2021 in Review

2021 in Review, Abu Dhabi, DIAC, DIFC, Dubai, KSA, Middle East, Qatar, UAE, UAE Federal Arbitration Law

, (Al Tamimi & Company)/ /Leave a comment

Amidst reeling from the pandemic of 2020, 2021 witnessed a number of arbitration-related transformations, developments and notable decisions issued by the national courts in the Middle East. In this post, we focus in on the Middle East region to reflect on the significant developments that took place in arbitral centres, summarize key judgments issued by…

2021 in Review, Diversity, Sustainability

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

As the field of international arbitration continues to mature, our community grows alongside it. Last year, Dr Maria Fanou and I wrote about this topic from the lens of virtual platforms. We optimistically opined that the increasingly virtual world presented an opportunity for greater collegiality and equity. In late 2020, Maguelonne de Brugiere and Cherine…

2021 in Review, Award Scrutiny, Derivative Claims, India, Joinder, Non-signatory, Seat of the arbitration, Third Party

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While the second wave of Covid-19 hit India harder in 2021 than in 2020, this did not hamper progression in the legal sphere. 2021 saw several notable arbitration-related developments including another amendment to the Arbitration and Conciliation Act, 1996 (“Indian Arbitration Act”). Following on the tradition of the “2020 in Review: India” and “2019 in…

2021 in Review, Admissibility, Annulment, Corruption, Dual Nationals, French Law, Independence and Impartiality

(Laborde Law) and (Pinsent Masons)/ /Leave a comment

Following a fruitful 2020, 2021 also brought some noteworthy developments in France, that this post proposes to review on a general level. Overall, the Paris Court of Appeal (“the Court”) seems to have taken a slightly more exigent approach towards arbitration this year, while the Cour de cassation has overturned regrettable decisions. Admissibility and Waiver…

2021 in Review, International Investment Law, Investment Arbitration, Investment Disputes, Investment law, Investment protection, Investor-State arbitration, Ukraine

(Visiting Lawyer at Linklaters) and , (AVELLUM)/ /Leave a comment

The year 2021 has been the busiest year for Ukraine since 2008, with four investment arbitrations initiated against Ukraine. The odds were not always in Ukraine’s favour. Having secured the dismissal of the case for lack of jurisdiction in Littop and others v. Ukraine, Ukraine was defeated by the investor in Olympic Entertainment v. Ukraine….

2021 in Review, Anti-arbitration Injunction, arbitration rules, Confidentiality, Investor-State arbitration, Malaysia, Maritime Arbitration, Regional Comprehensive Economic Partnership, Set aside an arbitral award, Singapore, Singapore International Arbitration Centre, Vietnam

(Clifford Chance Asia) and , / /1 Comment

In 2021, Southeast Asia saw institutional progress, arbitration-related court decisions, and investment treaty developments. All in all, it was an eventful and, at times, surprising year for the region in terms of arbitration developments.   Institutional progress Some Southeast Asian arbitral institutions revamped and revised their arbitration rules as part of their strategic institutional development….

2021 in Review, AfCFTA, AfCFTA Investment Protocol, Africa

(Aluko & Oyebode) and (University of Oxford)/ /Leave a comment

2021 was significant for Africa with respect to the African Continental Free Trade Area (‘AfCFTA’) and the Agreement establishing it. The aftermath of the COVID-19 pandemic generated a global economic crisis at a very critical phase of the AfCFTA and resulted in a delay in its implementation. This post seeks to place into perspective the…

2021 in Review, Achmea, ECJ, Energy Charter Treaty, EU Law, Europe, European Union, Micula, Multilateral Investment Court

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Looking back on 2021, one realizes that for those interested in the intersection between EU law and investment arbitration, it was a busy year. As part of our customary “year-in-review” series, this post offers a brief overview of the key investment arbitration-related developments in Europe and their coverage on the Blog. I have grouped these…

2021 in Review, Arbitration Act, Arbitration Agreement, Arbitration institution, Cryptocurrency, HK Arbitration Week, Interim measures, ISDS, kompetenz-kompetenz, Legislative amendment, Multi-tiered clauses, PRC, Treaty

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In 2021, East and Central Asia witnessed some noteworthy developments in domestic legislation, jurisprudence, and efforts to enhance the standing of arbitral institutions and seats in the region. There have also been developments in trade/investment agreements and investor-State claims in the region. In this post, our East and Central Asian editorial team reviews this progress…

2021 in Review, Arbitration Institutions and Rules, Argentina, Brazil, Colombia, Conflicts of interest, Ecuador, Enforcement, Latin America

(Herbert Smith Freehills)/ /Leave a comment

In 2021, Latin American countries continued to struggle with the adverse effects of the COVID-19 pandemic.  Accordingly, legislative and jurisprudential developments on arbitration-related issues were also affected given that the governments were focused on reactivating local economies, vaccinating their citizens, and launching tax and labor reforms.  In addition, presidential elections also marked political shifts for…

2021 in Review, Australia, New Zealand, Pacific Islands

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Last year saw positive movements in Australia, New Zealand and the Pacific Islands to better promote the use of arbitration in the region. Arbitral institution rules were modernised and domestic legal frameworks were introduced all to stimulate arbitration activity. The year also saw a sharp focus on the benefits of empirical studies to understand how…

2021 in Review, ICSID Amendments, Investor-State arbitration, ISDS Reform, ITA, UNCITRAL, UNCITRAL WG III Series, UNCITRAL WG3 Series

and (The Australian National University)/ /Leave a comment

The year 2021 has been perhaps the most controversial year for investment arbitration. From the profound structural reform work with respect to the ICSID and UNCITRAL rules, through the complete ban and termination of intra-EU investment arbitration in the European Union, to the ECT modernization process, this year has been marked by change and reform…

2021 in Review, Kluwer Arbitration Blog

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

At Kluwer Arbitration Blog, December is the month to thank our readers, collaborators and editors for their tremendous support. We come at the end of a year of challenges and renewed hopes, for a 2022 where we can meet in person and celebrate our achievements. We would like to express our gratitude for your contributions…

2021 in Review, Brazil, Colombia, Ecuador, Energy, ICSID Convention, Investment Arbitration, Latin America, Mexico

(Locke Lord LLP)/ /Leave a comment

In 2021, we witnessed a number of interesting developments in the field of investment arbitration in Latin America. From Mexico’s actions potentially triggering numerous treaty claims, to Colombia’s four consecutive victories, to Ecuador’s return to the International Centre for Settlement of Investment Disputes (ICSID) Convention. Our authors did a tremendous job covering and sharing their…