Arbitration Proceedings

2019 In Review, Africa, Anti-suit injunction, Arbitration, Arbitration Proceedings, International arbitration, Investment Arbitration, Nigeria, Tanzania

(University of Oxford)/ /Leave a comment

2019 has been a busy year for international arbitration in Sub-Saharan Africa. Indeed, the year has brought an interesting wave of precedents, new domestic statutes, modern international investment agreements, and arbitration events. This post highlights and summarises some of the African developments covered in the Blog in 2019, with many thanks to the authors who…

Arbitration, Arbitration Awards, Arbitration Proceedings, Enforcement, France, International arbitration

(Laborde Law)/ /Leave a comment

Under French law, the principle is that both a request to set aside an award and an appeal of a decision upholding enforcement (ordonnance d’exequatur) have no suspensive effect (Article 1526(1) of the Code of Civil Procedure, ‘CCP’), so that an international arbitral award is immediately enforceable. However, as an exception, stay or adjustment of…

Arbitration, Arbitration Proceedings, Arbitrators, Insurance, Liability, regulation

(Ellex Valiunas )/ /2 Comments

Arbitrators’ civil liability is not a topic that everyone within the arbitration community enjoys discussing. Therefore, it is not surprising that the approach to the concept of liability differs within the arbitration community. In cases where someone may face civil liability, the possibility to insure such risk arises. This blog post, therefore, will deal with…

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Case Management, Efficiency, International arbitration, Poland

(Akademia Leona Koźmińskiego) and (Kocur & Partners)/ /Leave a comment

Essential Role of Effective Case Management in Arbitration Throughout the second half of the 20th century, arbitration has become a dominant and preferred method for resolving international disputes. Its advantages are widely known. This being said, international arbitration suffers nowadays from increasing costs and duration of the proceedings. It is less efficient than it promises….

Adjournment, Arbitration, Arbitration Proceedings, Enforcement, England, English Law, Nigeria

(Clyde & Co)/ /Leave a comment

In the recent judgment of AIC Limited v The Federal Airports Authority of Nigeria [2019] EWHC 2212, the English High Court adjourned the decision to enforce a Nigerian arbitral award in exercise of its discretion pursuant to section 103(5) of the Arbitration Act 1996 (which gives effect to Article VI of the New York Convention)…

AfCFTA, Africa, Arbitral seat, Arbitration Agreement, Arbitration Proceedings, Insolvency, International arbitration, Investment Arbitration, Investor-State arbitration

(Equanimity Arbitration) and (Keating Chambers)/ /Leave a comment

With over $3 billion invested by Vedanta Resources in Zambia since it became a shareholder in Konkola Copper Mines (KCM) in 2004, it is a less optimistic turn of events with Vedanta Resources and fellow shareholder, the government-owned Zambian State Mining Company ZCCM-IH (ZCCM), being at loggerheads in arbitration. In this post, we examine what…

Accountability, ADR, Arbitration institution, Arbitration Proceedings, Arbitrators, Data Protection, Dispute Resolution, GDPR, Transparency

(Dimitrov, Petrov & Co.)/ /Leave a comment

The new EU data protection framework, in particular the General Data Protection Regulation (GDPR) applicable as of May 2018, dramatically shifted the focus of all organizations towards ensuring transparency and accountability in their data processing operations. The broad material scope of GDPR practically affects any private organization and practitioner within the EU. Moreover, in certain…

Applicable Law, Arbitration Proceedings, Data Protection, EU Law, GDPR, Sanctions, Treaty, Tribunal

(Hanotiau & van den Berg)/ /Leave a comment

Tribunal Directions re GDPR in Tennant Energy vs. Canada A NAFTA tribunal in the Tennant Energy vs. Canada case recently issued directions by email to the parties stating that “the Tribunal finds that an arbitration under NAFTA Chapter 11, a treaty to which neither the European Union nor its Member States are party, does not,…

Arbitration, Arbitration Proceedings, Nigeria, Party Representation, Seat of the arbitration

(University of Essex)/ /2 Comments

The interplay between the principle of party autonomy and procedural flexibility in arbitration greatly accounts for the growth of international arbitration as the preferred method of dispute resolution for cross-border commercial disputes. The growing trend of this preference is reflected in the most recent International Arbitration Survey conducted by the School of International Arbitration at…

Arbitration, Arbitration Proceedings, Expropriation, International arbitration, Investment Arbitration

, (British Institute of International and Comparative Law (BIICL))/ /Leave a comment

States can regulate as part of their sovereignty and can give away a part of their regulatory freedom by making commitments to foreign investors, such as the obligation to compensate investors for expropriation. Unless a treaty removes or modifies a particular norm of international law, international law on expropriation, including customary law, should apply. The…

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Emergency Application, Emergency Arbitrator, ICC, ICC Arbitration, ICC Rules, Injunction, interim relief, International arbitration

(Enyo Law LLP)/ /Leave a comment

Background The ICC Commission on Arbitration has recently published a report on Emergency Arbitrator (“EA”) Proceedings (“Report”) that promises to “offer guidance to users, counsel and EAs to facilitate the use of EA proceedings through increased transparency and predictability”. The Report analyses the 80 cases in which the ICC EA procedures have been used in…

Arbitration, Arbitration Proceedings, Artificial Intelligence, Efficiency, Finland, GDPR, International arbitration, National Courts

(The Arbitration Institute of the Finland Chamber of Commerce) and (The Finland Arbitration Institute (FAI))/ /Leave a comment
Finland Arbitration Institute (FAI)

On 23 May 2019, the Arbitration Institute of the Finland Chamber of Commerce (FAI) hosted the 15th IFCAI Biennial Conference in Helsinki. The International Federation of Commercial Arbitration Institutions (IFCAI) organises the “IFCAI Biennial Conference” every two years in cooperation with an IFCAI member arbitration institution. This year it was hosted by the FAI in lieu…

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Construction, Construction arbitration, Dispute Resolution, Document Production, Expert evidence, Hearings, IBA, IBA Rules of Evidence, International arbitration, Prague Rules

(Hogan Lovells)/ /Leave a comment

The main concerns of parties when considering arbitration are the costs and length of arbitration proceedings (see, e.g., Queen Mary University of London 2018 International Arbitration Survey). The popularity of arbitration as a method of resolving construction disputes thus depends largely on whether costs can be reduced and efficiency maintained. This is particularly the case…

Arbitration, Arbitration Proceedings, Human Rights, International arbitration

(Hogan Lovells)/ /Leave a comment

During the London International Dispute Week in May this year (which was covered at the Kluwer Arbitration Blog in depth, see here), a panel on “energy disputes in a disruptive world” focused on the increasing prevalence of claims against energy companies in relation to climate change or for involvement in human rights impacts. I had…

Arbitration, Arbitration Proceedings, International arbitration, Technology

(Squire Patton Boggs)/ /1 Comment

Report from a Workshop Hosted by Squire Patton Boggs and Delos on 30 May 2019 in Prague It has been a while now that buzzword of innovation has made its way into the traditionally conservative legal world. While a number of smart tech tools for lawyers such as contract automation or document management systems with numerous…

Arbitration, Arbitration Proceedings, International arbitration, Investment Arbitration, Switzerland, Third party funding

(Gabriel Arbitration AG) and (University of Belgrade)/ /Leave a comment

Prof. Dr. Jelena Perović, from the University of Belgrade (Serbia) and Dr. Nataša Hadžimanović, from Gabriel Arbitration (Zurich, Switzerland), launched the Round Table on Arbitration in 2018 as a forum to discuss controversial issues, share experiences and highlight new trends in arbitration. The 2nd Round Table on Arbitration took place in the magnificent rooms of…

Africa, Arbitral seat, Arbitration, Arbitration Proceedings, BIT, ICSID, ICSID Proceedings, Investment Arbitration, Investment Treaties, Tanzania

(Equanimity Arbitration)/ /Leave a comment

In September 2018, Tanzania took the international arbitration community by surprise when it issued its notice of its intent to terminate the Agreement on Encouragement and Reciprocal Protection of Investments between Tanzania and the Netherlands which was set to expire on 1 April 2019 (Netherlands BIT). Article 14 (2) of the Netherlands BIT provides that…

Arbitration, Arbitration Proceedings, BIT, Enforcement, Gender equality, Human Rights, International arbitration, Investment Arbitration, Netherlands draft model BIT

(Columbia Law School) and (De Brauw Blackstone Westbroek)/ /1 Comment

On 22 March 2019, the Netherlands published its new model BIT (“2019 Dutch Model BIT”). The new model text may well set the scene for a new generation of investment treaties, paving the way with progressive rules on sustainable development and gender empowerment. The 2019 Dutch Model BIT is a refined version of the initial…

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Costs in arbitral proceedings, Delos, International arbitration

(Delos)/ /Leave a comment

As the recent launch of the Prague Rules and the discussions at the Paris Arbitration Week 2019 and London International Disputes Week 2019 have shown, discussions around time and cost efficiency in arbitration remain a key concern of users and the arbitration community. This article accordingly reports on the launch event held by Delos Dispute…

Arbitration, Arbitration Proceedings, Environment, ICSID, International arbitration, Investment Arbitration

/ /Leave a comment

The CERSA (CNRS, University Paris II Panthéon-Assas) organized its fourth event in a series of seminars on selected topics in international investment law and ISDS. On 28 March 2019, a distinguished panel of practitioners and academics gathered in Paris to exchange views on ‘Environmental Considerations in Investment Arbitration’. The discussion was moderated by Catharine Titi…

Accountability, Arbitration, Arbitration Awards, Arbitration institution, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrator Intelligence, CAM, CIS, GIAC, ICC, ICC Arbitration, ICC Rules, SCC, SCC Rules, Transparency

(Addleshaw Goddard LLP)/ /Leave a comment
Jeantet

The second edition of the Jeantet “Arbitrating in CEE and CIS” roundtable was held during the Paris Arbitration Week on Thursday 4 April 2019 at the Jeantet offices. The topic of this year’s edition was “Transparency, Accountability and Choice of Arbitrators”. An increasing demand of international arbitration users for more transparency, predictability of decisions and…

Arbitrability, Arbitration, Arbitration Awards, Arbitration Proceedings, Competition Law, International arbitration, LIDW 2019, London

, (Egyptian Competition Authority)/ /Leave a comment

The last session of the London International Disputes Week discussed the resolution of competition disputes. Sir Peter Roth, The Honorable Mr Justice, President of the UK Competition Appeal Tribunal, gave the keynote speech. Sir Roth explained that, while most of these disputes are a follow up to EU Commission decisions and one must also take…

Arbitration, Arbitration Awards, Arbitration Proceedings, England, English Arbitration Act, English courts, English Law, International arbitration, LIDW 2019, London, Maritime Arbitration, Shipping

(Queen Mary University of London)/ /Leave a comment

Shipping disputes might range from minor issues to complex jurisdictional claims with several parties involved in the contracts. Due to the popularity and observed benefits of arbitration, such as the privacy of the arbitral process and perceived certainty in the binding nature of arbitral awards, arbitral agreements have grown in use with the increase in…

Achmea, Arbitration, Arbitration Proceedings, BIT, Investment Arbitration, LIDW 2019, London

(Chartered Institute of Arbitrators)/ /Leave a comment

The session on International Investment Disputes of the LIDW 2019 was divided in three panels discussing the hot topics in investment law and the Investor-State Dispute Settlement (ISDS) system: investment protection post-Achmea, interim measures, security for costs, emergency arbitration procedures, and transparency in investment arbitration, as well as the wider issue of ISDS reform. The…