Abusive Claims, Estoppel, Parallel Proceedings, Set aside an arbitral award, Singapore, Stay of Proceedings

(HFW Singapore LLP) and (WongPartnership LLP)/ /Leave a comment

In the recent Singapore High Court (“Court”) case of DJA v DJB [2024] SGHCR 10 (“DJA v DJB”), the Court was tasked with determining the novel question of whether the general legal principles for an application for a case management stay apply when an applicant seeks a case management stay of its own application to…

Brazil, Brazilian Arbitration Act, England, English Arbitration Act, Latin America, London

(Wilmer Cutler Pickering Hale and Dorr LLP) and (Pinheiro Neto Advogados)/ /Leave a comment

In recent years, there has been a boom in international demand for Latin American commodities as well as massive foreign investment in the region, especially in the energy, mining and construction sectors.  This has led to a corresponding increase in the number of international contracts involving a Latin American party and a foreign party that…

Challenge of Arbitral Award, England, English courts, English Law, Jurisdiction, Section 68 challenge, UK

, (Squire Patton Boggs)/ /Leave a comment

On 9 August 2024, the Commercial High Court of England and Wales (the “Court”) has declined to set aside the Permanent Court of Arbitration (“PCA”) investment award issued in Diag & Mr. Josef Stava v Czech Republic (the “Award”), rejecting the jurisdictional challenges raised by the Czech Republic (the “Judgement”). The Czech Republic challenged the…

German law, Germany, Signature, Tribunal, Tribunal duties, UNCITRAL Model Law

(Clyde & Co)/ /Leave a comment

In a noteworthy decision, the German Federal Court of Justice (Bundesgerichtshof, “BGH”) (Case No. I ZB 34/23, 11 July 2024 – “Decision”) addressed the German arbitration law provision mirroring Article 31(1) 1985 UNCITRAL Model Law on International Commercial Arbitration (“Model Law”). It found that the note “signature could not be obtained” provides sufficient reason for…

Arbitration, Interim measures, Pakistan

(Advocate of the High Courts, Pakistan) and (APM Terminals Maasvlakte II, Netherlands)/ /Leave a comment

In an attempt to modernize Pakistan’s legal regime on arbitration, the Law and Justice Commission of Pakistan assembled the Arbitration Law Review Committee (the “ALRC”), and tasked it to prepare a new legislation on the subject. After protracted deliberations by members of the ALRC, the draft Arbitration Act, 2024 (the “Draft Act”) has come into…

Accountability, Anonymity of arbitrators, Apparent bias, arbitrators’ conduct, Breach of natural justice, Fair hearing, International arbitration, Scope of Confidentiality, Set aside an international arbitral award, Trust

(HFW Singapore LLP) and / /Leave a comment

The judgment of the Singapore International Commercial Court (the “Court”) in DJO v DJP and others [2024] SGHC(I) 24 (“DJO”) provides helpful guidance on when an award may be set aside for breach of natural justice. While setting-aside applications do not generally succeed given the well-established principle of minimal curial intervention, the Court undoubtedly reached…

Latin America, Mexico

(Aldrete Arbitration)/ /Leave a comment
Asociación Latinoamericana de Arbitraje (ALARB)

In May 2024, an LCIA tribunal issued an award in a multi-million-dollar arbitration involving the construction, operation, and service provision of a coal transportation and storage system. The case, which spanned three years, centered on complex issues of party joinder, cross-claims, and contractual obligations. On August 23, 2024, the Claimants filed a petition before the…

Arbitration Reform, Arbitrator Challenges, Domestic arbitration, Latin America, Uruguay

(LL.M. Candidate in International Dispute Settlement (MIDS)) and (Bomchil)/ /Leave a comment

Law No. 20.257, enacted on April 25, 2024, amended the arbitration procedure in domestic arbitrations contained in the Uruguayan General Procedural Code (“GPC”).  Pursuant to Law No. 19.636–Act on International Commercial Arbitration (“AICA”), the amendment of the General Procedural Code enhanced the domestic arbitration framework by providing greater flexibility. The new law eliminated the mandatory…

Ad hoc arbitration, Arbitration Agreement, China, Competence-Competence, Interim measures, PRC, Seat of the arbitration, Validity

, (Hui Zhong Law Firm)/ /1 Comment

On November 8, 2024, the Standing Committee of the 14th National People’s Congress released for public comment the draft amendment to the PRC Arbitration Law (“2024 Draft”) after its first review during the Twelfth Session meeting. The 2024 Draft version generated immediate and widespread concerns and criticism. In stark contrast to the draft amendment released…

Arbitrability, Australia, Climate change, Consumer disputes

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

Greenwashing has become a key target of regulators and climate activists alike, as they bring claims against companies who now face fines, litigation and potential brand damage for misrepresenting the environmental benefits of their products, services and policies. Regulators across the world have launched campaigns against greenwashing. In the US, prior to its recent disbandment,…

Energy, Korea, Middle East, Renewable energy, Southeast Asia, Uncategorized

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On the first day of Seoul Arbitration Festival 2024, law firms Yoon&Yang, 39 Essex Chambers, and Al Tamimi & Company hosted a panel discussion titled ‘New and Renewable Energy Landscape in Korea and Beyond—Current Issues in Project Development and Dispute Resolution.’ The discussion was divided into two sessions. The first session focused on current new…

Arbitration, Enforcement, Exequatur, Netherlands

, (Staunch)/ /Leave a comment

The Court of Appeal of Amsterdam (the “Court”) recently granted leave to enforce a foreign ICC award in the Netherlands, despite fraud allegations and pending setting-aside proceedings in France. The Court (i) accepted territorial jurisdiction on the basis of the claimant’s plausible intent to enforce within the jurisdiction, (ii) examined the fraud allegations with a…

Bifurcation of proceedings, North America, United States, USA

(WU (Vienna University of Economics and Business) - Institute for Accounting and Auditing)/ /Leave a comment

With Procedural Order No 4 on Bifurcation (hereinafter “PO 4”), the Tribunal of Alberta Petroleum Marketing Commission v. USA issued a decision on bifurcation at the request of the Respondent following, as many others, Glamis Gold. While in Glamis Gold the request to bifurcate proceedings was rejected, this Tribunal decided to grant the application. The…

Energy Charter Treaty, Intra-EU Investment Arbitration, Intra-EU ISDS, Spain, United States Courts

(Pierson Ferdinand) and / /Leave a comment

In a pivotal ruling on August 16, 2024, the U.S. Court of Appeals for the D.C. Circuit (“Appellate Court”) addressed whether intra-EU arbitration awards issued under the Energy Charter Treaty (“ECT”) are enforceable in U.S. federal courts. With Spain facing over $390 million in awards, the Appellate Court confirmed that U.S. courts have jurisdiction to…

Arbitration, Insolvency, Lex Arbitri, Lex Fori, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UNCITRAL, UNCITRAL Model Law

(King's College London)/ /Leave a comment

Since 2019, Working Group (“WG”) V of UNCITRAL has been working on the adoption of a choice of law instrument that regulates the law applicable to the international effects of insolvency proceedings. The project seeks to include a rule on the law governing the impact of insolvency in arbitration. Part I of this post examines…

Arbitration, Insolvency, Lex Arbitri, Lex Fori, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, UNCITRAL, UNCITRAL Model Law

(King's College London)/ /Leave a comment

Building on Part I of this post, Part II explains the serious practical disfunctions that would derive from the adoption by Working Group V (“WG V”) at UNCITRAL of the current proposal to subject all the effects of insolvency in arbitration to the law of the State in which insolvency proceedings have been opened (the…

Canada, Domestic arbitration, Jurisdiction, NAFTA, Set aside an international arbitral award

(Mechantaf Law)/ /Leave a comment

In July and August 2024, the Court of Appeal for Ontario (CA) and the Ontario Superior Court of Justice (SCJ) have addressed critical questions concerning the jurisdiction of arbitration tribunals. Two noteworthy decisions have emerged: the first shedding light on the tribunal’s authority to correctly apply matters within its own jurisdiction, and the second on…

Conference, Denial of Benefits, Investment Arbitration, UNCITRAL WG III Series

, (KNOETZL)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

On 23 September 2024, the third ITA Roundtable at an UNCITRAL Working Group III (“UNCITRAL WG III”) session took place at the offices of KNOETZL. Anna Joubin-Bret, Secretary of UNCITRAL, and Jurgita Petkute, Partner at KNOETZL, gave introductory remarks. Dr. Crina Baltag from Stockholm University moderated the discussion of the panel consisting of Lorena Fatás…

Ecuador, Investment Arbitration, Investment Disputes, ISDS, Latin America

(FWO - Ghent University)/ /Leave a comment

On March 27, 2024, an arbitration tribunal issued its Phase II award in the EcuadorTLC v. Ecuador II case (“EcuadorTLC II”), a decision that has flown under the radar of systemic analysis. This case is one of a number of new Ecuadorian arbitration cases (here, here) that have come into the public eye in the…

Conference, ICC, International arbitration

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On 26 September 2024, the International Chamber of Commerce (ICC) hosted the 19th ICC New York Conference on International Arbitration, which brought together over 300 participants from 40 countries to discuss critical developments in international business and arbitration.  Held in tandem with the ICC Institute Advanced Training on “The Amicable Settlement of Disputes in International…

Energy Charter Treaty, Investor-State arbitration, Investor-state tribunals, ISDS, Procedure, Provisional measures

(Università degli Studi di Trieste and Luiss Guido Carli)/ /Leave a comment

On 23 July 2024, an ICSID arbitral tribunal in the case Klesch Group v. Germany issued a decision on provisional measures directing the respondent State to refrain from collecting certain windfall profits tax in order to protect the exclusivity of the ICSID arbitral proceedings and the status quo between the parties. This post will summarize…

China, ITA, Latin America, Mining Sector

(Legal Delta) and , (Debevoise & Plimpton LLP)/ /Leave a comment

On October 1st, over 40 attendees—including senior lawyers, arbitrators, and law students—gathered at Debevoise & Plimpton’s New York offices for a groundbreaking ITA Americas Initiative event titled “Dialogues on Latin American Arbitration: Mining Disputes, China’s Growing Influence, and Recurring Damages Issues.” Organized with the support of the Asociación Latinoamericana de Arbitraje (ALARB), this forum marked…

Brazil, Latin America

, (Adriana Braghetta Advogados)/ /Leave a comment

Brazil is internationally recognized as an arbitration-friendly jurisdiction. As a signatory to the New York Convention, its arbitration framework is modeled on UNCITRAL Model Law, and its highest courts actively support and promote arbitration. Despite this, the participation of Brazilian public entities in arbitration remains a subject of debate, even though legislative reforms aimed at…

Costs, Costs in arbitral proceedings, Security for Costs

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On 7 November 2024, the SCC Arbitration Institute (“SCC”) hosted a discussion on security for costs in international arbitration, with Anna Joubin-Bret, Secretary of UNCITRAL; Dr. Faris Nasrallah, Head of Arbitration at Crescent Petroleum; Dr. Monique Sasson, Partner DeliSasson and arbitrator with ARBITRA; Jake Lowther, Specialist Counsel, SCC Arbitration Institute, and moderated by Dr Crina…