Arbitration Act

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…

Arbitration Act, Arbitrator Challenges, Arbitrator Selection, Brazil, Brazilian Arbitration Act, Conflicts of interest, Debate, Disclosure, double hatting, Independence and Impartiality, judicial reform, regulation

(FCDG - Ferro, Castro Neves, Daltro & Gomide Advogados) and (Justen, Pereira, Oliveira & Talamini Advogados)/ /1 Comment

The 1996 Brazilian Arbitration Act (the “BAA”), which subjects domestic and international arbitrations to the same set of rules, has been modified only once through the 2015 amendment (the “2015 Amendment”). On July 6, 2022, Brazilian party leaders signed a Motion of Urgency to bypass the standard legislative process – which usually comprises public consultations…

Arbitration Act, Arbitration Agreements, Arbitration institution, Belt Road Initiative, China, judicial review

(Tsinghua University Faculty of Law, Institute for International Dispute Settlement)/ /Leave a comment

A key characteristic of an international commercial arbitration award is its binding nature, although parties may still consent to non-binding arbitration. A consent to non-binding arbitration is problematic when the applicable law explicitly prescribes arbitration to be binding. Mainland China is such a jurisdiction. Thus, the issue of the validity of a non-binding arbitration agreement…

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…

Arbitration Act, Case Management, China, HK Arbitration Week, HKIAC, Interim measures, Interviews with Our Editors, Third party funding, Tribunal Secretary

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Sarah has been HKIAC Secretary-General since September 2016. During her time at the helm, the HKIAC has, among other actions, released its 2018 Administered Arbitration Rules, overseen the changes arising from the 2019 arrangement between Mainland China and Hong Kong regarding interim measures for arbitration (“Interim Measures Arrangement”), became the first foreign arbitral institution to…

Ad hoc arbitration, Arbitration Act, Arbitration institution, China

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The proposed Article 91 in the Draft Amendment to PRC Arbitration Law (the “Draft Amendment”), which was issued by the PRC Ministry of Justice in July 2021, introduces ad hoc arbitration: “The parties to a commercial dispute involving foreign elements may agree on an institutional arbitration or directly agree that it shall be arbitrated by…

Arbitration Act, Arbitration Agreements, Arbitration institution, China, judicial review, kompetenz-kompetenz, Validity

(Hui Zhong Law Firm)/ /Leave a comment

On 30 July 2021, the PRC Ministry of Justice issued the Amendment to the Arbitration Law (Consultation Draft) (the “Draft Amendment”), which is the first substantial amendment of the existing PRC Arbitration Law (the “Arbitration Law”) in more than two decades. (See previous posts on the PRC Arbitration Law here and here.) Of the changes…

Ad hoc arbitration, Arbitral seat, Arbitration Act, Arbitration institution, China

, , (Arnold & Porter Kaye Scholer LLP)/ /2 Comments

Efforts are underway in China to reform the Arbitration Law of the PRC (“PRC Arbitration Law”), a statute that was promulgated in 1994 (effective in 1995) and that remains substantially unchanged to this day.1)The authors wish to thank Arnold & Porter Shanghai office interns Lyuzhi Wang and Steven Peng for their assistance in the preparation…

Arbitration Act, Ecuador, International Commercial Arbitration, Latin America, regulation

(Tobar ZVS)/ /Leave a comment

Ecuador´s Arbitration and Mediation Law (“AML”) was enacted in 1997 and amended in 2015. However, the AML did not count with regulations until August 2021. Given that some provisions contained in the AML are vague, arbitrators, counsel and judges interpreted them in different ways, many of them in contradiction with the very nature of the…

Africa, Arbitration Act, Arbitration Proceedings, Stay of Proceedings, Tanzania

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This post is in response to the post titled “The First Year of Tanzania’s 2020 Arbitration Act” published on the Kluwer Arbitration Blog on 21 April 2021. In the above-mentioned post, Katarina Jurisic and Michael Wietzorek analysed the provisions of Tanzania’s Arbitration Act 2020 (‘the Act’) and the effect that the Act would have on…

Arbitral seat, Arbitration Act, Arbitration institution, Institutional Rules, Japan, Japan Commercial Arbitration Association, JCAA

(Nagashima Ohno & Tsunematsu Singapore LLP) and (Nagashima Ohno & Tsunematsu)/ /Leave a comment

On 31 May 2021, the Japan Commercial Arbitration Association (“JCAA”), Japan International Dispute Resolution Center (“JIDRC”), and the Japanese Ministry of Justice (“MoJ”) co-hosted a webinar on developments in arbitration in Japan and Japan’s potential as an international arbitration hub. Some of the key takeaways from the event include: positive experiences with the physical and…

Arbitration Act, Central Asia, UNCITRAL Model Law, Uzbekistan

(Al Tamimi & Company), (SHERLAW), and (Galadari)/ /Leave a comment

Since 2016, the Government of the Republic of Uzbekistan has been implementing significant political, legislative, judicial, economic, and social reforms with the aim of developing the country, enhancing its investment climate, and improving the lives of its citizens at a much more rapid pace than before.1)The authors were the lead international arbitration experts and resources…

Arbitration Act, Arbitration Act 1996, Foreign seat, India

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On 3 November 2020, the Gujarat High Court rendered a decision in GE Power Conversion India Private Limited v. PASL Wind Solutions Private Limited where it held that while two Indian parties can choose a foreign seat of arbitration, they would not be entitled to seek interim measures from Indian courts under section 9 of…

Amendment, Arbitration Act, Arbitration Act 1996, Enforcement, India

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In a bid to make its legal regime international arbitration-friendly, India has repeatedly amended its principal legislation, i.e. the Arbitration and Conciliation Act, 1996 (the ‘Act’), over the last five years. The most recent one, the Arbitration and Conciliation (Amendment) Ordinance, 2020 (the ‘2020 Amendment’), came into force on 4 November 2020 seeking “to address…

Arbitration Act, New York Convention, Recognition and enforcement of arbitral award, Tonga

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On 12 June 2020, the Kingdom of Tonga (“Tonga“) acceded to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the “Convention“), being the 164th state party to do so. In the context of the Pacific region, Tonga is the 6th state to accede to the Convention after the Marshall…

Arbitration, Arbitration Act, Arbitration Institutions and Rules, Confidentiality, Due process, KCAB, South Korea, Technology, Videoconferencing

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KCAB Next

Significant advances in technology over the last decade have made videoconferencing a viable alternative to traditional, in-person witness examinations in arbitration. As the use of videoconferencing in international arbitration grows more common, we must ask ourselves: do we have the right tools to eliminate the risks that arise with this new technology? This question led…

Anti-arbitration, Arbitration Act, Injunction, Malaysia, Parallel Proceedings, Stay of Proceedings, Third Party

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Introduction It is not uncommon for a party (or an alleged party) to an arbitration agreement to apply to the local courts for an injunction to restrain the arbitral proceedings. Such an anti-arbitration injunction is usually applied for on the grounds that the applicant is not in fact a party to the arbitration agreement and…

Arbitral seat, Arbitral Tribunal, Arbitration Act, Arbitration Agreement, English Law, Express choice, Governing Law, Separability, UK

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Introduction Whenever the court is confronted with the task to determine the governing law of an arbitration agreement on the basis of knowing only (1) the stipulated governing law of the main contract and (2) the seat, a three-folded test will be applied. It inquires into (i) express choice, (ii) implied choice and (iii) closest…

Arbitration Act, Arbitration clause, Brazil, Brazilian Arbitration Act, Consent, kompetenz-kompetenz

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

On September 10, 2019, in considering an interlocutory appeal to stay arbitration proceedings, the Espírito Santo Court of Appeals decided to grant an exception to the competence-competence principle on grounds that the arbitration agreement was prima facie “manifestly illegal”. (Interlocutory Appeal No. 0013950-80.2019.8.08.0012, injunctive relief issued on September 10, 2019).   Background In 2001, the…

ADR, Arbitration Act, Arbitration institution, Law of the Sea, National Arbitration Laws, Philippine Arbitration Convention, Philippines, Recognition and enforcement of arbitral award, Singapore Mediation Convention, South China Sea, UNCITRAL Model Law

(Quisumbing Torres) and / /Leave a comment

The year 2019 was a milestone year for alternative dispute resolution (“ADR“) in the Philippines. It saw the inaugural Philippine Arbitration Convention organized by the Philippine Institute of Arbitrators (“PIArb“) on 25 November 2019 (the “Arbitration Day“), the signing of the Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention“), the implementation of…

2019 In Review, Amparo, Arbitration Act, arbitrators’ conduct, Brazil, Bribery, Colombia, Commercial Arbitration, Constitutional Court, Costa Rica, Ecuador, Guaidó, Kluwer Arbitration Blog, Latin America, Mexico, OAS Guide, Odebrecht investigation, Paraguay, Peru, Venezuela

(Herbert Smith Freehills)/ /Leave a comment

2019 was a lively year for international arbitration in Latin America – especially in the international commercial arbitration arena, which is the focus of this post. Contributors to Kluwer Arbitration Blog reported mostly on favorable developments on arbitration-related legislation, case law and other initiatives. The year, however, ended with a regrettable situation in Peru, where…

Arbitration, Arbitration Act, New Zealand, Reform, Trust

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Introduction On 8 May 2019, the Arbitration Amendment Act 2019 (the Amendment Act) came into force.  It amends the Arbitration Act 1996 and is a much watered-down version of the original proposal.  The Amendment Act makes three changes: (i) the insertion of a new waiver sub-clause in Article 16 of Schedule 1 of the Arbitration Act (which…

Arbitration, Arbitration Act, Confidentiality, Confidentiality and Transparency, New Zealand, Reform

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Introduction: the Arbitration Amendment Act 2019 Arbitration law reform is often portrayed in terms of relentless progress towards enlightenment: towards greater party autonomy, increased efficiency, reduced judicial interference, and more certain enforcement. In important areas of arbitral law and practice, that is an accurate narrative: the acceptance of the principles of Kompetenz-Kompetenz and separability, for…

Arbitration Act, Interim measures, South Africa, Third Party, UNCITRAL Model Law

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

In December 2017 South Africa brought into law its first piece of legislation dedicated to international arbitration, the aptly named International Arbitration Act of 2017 (the New Act).   The New Act The New Act incorporates the provisions of the UNCITRAL Model Law and further aligns the country’s national law with the New York Convention….