Arbitration

Arbitration, Arbitration Institutions and Rules, Climate change, Energy, Investment Arbitration, ISDS, Kluwer Arbitration Blog, Legitimacy

(Stockholm University)/ /Leave a comment

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…

Arbitral Award, Arbitration, Awards, ITA Arbitration Report, VIAC

, (Vienna International Arbitral Centre, VIAC)/ /Leave a comment

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…

Arbitration, ITA Arbitration Report

(Notre Dame Law School), (Stockholm University), and / /Leave a comment

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…

Advocacy, Arbitration, Arbitrator Selection, Arbitrators, Australia, Culture, Evidence, Witness

, , (King & Wood Mallesons)/ /Leave a comment
ACICA 45

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…

ACICA, Arbitration, Arbitrators, Australia, Diversity, Public Interest

(Ashurst)/ /Leave a comment
ACICA

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…

Arbitration, International Arbitration Procedures, Multi-Party Interim Appeal Arbitration, WTO

(Yulchon LLC)/ /Leave a comment

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…

Arbitration, Contract Drafting, Contract Interpretation

(University of Oslo)/ /Leave a comment

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…

Arbitration, eSports, Mediation, Video Games, WIPO ADR

, , (WIPO Arbitration and Mediation Center)/ /Leave a comment

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…

Arbitration, Arbitration Tech Toolbox, Bitcoin, Blockchain, Ethics

(Jindal Global Law School)/ /2 Comments

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…

ADR Clauses, Arbitration, Arbitration clause, Brazil, Brazilian Arbitration Act, Hardship, Latin America

(Barbosa, Müssnich & Aragão Advogados – BMA) and (BMA - Barbosa Müssnich Aragão Advogados)/ /Leave a comment

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…

Arbitration, Arbitration Institutions and Rules, Asia, Asia-Pacific, Institutional Arbitration, Institutional Rules, Intellectual Property, Intellectual Property Rights, International arbitration, KCAB, Korea, South Korea

, (Korean Commercial Arbitration Board (KCAB))/ /Leave a comment
KCAB International

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…

Arbitration, Court Proceedings, Submissions

, , , (Herbert Smith Freehills LLP)/ /2 Comments

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…

ADR, Arbitration, Arbitration Act, Brazil, Brazilian Arbitration Act, Disclosure, Duty to Disclose, Impartiality, Latin America

(University of Cambridge)/ /Leave a comment

Despite being a relatively young market at just over 20 years old, Brazilian arbitration has experienced rapid growth. As of 2020, Brazil ranked second in the number of arbitrations filed with the International Chamber of Commerce (ICC), surpassing all European, African, and Asian jurisdictions. Brazil is also among the top five nationalities represented among arbitrators,…

Arbitration, Hearings, Moot Courts

(MacGrath Arbitration)/ /Leave a comment

Mock arbitrations are an excellent way for clients and counsel to refine their hearing presentation and prepare witnesses to testify so the key arguments, evidence and themes resonate with the tribunal. Having served as both mock arbitrator and counsel in mock arbitrations, I have seen first-hand the positive impact that mock arbitrations can have on…

Arbitration, Central Asia, Investment Arbitration, Kazakhstan, Kyrgyzstan, Turkmenistan, Uzbekistan

, (George Washington University Law School)/ /Leave a comment

In recent years, international investment law and the investor-state dispute settlement (‘ISDS’) system have arguably reached their melting point, with an increasing number of participants having diverging interests and perspectives. Many of these issues have come to the surface through the discussions ongoing at UNCITRAL Working Group III. In this context, the experiences of the…

Arbitration, Latin America, Mediation, Mediation and Dispute Management, Mediator, Technology, technology industry

(García Barragán Abogados)/ /Leave a comment
Asociación Latinoamericana de Arbitraje (ALARB)

On March 7, 2023, the virtual conference organized by the United Nations Commission on International Trade Law (UNCITRAL), as well as the Latin American Arbitration Association (ALARB) titled “Dispute Resolution in the Digital Economy” took place, within the context of UNCITRAL’s Working Group II works on dispute resolution and digital economy. During this conference, arbitration…

Arbitration, China, Litigation, Third party funding

(The University of Hong Kong)/ /Leave a comment

In recent decades, third-party funding in arbitration and litigation has grown exponentially in many jurisdictions and has become a matter of continuing debate in academia and practice. (See, for example, here and here for previous blog posts.) Currently, People’s Republic of China (“PRC” or “China”) legislation does not prohibit third-party funding, but it fails to…

Arbitration, Dispute Settlement, ESG

(University College Cork)/ /3 Comments

The term environmental, social and governance (ESG) was coined almost 20 years ago in a landmark report entitled ‘Who Cares Wins,’ which was the result of a joint initiative of financial institutions invited by the then United Nations Secretary-General Kofi Annan to develop guidelines and recommendations on how to better integrate ESG issues in asset…

Arbitration, Arbitration Proceedings, International Law, Interstate arbitral awards

/ /Leave a comment

On 7 March 2023, Paul Friedland (Partner, White & Case LLP) delivered the 2023 Proskauer Lecture on International Arbitration at the New York offices of Proskauer Rose LLP.  Founded in 2013, the Proskauer Lecture provides an annual public forum to expand the horizons of international arbitration through the contributions of leading thinkers and practitioners.  Peter…

Advocacy, Arbitration, Persuasion, Soft skills, Written Submissions

(Nater Dallafior Rechtsanwälte AG)/ /1 Comment

As arbitration lawyers, we often reflect on the power of the written word, but rarely do we consider the design’s role in emulating the tone of the word or sentence. With the same emphasis as we strive not to talk in a monotone at a hearing, we should strive to give our written submission the…

Arbitration, Insolvency, Spain

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

Since 2020 insolvency activity in Spain slowed down because of the moratorium declared by the Spanish government in the wake of Covid-19, under which the obligation to file for insolvency was suspended until 30 June 2022. Perhaps unsurprisingly, official statistics for the third quarter of 2022 showed a dramatic increase in the insolvency declarations within…

ADR, Arbitration, Climate change, Cross-border transactions, Energy Charter Treaty, Energy Dispute, Green Arbitration, ISDS, Surveys

(School of International Arbitration, Queen Mary University of London (QMUL)) and (Three Crowns LLP)/ /Leave a comment

The past year has seen a variety of exogenous impacts to global energy markets: from the sanctions flowing from Russia’s “special military operation” in Ukraine, to the supply chain aftershocks of the COVID Pandemic, to hiccups in the commercial and government policy implementations of the global Energy Transition. International arbitration too has seen its share…

Arbitration, Conference, International arbitration, Investment Arbitration

, , (Sandra Day O’Connor College of Law)/ /Leave a comment

On January 13, 2023 the Sandra Day O’Connor College of Law at Arizona State University hosted the 5th annual Schiefelbein Global Dispute Resolution Conference.  Like previous iterations of this conference, the innovative program featured top lawyers, internationally recognized mediators, academics, and leaders of arbitration institutions discussing timely issues in international dispute resolution. This year’s conference…

Arbitration, Arbitration institution, Arbitration Procedure, Arbitration Tech Toolbox, ICC Arbitration, Technology

, (Labgold Law)/ /Leave a comment

In October 2022, the ICC launched its new digital case management platform, ICC Case Connect. Although not mandatory, parties are encouraged to use this new system, which is touted as a platform that “facilitates communication and document-sharing and offers a secure, dedicated, online space in which all case documents and information are centralised and easily…