The question of what constitutes an “arbitration” is unlikely to be one that arbitral practitioners have cause to ponder on a daily basis. In fact, such a question might appear at first to be purely theoretical or academic. A recent case (ASADA v 34 Players) from the Victorian Supreme Court in Australia, however, shows the…
I am grateful for the opportunity to introduce to the readers of this blog my new edited book: Litigating International Investment Disputes – A Practitioner’s Guide. International investment arbitration is increasingly complex and specialized, and this book seeks to guide new and experienced practitioners through the workings and details of international investment arbitration proceedings –…
In 2013, an extensive survey of experienced commercial arbitrators in the U.S. was conducted by the Straus Institute for Dispute Resolution with the cooperation of the College of Commercial Arbitrators (CCA), an organization of more than two hundred of the most experienced arbitrators in the U.S. The Survey provides considerable new data on arbitrators’ experiences,…
By virtue of a recent Decree (see Decree No. (47) of 2014 Reshuffling the Board of Trustees of the Dubai International Arbitration Center, issued in Dubai on 7 December 2014), HH Sheikh Mohammed Bin Rashid Al Maktoum, the Ruler of Dubai, has appointed Dr. Habib Al Mulla, founder of former Habib Al Mulla & Co,…
and David Mamane and Hannah Boehm, Schellenberg Wittmer With its interim judgment of 15 January 2015, the Higher Regional Court of Munich added a new chapter to the longstanding legal dispute between the German speed skater Claudia Pechstein and the International Skating Union (“ISU”) (see the previous report on this story). The full decision has…
and Alex Wiker, Dickinson School of Law On January 14, the Pilot Project for Arbitrator Intelligence—whose launch was first announced here on the Kluwer Blog—came to an official close. We could not be more pleased with the Pilot results, which we will share with readers below. But first, a bit of background about the methodology…
The split between CIETAC headquarters in Beijing and its two former Shanghai and Shenzhen sub-commissions following the adoption of CIETAC’s 2012 Arbitration Rules has remained in the spotlight. The feud escalated with the assertion of independence by the two sub-commissions and the revocation by headquarters of their authorisation to administer cases. To add to the…
At the opening of the legal year in Singapore on 5 January 2015, the Singapore International Commercial Court (“SICC“) was officially launched. In the words of Chief Justice Menon, the SICC is intended to “build upon and complement the success of [Singapore’s] vibrant arbitration sector and make [Singapore’s] judicial institutions and legal profession available to…
India lost its first Investment Treaty Arbitration (ITA) claim in 2012 against White Industries, an Australian company. Taking a cue from the White Industries case, (read more on it here) around 17 fresh ITAs have been filed against India in last two years. Beleaguered with these claims, a new model BIT is being considered by…
Perhaps on a daily basis, in at least one city somewhere in the Western Hemisphere, an international-arbitration practitioner is asked to describe the benefits of arbitration over litigation in Latin America. The common refrain: “Predictability.” As conventional wisdom goes, this almost automatic response is borne out of the notion that litigating in many Latin American…
As counsel, I know the excitement and curiosity when, receiving the other party’s filing, I turn to the Witness Statement volume first: which witnesses have they put forward? How did they explain certain key meetings or documents? Are they bringing Mr. A to testify? Later, of course, I read the statements repeatedly and scribble marginal…
and Paula Gibbs, Chapman Tripp Introduction The spotlight continues to shine on third party funding in international arbitration, following the recent Alemanni decision and unsuccessful disqualification proposal filed against Dr Gavan Griffith QC in the RSM v St Lucia ICSID arbitration (reported on in this blog by Carlos Gonzalez-Bueno and Laura Lozano). A similar spotlight…
The rise of China as a major economic and political actor is one of the defining features of the twentieth-first century. Much of China’s growing power comes from its ever-expanding economy. In order to expand its blossoming economy, China needs to tap into new markets. In an age of intense market integration and economic competition,…
In an Award on Jurisdiction rendered earlier this year under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the “ICSID Convention”) in ICSID Case No. ARB/11/7 – National Gas S.A.E. v. Arab Republic of Egypt (a copy of which is electronically available on the official Investment Treaty Arbitration…
Why is the evolution of international commercial arbitration important for Romania? First of all, Romania has a significant geostrategic position: it lies at the crossroads of three large international markets: the European Union, the Balkans and the Commonwealth of Independent States. Romania is the access gate of the East to the single market of the…
Numerous commentators have reported on the sanctions war in the past. What remains to see is how the sanctions war affects the Russia-related arbitration geography. On 8 September 2014, the European Union introduced a new set of sanctions on major Russian companies and wealthy individuals. The sanctions came following Russia’s annexation of Crimea and its…
In a recent lecture at the DIFC Courts (see Lecture Series No. 5, Practice Direction providing for the wider enforcement of Court Judgments through DIFC-LCIA Arbitration Centre, 19 November 2014), Chief Justice Michael Hwang announced that the DIFC Court Practice Direction No. X of 2014 amending Practice Direction No. 2 of 2012 DIFC Courts’ Jurisdiction…
In a recent ruling of the DIFC Court of Appeal (see Case CA-005-2-14, ruling of the DIFC Court of Appeal of 3rd November 2014), Justice Sir David Steel affirmed the previous ruling of the DIFC Court of First Instance in Banyan Tree v. Meydan Group LLC (see Case No. ARB 003/2013 – Banyan Tree Corporate…
1. Background Modern arbitration in Mexico commenced with the reforms to the Mexican Commercial Code in 1989 and with the incorporation in such code of the UNCITRAL Model Law on International Commercial Arbitration in 1993. Project agreements with state entities such as Petróleos Mexicanos (PEMEX) and the Federal Electricity Commission (CFE) may be submitted to…
The Hong Kong International Arbitration Centre (“HKIAC”) has recently revised its Model Arbitration Clause to include a choice of law provision. “Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or…
In a recent decision, the United States Court of Appeals for the Second Circuit considered Pemex’s allegations insufficient to sustain RICO jurisdiction in the Conproca vs. Pemex case. This prompts out a number of interrogations: Was the bar set too high for Pemex to sustain RICO Jurisdiction? Was the underlying reason of the Court’s decision…
During the last few years, a series of court decisions in India have strengthened the pro-arbitration stance in the Indian judiciary. In BALCO (2012), the Supreme Court of India limited the supervisory jurisdiction of the Indian courts regarding arbitrations seated outside India. Since BALCO, further decisions of the Supreme Court and High Courts of India…
In April 2014, Tiulei Hagalil and Klal Teufa, two Israeli companies providing tourism and flight services, commenced an action against Royal Jordanian Airlines and two other respondents in the Israeli District Court for monetary and declaratory relief (Tiulei Hagalil Transport (1987) Ltd. and others v. Royal Jordanian Airlines and others, Tel-Aviv-Jaffa District Court, 56420-03-14, 15…
The pronouncements of the highest-ranking court are key indicators of a legal system’s stance vis-à-vis arbitration and other private means of dispute resolution. Over the past decade, the Supreme Court of Canada has dealt with arbitration in a number of cases, and it initially did so in a manner that revealed a very supportive attitude….
