2022 in Review

2022 in Review, Arbitration, International Investment Arbitration, International Investment Law, Ukraine

(Visiting Lawyer at Linklaters)/ /Leave a comment

2022 was undoubtedly the most challenging year in the history of independent Ukraine. The international implications of Russia’s war against Ukraine, including economic sanctions and global energy and food crises, have been felt even in the most remote corners of the globe. Unsurprisingly, the war also stalled the majority of investment arbitrations involving Ukraine, affecting…

2022 in Review

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In our 2021 in Review post, we predicted that 2022 would not disappoint; it would be another busy year with several investment arbitration-related developments in the European Union (EU). In line with the Blog’s traditional “year-in-review” series, this post is the moment of truth for our prediction. In what follows, I will offer an overview…

2022 in Review, Diversity, Sustainability

(Shardul Amarchand Mangaldas )/ /2 Comments

In 2022, the international arbitration community took several further impactful steps towards building awareness of diversity challenges in the profession and towards improving existing disparities. As previously discussed on this Blog here and here, an intersectional analysis of diversity is important to evaluate how each minority is faring, individually and when intersected with each other….

2022 in Review, Emergency Application, Emergency Arbitrator, Enforcement, Group of Companies Doctrine, India, Institutional Arbitration, Non-signatory

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In recent years, arbitration in India has grappled with numerous challenges.  Recalcitrant parties knocking on the doors of trigger-happy courts ensured, unfortunately, that arbitration was viewed with mistrust in India.  However, the changes observed in the last few years, including those discussed in our prior year in review posts focused on India (see here, here…

2022 in Review, AAA Model BIT, AfCFTA, Africa, Nigeria, Sierra Leone Arbitration Act, Surveys

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2022 witnessed the continued growth and concerted efforts of practitioners within Africa to promote the use of arbitration across the region. A report published by Herbert Smith Freehills in the first quarter of 2022 revealed that the number of arbitrations taking place in the continent, in comparison with those outside the continent, has increased. Despite…

2022 in Review, Federal Supreme Court of Switzerland, Switzerland

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This post highlights the most significant arbitration-related developments in Switzerland in 2022 that are of interest to the international arbitration community at large. Part I focuses on the topic of arbitrator’s independence and impartiality as well as on enforcement of arbitral awards in Switzerland, all from the perspective of the Swiss Federal Supreme Court (‘SFSC’)….

2022 in Review, Federal Supreme Court of Switzerland, Switzerland

(Rihar & Thouvenin Dispute Resolution)/ /Leave a comment

This Part II of the 2022 Year in Review: Switzerland post focuses on decisions of the SFSC providing useful guidance on the remedy of revision (as in force since January 2021) and on the concept of “treaty shopping”. In addition, Part II briefly summarizes the main developments in Swiss legislation and arbitration rules (Supplemental Swiss…

2022 in Review, Advance on Costs, Annulment, Applicable Law, Duty to Disclose, France, International Public Policy, Intra-EU Investment Arbitration

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

This post provides a review of the most noteworthy arbitration-related developments in France in 2022. In a nutshell, last year, French courts consolidated previous approaches and solutions endorsed in 2020 and 2021, and confirmed major developments of French arbitration law.   The Fear of a Substantive Review of Awards by the Annulment Judge Are French…

2022 in Review, Canada, Commercial Arbitration, Insolvency, Recognition and enforcement of arbitral award

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In 2022, Canadian courts revisited some old issues, like the timeframe for recognizing foreign arbitral awards, but also faced new dilemmas, such as the impact of sanctions on recognition and enforcement. Fostering Canada’s pro-arbitration standing, courts were generally adamant about referring commercial parties to arbitration, although a few exceptions that arose in insolvency contexts are…

2022 in Review, Canada, ISDS, Recognition and enforcement of arbitral award

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The past year has seen several victories for Canada on the ISDS front, a conclusion of a decade-long NAFTA arbitration, and much more. If 2022 is any indication, readers will have many more developments to look forward to during 2023.   Canada comes out of 2022 mostly on top in ISDS Of the cases surveyed,…

2022 in Review, Human Rights

(Georgetown Law) and (Columbia Law School)/ /Leave a comment

This is the fourth consecutive year that we, either together or separately, have reported on trends at the intersection of human rights and international investment arbitration from the prior year (see prior Blog coverage, here, here, and here). As we emphasized last year, developments at this intersection continue directional trends from prior years, but also converge across both…

2022 in Review, ECT Modernisation, Energy Charter Treaty, ICSID, ICSID Amendments, ICSID Arbitration, ISDS Reform, UNCITRAL

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2022 was strongly marked by the change and reform of institutions, treaties, and procedural rules relevant to investor-State dispute settlement (ISDS). This post summarizes the most important institutional and structural reforms that were progressed during 2022 in relation to investment treaty law and ISDS. The focus is on the various reforms pursued under in the…

2022 in Review, Environment, ESG, Human Rights, International environmental disputes, International Investment Law, OECD, Paris Agreement

(University of Bristol) and (University of Wollongong)/ /Leave a comment

2022 was arguably the year when climate change entered the mainstream of policymaking in the investment treaty regime, with a particular focus on aligning the regime with international climate commitments, most notably the Paris Agreement. Nevertheless, debates over the interaction between the investment treaty regime and climate mitigation efforts have been active for around 15…

2022 in Review, Employment arbitration, Section 1782 Discovery, United States, United States Courts

(Freshfields US LLP) and (Freshfields Bruckhaus Deringer US LLP)/ /Leave a comment

2022 was a busy year for the United States Supreme Court’s arbitration docket. The Court spent significant time defining the role of federal courts in arbitration-related litigation: it curbed Section 1782 discovery in support of international arbitration, limited the preferential treatment given to arbitration over litigation, protected the right to individualized arbitration, and limited the…

2022 in Review, Investment Disputes, Investor-State arbitration, ISDS, Latin America

(Herbert Smith Freehills), (BakerHostetler), and (Barbosa, Müssnich & Aragão Advogados – BMA)/ /Leave a comment

2022 was a year of change and action with important developments in investment arbitration in Latin America.  The region continues to top the ICSID investment arbitration caseload, accounting for  28% of the total of registered cases by June 2022. In 2022, states and arbitral institutions sought to modernize investment protections and their institutional frameworks. In…

2022 in Review, Ukraine

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On 24 February 2022, people in Ukraine woke up at approximately the same time. There was no coffee or kisses from the loved ones. There were explosions. Bombs being dropped on heads of Ukrainians. Missiles destroying Ukrainian cities and taking people’s lives. Each Ukrainian will always remember his or her “Wake up, the War has…

2022 in Review, Argentina, Brazil, Chile, Colombia, Mexico, Peru

(Herbert Smith Freehills), (Barbosa, Müssnich & Aragão Advogados – BMA), and (BakerHostetler)/ /Leave a comment

After struggling with the adverse effects of the COVID-19 pandemic, 2022 remained a period of transition for Latin America.  New arbitration rules and protocols were adopted in jurisdictions such as Ecuador, Brazil and Mexico that reflected best practices born out of the limitations placed on arbitrations by the pandemic.  Other jurisdictions such as Colombia, Chile…

2022 in Review, Admissibility, Alternative fee arrangements, Arbitration Institutions and Rules, Cambodia, Enforcement, Jurisdiction, Malaysia, Philippines, Singapore, Thailand, Vietnam

(Clifford Chance Asia) and / /Leave a comment

The year 2022 seems to have passed in a flash, but not without bringing some exciting developments for the arbitration scene in Southeast Asia. From the Southeast Asia editorial team, here are some of the past year’s highlights.   Developments in the law and jurisprudence Contributors to the Kluwer Arbitration Blog critically analysed the Singapore…

2022 in Review, Australia, New Zealand, Pacific Islands

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Introduction In 2022, we witnessed the growth of efforts to understand and promote the use of arbitration across Australia, New Zealand and the Pacific Islands. These efforts largely took the form of empirical studies and reports, as well as the resumption of in-person events. Legal and policy developments in both commercial and investor-state arbitration have…

2022 in Review, Arbitration Tech Toolbox, Crypto, Cybersecurity, Cybersecurity Protocol, Metaverse, Smart Contracts, Technology, Virtual hearings

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The year 2022 was a busy one at the intersection of technology and international arbitration, both for the arbitration community and for the Kluwer Arbitration Blog. Virtual hearings further cemented their status as a mainstay of arbitral practice; we saw a burst of guidance, soft law instruments and rule-setting activity; and our Arbitration Tech Toolbox…

2022 in Review, Arbitration Act, HK Arbitration Week, Hong Kong, Interim measures, ISDS, Japan, Korea, Legislative amendment, Macau, New York Convention, PRC, Taiwan, Treaty, Turkmenistan, Uzbekistan

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East and Central Asia made further strides to promote arbitration, including through legislative reforms and enhancement of judicial assistance, as well as the accession, ratification, and creation of treaties.  Some domestic courts clarified views on fundamental issues in arbitration.  On the user side, East and Central Asian parties continued to be active as both claimants…

2022 in Review, Kluwer Arbitration Blog

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At Kluwer Arbitration Blog, December is the month to thank our readers, collaborators and editors for their readership, contributions and support. 2022 was a year of hope, after two long years of Covid-19 restrictions, without having the opportunity to meet in person. But 2022 has been yet another demanding year: We have continued to deal…