Arbitration Act 1996, English Arbitration Act, English courts, English Law, Governing Law, Uncategorized

(Herbert Smith Freehills LLP)/ /1 Comment
Herbert Smith Freehills

The English Arbitration Bill, introduced to UK Parliament in November 2023, aimed to ensure that the Arbitration Act 1996 remained fit for purpose and maintained England’s status as a leading destination for commercial arbitration. However, the bill was lost when the 2024 UK general election was called. In July 2024 the new government reintroduced the…

Artificial Intelligence, Confidentiality, DIS, Diversity, Efficiency, Germany

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The DIS Autumn Conference, held on 10 September 2024, was the main event of the Berlin Dispute Resolution Days, which took place from 9 to 12 September 2024 and were jointly organized by the German Arbitration Institute (DIS), the Federal Ministry of Justice, and the Humboldt University in Berlin. Set against the vibrant backdrop of…

DIAC, DIFC, Enforceability, Enforcement, Enforcement of an arbitration clause, MENA, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UAE

(Blanke Arbitration LLC)/ /Leave a comment

In a recent ruling of 20 June 2024 (ARB 009/2024 Narcisco v. Nash), the Dubai International Financial Centre (“DIFC”) Court of First Instance (“DIFC CFI”) was asked, as part of a wider investigation to grant an anti-suit injunction, to consider the validity of an arbitration agreement that provided for arbitration under the DIFC-London Court of…

Artificial Intelligence, Energy, SIAC, SIAC Symposium, SIAC Symposium 2024, Singapore International Arbitration Centre, Southeast Asia, Trade Disruption

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YSIAC

The 2024 Singapore Convention Week kicked off with a bang on 26 August 2024 with the Singapore International Arbitration Centre (“SIAC”) hosting its flagship SIAC Symposium at the Shangri-La Hotel, Singapore. The SIAC Symposium 2024 featured a welcome address by Mr Davinder Singh SC (Chairman, SIAC; Executive Chairman, Davinder Singh Chambers LLC), a keynote address…

Artificial Intelligence, Confidentiality, Conflicts of interest, Due process, Ethics, Illegally obtained evidence, Privilege, SIAC, SIAC Symposium, SIAC Symposium 2024, Singapore International Arbitration Centre, Southeast Asia, Technology

(Shearn Delamore & Co)/ /Leave a comment
YSIAC

Following the morning session of the SIAC Symposium 2024, which explored issues including the challenges posed by artificial intelligence (“AI”), climate change, and trade disruption (see Part 1), the afternoon session consisted of three plenary panel discussions that delved into the core issues shaping the future of arbitration. These pivotal topics comprised: the ethical considerations guiding…

Arbitral Award, Colombia, Money Laundering, Non-justiciability, Security Exceptions, Self-judging clauses

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One of the most contentious issues in investor-state dispute settlement (“ISDS”), leading to an extensive scholarly debate, and yet one of the least decided legal questions in arbitral practice is the functioning and effect of security exceptions. One of the reasons for that is the relatively low number of investment treaties that include such provisions…

Journal of International Arbitration

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

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Michael Hwang, Gökçe Uyar & Cosima Wimmers, The Enka v. Chubb/Anupam Mittal v. Westbridge Controversies: Why Not the Hong Kong (Partial) Solution? This paper explores the critical theme of determining the governing law…

Crimea, Good Faith, Interpretation, Investment Treaties, Treaty Interpretation, VCLT

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It is not unnoticed that good faith gained relevance in investment treaty arbitration. There is an increasing number of decisions where good faith was relied on by tribunals on the basis of Article 31(1) of the Vienna Convention on the Law of Treaties (“VCLT”), the general rule of interpretation, according to which “[a] treaty shall…

Mass claims, Mass litigation

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Mass arbitration has become extraordinarily expensive and highly volatile. The practice originated during a low tide for conventional class action certification and a high tide for judicial enforcement of individual arbitration agreements and class action waivers. Over the past decade, plaintiffs’ firms embraced this legislative and jurisprudential landscape and coordinated mass filings of individual arbitration…

Anti-arbitration Injunction, Germany, Russia

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Against the backdrop of the ongoing war in Ukraine, numerous commercial disputes have arisen. In a (further) significant ruling dated 1 June 2023, the Higher Regional Court Berlin (Kammergericht or the “Court”) reinforced the integrity of arbitration by confirming the admissibility of arbitration to the exclusion of (Russian) state courts (Case No. 12 SchH 5/22)….

Anti-arbitration Injunction, Russia, Sanctions

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On 4 July 2024, Russia’s Arbitrazh Court of the North-Western Region (cassation) confirmed the earlier decision of the Arbitrazh Court of Saint Petersburg (first instance) to grant an anti-suit injunction prohibiting German Uniper Global Commodities SE (“Uniper”) and Methanhandel GmbH (“Metha”) from continuing ad hoc arbitration proceedings in Stockholm (Case No. А56-16212/2024). The reasons behind…

EU Law, Intra-EU Investment Arbitration, Netherlands, State Aid

, (Linklaters LLP; Erasmus University) and (Linklaters LLP)/ /Leave a comment

There is no dull moment in the intra-EU realm. Pandora’s box has long been opened by the Court of Justice of the European Union (“CJEU”) with its Achmea decision leading to numerous ongoing challenges. In a recent ruling, the District Court of Amsterdam (“Amsterdam Court”) had to address a strategic manoeuvre by the Kingdom of…

ICCA, Yearbook Commercial Arbitration

(General Editor, ICCA Publications; Amsterdam Center for International Law, University of Amsterdam)/ /Leave a comment

The third update of materials for the 2024 Yearbook Commercial Arbitration is available on the KluwerArbitration database, with 29 court decisions from 13 countries. Here are some of the highlights. In a dispute between the Turkish company Etrak Insaat Taahhüt Ve Ticaret Anonim Sirketi and Libya concerning the execution of a settlement agreement governing payment…

Brazil, Environment, Environmental protection, Infrastructure, Latin America

(BMA - Barbosa Müssnich Aragão Advogados)/ /Leave a comment

From 1st to 3rd September 2024, the Brazilian Arbitration Committee—CBAr held its 23rd International Arbitration Conference (“23rd CBAr IAC” or “Conference”) in Brasília, Brazil’s federal capital. The theme of this year’s Conference was “Arbitration and Infrastructure.” The Organizing Committee, composed of both the current and previous CBAr Board members, succeeded in providing a program that…

Brazil, Infrastructure, Latin America

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The 23rd CBAr IAC was a resounding success. The second day of the Conference included a first Panel on the Circulation of Contractual Models and Infrastructure Arbitrations, a second Panel on Contractual Incompleteness and Infrastructure Arbitrations, and a third Panel on the Limits of Consent, Arbitrability, and Judicial Review in Infrastructure Arbitrations. Below, we summarize…

Brazil, Foreign Investment, Latin America

(Eleonora Coelho Advogados)/ /Leave a comment

Continuing the central theme of the CBAr 23rd International Arbitration Conference, focused on discussing “Arbitration and Infrastructure,” the two panels held on September 3rd, 2024 were focused on the rendering of technical evidence in infrastructure disputes and the impact of foreign investment and sustainability in Brazil—topics of great complexity, yet essential for the continued development…

Arbitrability, India, Insolvency, Singapore, UK

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Arbitration and insolvency embody, to some extent, countervailing legal policies. Courts in many jurisdictions have grappled with the extent to which claims involving an insolvent company should be permitted to be resolved through arbitration. In the October 2023 decision of Indian Oil Corporation Ltd v Arcelor Mittal Nippon Steel India Ltd (“Indian Oil”), the Delhi…

Attribution, Awards, Investor-State arbitration, Investor-state tribunals, ISDS

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On 11 April 2024, the Permanent Court of Arbitration published the award in Mason Capital L.P. and Mason Management LLC v. Republic of Korea (PCA Case No. 2018-55) (“Mason”), reaching the same substantive result as last year’s award in Elliott Associates L.P. v. Republic of Korea (PCA Case No. 2018-51) (“Elliott”), while disagreeing on the…

German law, Germany, Hague Service Convention, Russia, Sanctions

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In a decision of 1 June 2023 (Case No. 12 SchH 5/22) that was praised as landmark, the Higher Regional Court of Berlin (Kammergericht) (“KG”) addressed some of the legal issues arising from the complex dispute between Siemens and Russian Railroads (“RZhD”) concerning the unilateral termination of an electric trains maintenance and repair contract by…