Arbitration

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, arbitrators’ conduct, Code of best practices, Conflicts of interest, Diversity, Duty to Disclose, Spain

(Mihaela Maravela Law Office) and (GIN Platform Blockchain Infrastructure)/ /1 Comment

In June 2019, the Spanish Arbitration Club (“CEA”) launched a new Code of Best Practices in Arbitration (the “Code”). This post briefly describes the scope of the Code and provides insights on the specific best practices proposed by CEA. The initiative is commendable, as it reflects the CEA community experience and tackles hot topics in…

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, Evidence, International arbitration, Prague Rules

, (Clifford Chance Asia)/ /1 Comment

The publication of the Rules on the Efficient Conduct of Proceedings in Arbitration (“Prague Rules”) on 14 December 2018 heralded a challenge to the well-established incumbent (i.e. the International Bar Association (“IBA”) Rules on the Taking of Evidence (“Evidence Rules”)) and prompted much debate amongst the arbitral community, including at least six posts on this…

Accountability, Arbitration, Human Rights, PCA

(Permanent Court of Arbitration), (University of Michigan Law School), and (Columbia Law School and University of Deusto)/ /Leave a comment

Since 2013, an independent group of international lawyers (the Working Group of the Business and Human Rights Arbitration project) has been considering the possibility of using international arbitration as a method of resolving disputes over obligations and commitments arising out of business-related human rights abuses.  The idea underlying the project is that international arbitration could…

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, BIT, Energy Charter Treaty, EU Law, International arbitration, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment Arbitration, Multilateral Investment Court

(NL-Investmentconsulting)/ /Leave a comment

The regular readers of the Kluwer Arbitration Blog will recall my blog at the beginning of this year in which I predicted that 2019 would be the ‘Year of the big Harvest’ for the European Commission regarding its efforts to permanently change the landscape of international investment law and arbitration. This posts will review the…

Arbitration, Arbitration institution, DIAC, UAE Federal Arbitration Law, United Arab Emirates

(Galadari Advocates & Legal Consultants) and (Al Tamimi & Company )/ /Leave a comment

Introduction The Dubai International Arbitration Centre (“DIAC”) is a regional arbitration centre created by statue in 1994 as part of the Dubai Chamber of Commerce and Industry (the “Chamber”). On 23 April 2019, the Ruler of Dubai issued Decree No. 17 of 2019 approving a new statute for DIAC (the “New DIAC Statute”). The New…

Arbitration, Iran-United States Claims Tribunal

(University of Cambridge)/ /Leave a comment
Young ITA

During its most active years, between 1982 and 1994, the nine members of the Iran-US Claims Tribunal (at all times 3 from Iran, 3 from the US, and three “neutral” arbitrators) ruled on hundreds of disputes, sometimes involving particularly fraught points of international law, all this while applying and interpreting the UNCITRAL Rules of arbitration…

Africa, Arbitration, Djibouti, ICSID, ICSID Arbitration, ICSID Convention, ICSID Procedure, International arbitration, Investment Arbitration

(University of Arkansas School of Law)/ /1 Comment

On April 12, 2019, the Republic of Djibouti (“Djibouti”) signed the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention” or “Convention”). To date, the Convention has been signed by 163 countries and ratified by 154 countries. Why is Djibouti signing the ICSID Convention at a time when…

Arbitration, Brazil, Forgery, kompetenz-kompetenz, Negative Effect, Positive Effect

(Quinn Emanuel Urquhart & Sullivan UK LLP)/ /Leave a comment

Introduction Unlike other pillars of arbitration like recognition-enforcement of foreign awards and independence-impartiality of arbitrators, the Kompetenz-Kompetenz rule is far from a universal standard. Each jurisdiction has a particular rule, with clear distinctions between the approaches adopted, for example, by the US, the UK, France, Switzerland and China.1)For a comprehensive comparison of these legal systems,…

Arbitration, Interview

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What drew you to the world of International Arbitration? Before moving to the United States, I practiced law in Croatia where I gained litigation experience, among other. I love the dispute resolution aspect of legal work, and especially that of advocating for clients before a court or tribunal. During my Bluebook traineeship at the Legal…

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 Act, New Zealand, Reform, Trust

(Bankside Chambers)/ /Leave a comment

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 Proceedings, Environment, ICSID, International arbitration, Investment Arbitration

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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…

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

(Stout Street Chambers)/ /Leave a comment

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, BIT, Double taxation, Intra-EU Investment Arbitration, Tax

(Bottega Di Bella)/ /Leave a comment

This post aims at highlighting an inconsistency in the law of the European Union (“EU”) in regards to the comparison of the treatment of Bilateral Investment Treaties (“BITs”) and Double Taxation Treaties (“DTTs”) concluded between EU Member States. The inconsistency lies in the diametrically different approaches adopted by EU law and its institutions (“EU Institutions”)…

Arbitration, Arbitration Awards, Arbitration Institutions and Rules, Finland, UNCITRAL Model Law

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

The Finnish Minister of Justice announced at the end of January this year that the revision process of the 1992 Finnish Arbitration Act would be launched during the current government term. Finnish business and arbitration communities greatly welcomed the statement, as it mirrors their long-time efforts towards this goal. The Ministry of Justice has begun…

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…