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

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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

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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…

Arbitration, Arbitration Awards, Enforcement, Financial Agreements, Financial Industry, International arbitration, LCIA Arbitration, LIDW 2019, London

(University of West London)/ /Leave a comment

The nature and up-coming trends in the financial services dispute sector were one of the topics dealt with during the first day of the London International Dispute Week (LIDW). The audience had the opportunity to formulate an understanding of how financial disputes are treated by courts and tribunals. The Right Honourable Lord Justice Hamblen gave…

Arbitration, Dispute Resolution Data, quantum, Statistics

(Illustrategy, LLC and University of South Carolina Beaufort) and , (Dispute Resolution Data, LLC)/ /Leave a comment

The growing repository of international commercial arbitration case data maintained by Dispute Resolution Data (DRD) is designed to enable practitioners to use analytical tools, ranging from simple to complex, for gleaning valuable insights into the effectiveness of arbitration as an alternative dispute resolution mechanism. For example, we showed in our first blog post that among…

Arbitration, Commonwealth, Surveys

(WilmerHale)/ /Leave a comment

The Commonwealth is a voluntary association of 53 independent countries, comprising large and small, developed and developing, landlocked and island economies. It is home to about 2.4 billion people with not only shared but also very distinct history, culture, values, languages and legal traditions. The shared Commonwealth heritage leads to close diplomatic and commercial relationships,…

Anti-suit injunction, Arbitration, England, ICC Arbitration

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In international commercial arbitration, issues relating to the unconstitutionality of national law (or national legislation) are very rarely raised before the arbitral tribunal. Within a purely academic setting, Jan Paulsson once commented that “[t]here [was] nothing at all unorthodox about the proposition that international tribunals empowered to apply national law [are also entitled to] make…

Amparo, Arbitration, Guatemala

(Universidad Francisco Marroquín)/ /Leave a comment
Young ICCA

The amparo is a constitutional action available in several Latin American countries by means of which a person can request the protection of her fundamental rights when an authority has violated or threatened to violate them.  Because of the amparo’s broad scope, it can be used as a guerrilla tactic in many of those jurisdictions,…

Arbitration, Arbitration Awards, Enforcement, New York Convention, Philippines

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On the 60th year of the signing of the New York Convention, the Philippines’ Supreme Court, for the first time, declared its adoption of a narrow definition of “public policy” under the said convention. In Mabuhay Holdings Corporation v Sembcorp Logistics Limited, G.R. No. 212734, 5 December 2018, it held that “[m]ere errors in the interpretation of…

Arbitration, BIT, Cybersecurity, Energy

(Vinson & Elkins LLP)/ /Leave a comment
Young ITA

The 6th Annual Joint Conference on International Energy Arbitration, co-hosted by the Institute for Transnational Arbitration (ITA), the Institute for Energy Law (IEL), and the International Court of Arbitration of the International Chamber of Commerce (ICC), took place on January 24-25, 2019, in Houston, Texas. Under the guidance of conference co-chairs Andrew T. Clarke (ExxonMobil…

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Cost allocation mechanisms, Costs, Costs in arbitral proceedings, Evidence, Vis Moot, Willem C. Vis Moot

(University of Aberdeen)/ /Leave a comment

The admissibility of illegal evidence in international commercial arbitration is for sure, at the moment, a widely discussed topic among law students and arbitration lawyers thanks to this year’s problem at the Willem C Vis International Commercial Arbitration Moot competition (“Vis Moot Problem”). The Kluwer Arbitration Blog (“KAB”) covered the topic extensively as well in…

Arbitration, arbitrator-party relationship, Arbitrators, arbitrators’ conduct, Lex Arbitri, Liability, Switzerland

(Ellex Valiunas )/ /Leave a comment
Young ICCA

Without any doubt, international commercial arbitration found its place in the system of international dispute settlement. Many natural and legal persons choose to solve their disputes via the means of arbitration and in most of the cases arbitration is international in many aspects: Parties are from different countries, arbitrators are of different nationalities, sitting in…

Arbitration, Arbitrators, Belgium, UNCITRAL Model Law

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Background The Dutch-speaking division of the Brussels Enterprise Court has been understaffed in recent years. On 5 February 2019, the Court’s president issued a press release (here) revealing rather troublesome news that, imminently, the Court will comprise only six full time judges and hearings will be delayed by some two years. The Brussels Enterprise Court is…

Arbitration, Arbitration Awards, Nigeria, Third party funding

(The University of Adelaide)/ /Leave a comment

Matters Arising on Proposed Changes to Arbitration Law in Nigeria In February 2018, the Senate of the Federal Republic of Nigeria passed the much-anticipated Arbitration and Conciliation Act (Repeal and Re-Enactment) Bill 2017 (‘Bill’). Since then, the Bill has been pending before the House of Representatives (HoR) of the Federal Republic of Nigeria, the second…