Arbitration

Arbitration, BIT, Climate change, Environment, International arbitration, Investment Arbitration, Reform, Regime Interaction, Regime Interaction in Investment Arbitration

(Climate Change Counsel)/ /Leave a comment

Nearly 30 years have passed since world leaders signed the UN Framework Convention on Climate Change (“UNFCCC”), agreeing to combat “dangerous human interference with the climate system.” For many of those years, nobody seemed to take that commitment very seriously. But things look different now: climate law has hit its stride. At COP26 in November…

Arbitration, Artificial Intelligence, Discovery, Think Arbi

(King's College London)/ /Leave a comment
HK45

Les notions, essentiellement philosophiques, de volonté et de liberté sont au cœur de la matière.  – Emmanuel Gaillard   Arbitration is a form of private dispute resolution. Parties arbitrate disputes through a private system created of their own will and liberty, contractually exiting the public, state-controlled system of dispute resolution. Whilst there are many different…

Arbitral Tribunal, Arbitration, Arbitrators

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Wolters Kluwer Legal & Regulatory U.S. announced enhancements to Arbitrator Tool and a new Relationship Assessment Tool within Kluwer Arbitration Practice Plus (KAPP). Integrating artificial intelligence and machine learning with Wolters Kluwer’s arbitration expertise, the new features will provide arbitration professionals with valuable insights to assess arbitrators, properly advise their clients, and increase their rate…

Arbitration, Arbitration Agreements, Arbitration Proceedings, Language of arbitration

(McNair International )/ /Leave a comment
Peter & Kim

The claim that arbitrators do not speak Esperanto may seem so obvious that it should not be stated at all. The artificial language was conceived in the late nineteenth century by Ludwik Lejzer Samenhof as a simple, neutral language that was not tied to any one culture. People of different national and ethnic groups would…

Arbitration, Arbitrator Selection, Arbitrators, Career

(Aavagard LLP)/ /2 Comments

I recently co-chaired with Gustav Flecke-Giammarco a Delos roundtable on this topic, at the kind invitation of its President and Co-Founder, Hafez Virjee. The topic links to a broader theme: how to be an international arbitration practitioner and manage some balance while at it? It can be tricky, and I am conscious that especially during…

Arbitration, In Memoriam, Qatar

(Qatar International Centre for Conciliation and Arbitration)/ /6 Comments

Dr Minas Khatchadourian left this world for the heavenly abode in July 2021. This news was a great shock to the Middle Eastern legal community. In particular, his loss will be significantly felt in Egypt – his home country – and Qatar – where Dr Khatchadourian spent the last ten years as the General Legal…

Arbitration, Arbitration Industry, Technology

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Wolters Kluwer Legal & Regulatory U.S. recently announced the inclusion of additional topics to the Practical Insights module in Kluwer Arbitration Practice Plus (KAPP). The 23 topics expand Kluwer Arbitration’s capabilities to guide practitioners through the most important steps of the arbitral process. Launched in December 2019, KAPP is a practical extension to Kluwer Arbitration,…

Arbitration, Interim measures, Reform, Ukraine

(Selepey, Volkovetsky & Partners)/ /Leave a comment

In recent years, arbitration has been gaining traction in Ukraine as a fast and efficient method for dispute resolution. It was against this background that in December 2017 a long-awaited reform of procedural legislation was carried out (hereafter referred to as the ‘Reform’). The Reform introduced several pro-arbitration measures. Among these, the Reform sought to…

Arbitration, Artificial Intelligence, Deepfakes

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Arbitrator Intelligence

The legal industry has benefited tremendously from recent technological advancements, leading to the expansion of Legal Tech as the driving force for progress in this field. More and more tools – more or less Artificial Intelligence (“AI”)1)Generally, the term “Artificial Intelligence (AI)” refers to machines capable of replicating human intelligence. However, the technological status quo…

Achmea, Admissibility, Arbitration, Arbitration Proceedings, CJEU, Domestic Courts, Energy Charter Treaty, German law, Germany, ICSID, International arbitration, Investment Arbitration, Netherlands, UNCITRAL

, (Nishimura & Asahi)/ /1 Comment

The Achmea saga has taken yet another twist. In a recent communication to the Dutch Parliament, the Dutch Ministry of Economic Affairs and Climate disclosed that it initiated “anti-arbitration” proceedings before the German courts on 11 May 2021 to “avert” two ECT-based ICSID arbitrations brought against it by the German energy companies RWE and Uniper (“Communication”)….

Arbitration

(Willkie Farr & Gallagher LLP), (Baker Hughes), and (Costigan King)/ /Leave a comment

Arbitration Idol is back for season 2! Following the tremendous success of our debut season in 2020, the summer of 2021 is once again dedicated to Arbitration Idol and to helping those in need. What is Arbitration Idol? It was a few weeks into the pandemic when, in June 2020, Svenja Wachtel (Digital Coffee Break…

Arbitration, Hearing protocol, Hearings, Remote hearings

(Wilmer Cutler Pickering Hale and Dorr LLP), (Fountain Court Chambers), and (Delos Dispute Resolution, Virjee Arbitration)/ /Leave a comment

In June 2020, we ran a survey of users’ experiences with remote hearings.  Our preliminary findings, which we published in International Arbitration and the COVID-19 Revolution (edited by Maxi Scherer, Niuscha Bassiri, Mohamed S. Abdel Wahab) showed that over ten times more fully remote hearings appeared to have taken place on an annualised basis in…

Arbitration, Broker, Execution, ICC, Turkey

( Işık & Partners Law Firm)/ /Leave a comment

The 16th ICC Turkey Arbitration Day was held virtually on 17-18 March 2021 in four sessions (click here for the event booklet). The first session was reserved for discussion of the judiciary’s approach to arbitration in Turkey. In the second session, Alexander G. Fessas, the Secretary General of the ICC International Court of Arbitration, shared the…

Arbitration, Arbitration Proceedings, COVID-19, Intellectual Property, International arbitration, Investment, Investment Arbitration, Investment law, Patents

(Lévy Kaufmann-Kohler)/ /Leave a comment

Since the COVID-19 outbreak, pharmaceutical companies have engaged in a highly competitive and risky vaccine race. In less than 10 months from the declaration of the global pandemic, the vaccine developed by Pfizer-BioNTech received its first regulatory approval, followed by the success stories of other companies. The swiftness of these results was praised as “unprecedented”…

Arbitration, Corporate, Corporate Counsel's view, LIDW2021

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

In line with LIDW’s promise to deliver exceptional events focusing on international dispute resolution (and London) and give a voice to inhouse lawyers, its eleventh session – on 12 May 2021 – concentrated on corporate counsel’s priorities when navigating global disputes. Kai-Uwe Karl and Loukas Mistelis elegantly moderated the discussion. The speakers – Stephan Balthasar,…

Arbitration, LIDW2021, London, Mediation, Technology

(Stockholm University)/ /Leave a comment

London International Disputes Week (LIDW) 2021 commences today and promises to deliver – in an online format, this time – a week full of exceptional events focused on dispute resolution (and London). As such, and as in 2019, LIDW focuses on more than just arbitration. The second session of the first day of LIDW 2021,…

ACICA, Arbitration, Australia, Med-Arb, Mediation

(University of Sydney & Williams Trade Law)/ /1 Comment

New arbitration rules for the Australian Centre for International Commercial Arbitration (ACICA) came into force on 1 April 2021. The 2021 ACICA Rules update the 2016 Rules outlined here to bring them in line with other major institutional rules. Changes include express provisions regarding “e-arbitrations” (e.g. Rule 14) and to consolidate proceedings even in “chain…

Arbitration, Belgium, Commercial Court of Paris, Commercial Courts, commercial litigation, France, Netherlands, Netherlands Commercial Court

(Freshfields Bruckhaus Deringer LLP) and (Linklaters LLP)/ /2 Comments

Over the last few years, the arbitration community’s attention was drawn to the establishment of English-speaking international commercial courts in various jurisdictions around Europe, Asia and the Middle East. Some said these courts would become a competitor of arbitration, providing an alternative forum to the international business community. Others were sceptical that the mere promise…

Arbitration, COVID-19

(Greenwood Arbitration), (Sopra Legal), and (Covington & Burling LLP)/ /Leave a comment

The Campaign for Greener Arbitrations was founded by Lucy Greenwood in 2019 with the goal of reducing the carbon footprint of international arbitrations.  Led by a Steering Committee comprised of various stakeholders from the arbitration community, the Campaign produced a set of Guiding Principles outlining suggested actions to this end. While the Guiding Principles define broader…

Arbitration, Arbitrators

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On the unexpected passing of Emmanuel Gaillard at age 69, Kluwer Arbitration Blog reached to practitioners around the world, asking them to share how Emmanuel Gaillard influenced them or the practice of international arbitration.   It would have been impossible to canvass everyone who has been touched in some way by Emmanuel Gaillard.  Hopefully, the comments…

Arbitration, Chile, Colombia, ICSID, Investment, Investor, Mexico, Peru, State

(Payet, Rey, Cauvi, Pérez Abogados) and (Ministry of Economy of Mexico)/ /Leave a comment

On November 26, 2020, the #YoungITATalks session took place with the participation of representatives from government offices of different countries: Mairée Uran Bidegain (Chile), María Paula Arenas Quijano (Colombia), Cindy Rayo Zapata (Mexico) and Ricardo Ampuero Llerena (Peru). All panelists are or, at some point, were responsible for organizing and preparing the defense of States…

Arbitration, Class arbitration, COVID-19, Cybersecurity, Environment, Human Rights, Mediation, Space Arbitration, Virtual hearings

(Schiefelbein Global Dispute Resolution) and , , (Arizona State University, Sandra Day O'Connor College of Law)/ /Leave a comment

The Third Annual Schiefelbein Global Dispute Resolution Conference took place on Friday, January 15, 2021. The conference was hosted by the Lodestar Dispute Resolution Center at the Sandra Day O’Connor College of Law and generously supported by Les and Linda Schiefelbein. This post distills selected topics and highlights from the conference – including comments from…

Agreement in writing, Arbitration, Dubai, United Arab Emirates

(Al Owais Advocates & Legal Consultants)/ /Leave a comment

The authority required to agree to arbitration on behalf of a juristic person has been a heavily debated issue in the United Arab Emirates (“UAE”). This blog post examines relevant legislation and case law with respect to limited liability companies and public joint stock companies in an attempt to reach a conclusion on what type…