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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
2022 was undoubtedly the most challenging year in the history of independent Ukraine. The international implications of Russia’s war against Ukraine, including economic sanctions and global energy and food crises, have been felt even in the most remote corners of the globe. Unsurprisingly, the war also stalled the majority of investment arbitrations involving Ukraine, affecting…
The dispute resolution landscape in Japan is almost unrecognisable from the position 20 years ago. In that time, Japan has evolved into a significant market for cross-border contentious legal matters. Sophisticated Japanese corporations with significant overseas business are comfortable using international arbitration and mediation as methods of dispute resolution. 86% of the case load of…
As most arbitration laws, the Brazilian Arbitration Act (Law n. 9307/1996; “BAL”) establishes a short deadline for any interested party to seek annulment of an arbitral award in court. The interested party has a 90-day period as from (i) notice of the partial or final arbitral award or (ii) the decision on a motion for clarification…
The history of arbitration in the Principality of Andorra began with two arbitration procedures in the years 1278 and 1288 which led to the signing, between the Bishop of Urgell and the Earl of Foix, of the Paréages which created the Principality. Despite this historical background and the fact that arbitration has been conducted in…
On 5 May 2022, Young ITF hosted its launch event, covering a debate on the motion that “[t]his House believes that greater use of Amicus briefs will address the legitimacy crisis that [Investor-State-Dispute-Settlement (“ISDS”)] is facing”. The selection of this topic seemed reasonable as the legitimacy crisis of ISDS particularly affects the upcoming generation of…
