Latvia has recently taken significant steps to amend its arbitration law, introducing a set-aside mechanism among other necessary changes. This article provides an overview of the background to these changes, the specifics of the new set-aside mechanism, and other amendments made to the Latvian arbitration law. Background Elimination of any or all grounds for…
In a recent judgement rendered in H1 and another v W and others [2024] EWHC 382, the English Commercial Court removed a sole arbitrator under section 24 of the English Arbitration Act 1996 (the “EEA”). This removal was based on statements made by the arbitrator regarding the way he would treat expert witness evidence that gave rise…
On March 11, 2024, an ICSID arbitral tribunal (Juan Fernández-Armesto (President), Wendy Miles, Alexis Mourre), rendered an award in Encavis AG and Others v. Italy. The controversy follows some other 14 disputes initiated by EU investors against the Italian State under the Energy Charter Treaty (“ECT”) (some of these discussed here) and falls into the…
On 5 March 2024, the European Court of Human Rights (“ECtHR” or “the Court”) delivered its judgment in Iliria S.R.L. v. Albania (“Iliria”), a case concerning a complaint under Article 6(1) of the European Convention on Human Rights (“ECHR” or “the Convention”) relating to a more than 17-year delay in the conclusion of recognition (exequatur) proceedings…
South Africa’s evolution into the premier destination for international arbitration in the Southern African Development Community (“SADC“) region exemplifies its commitment to legal modernity, accessibility, and the highest international standards. South African legal jurisprudence has come to enjoy significant influence in an increasingly globalised world where political, economic, social, and legal activities transcend territorial borders….
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 29 November 2023, speakers from various jurisdictions met at a conference at Heuking in Düsseldorf, organised by the European Chinese Arbitrators Association (ECAA) and the Asian European Arbitration Centre (ASEAC), to discuss whether we are currently experiencing “A New Dawn of Arbitration in Asia”. Professor Sundra Rajoo, Director of the Asian International Arbitration Centre,…
Clyde & Co LLP partnered with Jus Mundi and Queen Mary University of London (“QMUL”) School of International Arbitration to bring together a number of speakers on the development of arbitration and practice of investment in the Latin American (“LatAm”) region. The event kicked-off with a review of Jus Mundi’s latest energy arbitration report which…
Expert witness evidence plays a pivotal role in the outcome of arbitrations, particularly in construction disputes. Rarely do construction disputes turn on significant differences between the parties’ versions of the facts, which are flushed out under dramatic, Boston Legal-style cross-examination. More often, it is the skilful application of settled facts by the parties’ legal counsel…
On January 28, 2009 we launched the Kluwer Arbitration blog with the goal of featuring “posts of the highest possible quality” as an “interactive publication” that would render Kluwer’s arbitration offerings even more complete. As Roger Alford wrote in his first post in January 2009, “[g]iven the nature of international arbitration, it is astonishing that…
Svetlana Vasileva-Stratenwerth is the Secretary General of the Arbitration Foundation of Southern Africa (AFSA) International. She manages the AFSA International Secretariat, where she oversees the administration of international arbitrations. Her professional journey spans over two decades, specialising in international trade, investment, and commercial disputes. She is passionate about championing alternative dispute resolution across Africa and…
In a region characterized by infrastructure projects and ambitious architectural feats that shape the nation’s skyline, arbitration has emerged as a common choice in the industry for settling construction disputes. This preference arises as foreign parties can sidestep entwining with local courts, enjoy privacy, and present their matters to arbitrators who are well-versed with the…
At the Kluwer Arbitration Blog, December is the month to thank our readers and collaborators for their readership, contributions, and support. This is also one of the occasions in which we highlight and we praise our excellent editors. The Kluwer Arbitration Blog will celebrate 15 years of existence in 2024. On 28 January 2009, the…
The Vienna International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC)’s Selected Arbitral Awards are intended to provide a unique and valuable insight into a diverse range of important and challenging procedural and substantive issues, which have arisen in international arbitration under the auspices of the Vienna Rules since its inception in 1975. The…
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…
The rapid growth of international arbitration in the Asia-Pacific has sparked many discussions about how different cultural practices and legal traditions impact advocacy in cross-border disputes (see, for example, Global Arbitration Review’s The Guide to Advocacy). On 3 August 2023, ACICA45 and King & Wood Mallesons in Sydney hosted a session titled “Clash of Cultures…
Efforts to promote diversity in arbitration continue to garner awareness and support from arbitral institutions, legal practitioners, experts, and the arbitration community in general (see e.g., here and here). Unconscious bias is a significant barrier to achieving greater diversity and can hinder opportunities, progression, and careers. It is often tricky to address because, as its…
In response to the shutdown of the WTO Appellate Body in 2019, a subset of WTO Members entered into the Multi-Party Interim Appeal Arbitration Arrangement (“MPIA”). The MPIA has been in effect since 30 April 2020. Although it is an “interim” arrangement that will only function as long as the Appellate Body is inoperative, it…
On 27 June 2023, a pilot project on contract construction in international arbitration was presented and discussed at the Institute for Forensic Linguistics, Aston University. The project explores to what extent international arbitration ensures that contracts are construed in an autonomous, uniform way. The short answer is: only to a small extent. Admittedly, contracts are…
The meteoric rise of eSports in recent years has been a remarkable cultural phenomenon. What began as a niche activity enjoyed by a small group of enthusiasts has exploded into a global industry with millions of fans, thousands of professional players, and prize pools that can exceed tens of millions of dollars. The recent launch…
I first discovered the resemblance between the concepts involved in blockchain arbitration and John Rawls’ ‘veil of ignorance’ while conducting research on the metaverse and arbitration. With the recent enforcement of a blockchain arbitration award by a Mexican Court, it is appropriate to take a step back and analyze the relevance of Rawls’ 1971 theory…
Arbitration can be defined as a dispute resolution mechanism by which parties submit their case to a specifically chosen decision-maker to render a binding decision. Arbitration is a consensual procedure and can only be initiated if parties have agreed to do so. As most arbitration laws, the Brazilian Arbitration Act (“BAA”) provides for the enforceability…
In recent years, there has been a significant increase in IP cross-border disputes, including in non-traditional sectors. The Korean Commercial Arbitration Board (“KCAB”), which is the sole arbitral institution in Korea that is statutorily authorized to settle disputes under the Korean Arbitration Act, has experienced a gradual increase in IP-related cases. This article aims to…
In general, arbitration laws do not make express provision for rules of evidence and institutional rules largely leave it to the arbitral tribunal to determine matters of evidence. It might, therefore, be thought uncontroversial to state that strict rules of evidence do not apply in arbitration proceedings. But while most practitioners would concede that arbitration…
