Arbitration

Arbitration, Jurisdiction of the arbitral tribunal, Multiple parties, Piercing the Corporate Veil, Supreme Court, Third Party

(Gide Loyrette Nouel)/ /Leave a comment

and Benjamin Ainsley Gill When seeking to extend an arbitration clause to a third party who is not a signatory to the clause, common law practitioners will often have resort to an argument that the corporate veil should be pierced – in other words, that the court or tribunal should disregard the separate legal identity…

Arbitration

(Stockholm University)/ /Leave a comment

The applications for the Brandon Research Fellowship funded by Mr Michael Brandon (1923 – 2012) are open until 23 September 2013. The Fellowship supports research on topics of public or private international law or international arbitration, at the Lauterpacht Centre for International Law at the University of Cambridge. The Brandon Fellow will be awarded £3,000…

Arbitral Tribunal, Arbitration, Arbitration Proceedings, Costs in arbitral proceedings, ICSID Convention, Investment Arbitration

(International Moot Court Competition Association (IMCCA))/ /Leave a comment

and Oleg Temnikov Foreword The tribunal in Mesa Power Group, LLC v. Canada (PCA Case No. 2012-17, Procedural Order No. 2, 18 January 2013) recently stated with regard to bifurcation of proceedings that: “[I]t is good… to let the parties ‘know where they stand’… at an early stage and not to impose the burden of…

Arbitration

(University of Cambridge, Faculty of Law)/ /Leave a comment

A prize has been established by the Society of International Economic Law and Cambridge University Press for the best essay submitted on any topic in any field of international economic law. The competition is open to all current undergraduate and graduate students of any university or other tertiary education institution, and those who have graduated…

Arbitral Tribunal, Arbitration, Arbitration Proceedings, Arbitrators

(Budin & Associés Avocats)/ /1 Comment

Introduction Unable to make this year’s ASA Conference I accepted the invitation to submit a brief paper which I entitled: “Six Modest Proposals Before You Get to the Award”. A principal theme was Tribunal logistics and attention. I was happy to receive some positive feedback and have given this theme more thought. Arguably I have…

Arbitration, Arbitration Act, Enforcement, India, Public Policy

(National Law University, Jodhpur)/ /Leave a comment

The Supreme Court of India handed down a judgment earlier this month that restates Indian position on the enforcement of foreign arbitral awards in line with the international standards. In the case of Shri Lal Mahal Ltd. v. Progetto Grano Spa, a three judge bench of the apex court held that review of a foreign…

Arbitration, Investment Arbitration, Treaty, Uncategorized, Vienna Convention on the Law of Treaties

(University of Michigan Law School)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

Because international investment law so often involves the application of treaties, the Vienna Convention on the Law of Treaties plays a key role in structuring its application. Of particular interest for many disputes are the rules of treaty interpretation contained in Articles 31, 32, and 33 of the VCLT. In that context, there are some…

Arbitration, Book Review, Dispute Resolution, International arbitration, Mediation

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /1 Comment
WilmerHale

For arbitration geeks, the beach is a challenge – How can you indulge your passion for international arbitration, without (further) outing yourself as a work-alcoholic without a life? I probably can’t help you much, in that category, but one possibility, with two sub-parts, comes to mind. Arbitration history lets you stay focussed on your one…

Arbitration, Arbitration Act, CAFTA, El Salvador

(Sáenz & Asociados)/ /Leave a comment

and Humberto Sáenz-Marinero, Sáenz & Asociados A few weeks ago, we read a post on Kluwer Arbitration Blog about El Salvador by Ricardo Cevallos. The title was “El Salvador becomes an anti-arbitration jurisdiction?” According to the post, El Salvador is becoming an anti-arbitration jurisdiction. We respectfully disagree with the author’s conclusion. It is true that,…

Arbitration, IBA Guidelines on Party Representation

(National University of Singapore, Faculty of Law)/ /1 Comment

There are many uncertainties in relation to the proper behavior of counsel in arbitration, in particular, in terms of avoiding conflicts of interest, identifying minimum ethical standards, and the overriding question of tribunal control. These uncertainties arise for two main reasons. The first is the lack of consensus as to whether arbitrators have powers of…

Arbitration, Arbitrators, arbitrators’ conduct

(Schellenberg Wittmer)/ /1 Comment
Schellenberg Wittmer

by James Menz and Anya George, Schellenberg Wittmer The (proper) use of administrative secretaries is a recurring topic in the arbitration community. The debate has flared up again in recent months, following the issuance, in August 2012, of the ICC Secretariat’s new Note on the Appointment, Duties, and Remuneration of Administrative Secretaries and, a few…

Arbitration, Arbitration Act, Arbitration Proceedings, Belgium

(Matray, Matray & Hallet)/ /1 Comment

On 16 May 2013, Belgium’s House of Representatives adopted the bill no. 53-2743 that is meant to replace the Sixth Part of the Belgian Code of Civil Procedure (Code judiciaire/Gerechtelijk Wetboek) and thoroughly modernize the Belgian arbitration law. The travaux préparatoires leading to this new law may be consulted here (in French and Dutch). The…

Annulment, Applicable Law, Arbitral seat, Arbitration, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Enforcement, Latin America, Seat of the arbitration, Set aside an arbitral award, Set aside an international arbitral award, South America

(Universidad Monteávila (Caracas))/ /Leave a comment

One of the most important elements to consider when participating in arbitration proceedings is the available mechanisms to challenge the award of the arbitral tribunal. This element acquires an added significance when it comes to international arbitration where the award may be enforced in several jurisdictions. With that in mind, it is pertinent to refer…

Arbitration, Arbitration Act, Brazil

(Guandalini Sampaio Advogados)/ /Leave a comment

Investing Across Borders, a World Bank Group’s initiative, compares the regulation for foreign direct investment around the world. Among different indicators, it publishes considerations concerning arbitration of commercial disputes from different jurisdictions. However, the prospective investor must read with caution this Summary, at least regarding arbitration in Brazil. Here is the Summary regarding arbitration in…

Arbitration, Class arbitration, United States

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

and Lucas Bento, Quinn Emanuel Urquhart & Sullivan, LLP, New York The United States Supreme Court’s recent decision in Oxford Health Plans LLC v. Sutter, 569 U.S. __ (2013) (the “Decision”), is the latest installment on whether class arbitration has met its end in the United States. For now, class arbitration survives, subject to the…

Arbitration, Israel, Palestine

(Dentons)/ /Leave a comment

Resolution A/67/L.28 on the Status of Palestine at the United Nations was passed with an overwhelming majority at the General Assembly on November 29, 2012, thus upgrading the Palestinian Authority’s status from a United Nations permanent observer entity to a non-member observer State. Although the Resolution does not necessarily mean that all States, such as…

Arbitration

(Kluwer Law International)/ /Leave a comment

Kluwer Arbitration and Kluwer Law International are delighted to announce that the inaugural Kluwer Arbitration User Forum will be held in London (at the International Dispute Resolution Centre (IDRC), 70 Fleet Street, London, EC4Y 1EU) on Tuesday 10th September. This (free) half-day event, will be open to all London-based users of Kluwer Arbitration. With summer…

Arbitral Tribunal, Arbitration, Arbitration Agreements, Arbitration Proceedings, Brazil, kompetenz-kompetenz

(Mattos Muriel Kestener Lawyers)/ /Leave a comment

The facts On January 9, 2008, in the middle of the Amazon Rainforest, the dam of a hydroelectric power plant ruptured liberating 3.1 billion liters of water and precipitating an environmental mishap. Brazilian authorities hastily cornered the electricity generation company. The electricity generation company hastily pointed the finger at the builder of the hydroelectric power…

Arbitration, Conciliation, Confidentiality, Dispute Resolution, Investment Arbitration, Uncategorized

(University of Portsmouth)/ /5 Comments
Institute for Transnational Arbitration (ITA)

Over the last two decades the world has witnessed a spectacular growth of investor-state dispute resolution by arbitration (i.e. from a few dozen in 1992 shooting up to 514 cases by the end of 2012). But that trend could stall in the foreseeable future with the realization of the users that international arbitration (investor-state arbitration,…

Arbitration, Domestic Courts, Enforcement, EU Regulation 44/ 2001, European Law, European Union

(Linklaters)/ /Leave a comment
Linklaters

By Alessandro Villani and Manuela Caccialanza One of the more debated issues in the process of the implementation and review of Regulation No. 44/2001 (“Brussels Regulation”) was the general exclusion of arbitration from the matters covered by the Brussels Regulation. The debate about the opportunity to mitigate such exclusion arises from the subsequent difficulty in…

Arbitration, Arbitration Act, Saudi Arabia, Shari‘a, UNCITRAL Model Law

(Dentons)/ /2 Comments

and Amgad T Husein, Dentons (Managing Partner, Saudi Arabia) 1. Overview Since the enactment of Saudi Arabia’s new Arbitration Law in July 2012, more foreign investors have opted for arbitration in Saudi Arabia rather than in foreign forums. By simplifying dispute resolution and streamlining the enforcement of arbitral awards, the Arbitration Law has sought to…

Appointment of arbitrators, Arbitration, Arbitration Institutions and Rules, Arbitrator Challenges, Arbitrators, Availability of arbitrators, Confidentiality, Expert evidence, Interim Orders, International arbitration, Joinder

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment
WilmerHale

The Danish Institute of Arbitration (“DIA”) revised its rules effective May 1, 2013, an overhaul from the prior 2008 iteration of its rules that brings the DIA rules into line with those of leading arbitral institutions. As part of these revisions, the DIA has both reorganized the structure of its rules and updated various key…

Arbitration, Brazil, Energy

(Pinheiro Neto Advogados)/ /1 Comment

and José Roberto Oliva Junior and Ricardo Dalmaso Marques, Pinheiro Neto Advogados One of the segments of the infrastructure sectors in Brazil that have lately triggered the greatest amount of disputes are the power generation, distribution and trading sectors. In effect, there’s little disagreement in Brazil nowadays that, just as with other sectors that could…