Arbitration

Additional Award, Arbitral Award, Arbitration, Functus Officio, New York, Partial award, United States

(Chaffetz Lindsey LLP)/ /1 Comment
International Centre for Dispute Resolution (ICDR)

In a recent decision, New York State’s highest court (the New York Court of Appeals) rejected an argument that a tribunal exceeded its authority, as to warrant vacatur, when it reconsidered and corrected an earlier decision rendered in a “partial final award.”  The Court concluded that arbitrators are not functus officio to reconsider an interim…

Arbitration, Brexit, European Union, UK

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Schoenherr

In early September 2020, the United Kingdom (‘UK’) Secretary of State for Northern Ireland, Brandon Lewis, conceded in no uncertain terms that the UK Internal Market Bill would violate public international law, albeit only in “a very specific and limited way“. This immediately caused controversy, to put it mildly. The EU Commission did not take…

Arbitration, Arbitration Proceedings, International arbitration, Investment Arbitration, investor-State arbitration and mediation, Mediation, Mediation and Dispute Management

(Office of the Ombudsman for United Nations Funds and Programmes )/ /Leave a comment

Of the six States that have ratified the United Nations Convention on International Settlement Agreements Resulting from Mediation (“Convention”) only Singapore seems to have made any requisite preparation for its implementation, by passing the Singapore Convention Mediation Act in February 2020. Yet, following the Convention’s entry into force on 12 September 2020, forthcoming developments in…

Arbitration, Arbitration Institutions and Rules, Expedited arbitration, Reform, UNCITRAL, UNCITRAL WG II Series, Working Group II

(Greenberg Traurig, LLP)/ /Leave a comment

Expedited arbitration is often associated with smaller value disputes. For example, the International Chamber of Commerce suggests expedited arbitration for disputes of $2 million or less, while the Hong Kong International Arbitration Centre has a $3 million threshold for expedited arbitration. Expedited arbitration makes procedural tradeoffs that are deemed warranted because there isn’t that much…

Arbitration, Arbitration Institutions and Rules, Early Determination, Early Dismissal, Expedited arbitration, Reform, UNCITRAL, UNCITRAL WG II Series, Working Group II

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Institute for Transnational Arbitration (ITA)

Introducing a regulation of early determination in the context of expedited proceedings, highlights a series conflicting interests. Therefore, the UNCITRAL Working Group II on dispute resolution has not yet taken a final position on whether such a regulation should be inserted in the context of expedited arbitration, or whether it should rather be considered as…

Arbitration, Arbitration Institutions and Rules, Efficiency, Expedited arbitration, Reform, UNCITRAL, UNCITRAL WG II Series, Working Group II

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UNCITRAL’s Working Group II (“WGII”) resumes next week its work on drafting expedited arbitration provisions (“EAPs”) for use with the UNCITRAL Arbitration Rules (“UARs”).  One of the key “aims” underlying development of these procedures is “to improve the efficiency and quality of arbitral proceedings.”  This post examines why efficiency matters, how the EAPs encourage efficiency,…

Arbitration, Arbitration Institutions and Rules, Due process, Expedited arbitration, Reform, UNCITRAL, UNCITRAL WG II Series, Working Group II

(New York International Arbitration Center)/ /Leave a comment

60 member states and several more non-governmental organizations (NGOs) will soon gather (in person in Vienna and virtually) to commence the 72nd Session of UNCITRAL Working Group II (WGII).  The topic and issues of Expedited Arbitration Procedures (EAPs) was primed at the 69th Session of the WGII in New York, including how best to improve…

Arbitration, Arbitration Institutions and Rules, Consent, Expedited arbitration, Reform, UNCITRAL, UNCITRAL WG II Series, Working Group II

(Stockholm University)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

The UNCITRAL Working Group II (“WG II”) will continue its work on drafting expedited arbitration provisions (EAPs) at its next session in Vienna on September 21 – 25, 2020. This post briefly considers some of the key points that will be addressed at the session relating to the form and scope of the EAPs. This…

Arbitration, Arbitration Institutions and Rules, Efficiency, Expedited arbitration, ICSID, Investment Disputes, ISDS, Reform, UNCITRAL, UNCITRAL WG II Series, Working Group II

(Stockholm University)/ /Leave a comment

Arbitrating investment disputes has its peculiarities stemming out of the nature of the dispute, as well as from the parties involved, which become relevant when assessing the feasibility of implementing expedited arbitration provisions. ICSID Arbitration Rules and UNCITRAL Arbitration Rules, the main arbitration rules currently used for investment arbitration proceedings, are in the process of…

Arbitration, Arbitration Institutions and Rules, Efficiency, Expedited arbitration, Reform, UNCITRAL, UNCITRAL Arbitration Rules, UNCITRAL WG II Series, Working Group II

(Mihaela Maravela Law Office)/ /Leave a comment

Next week, the seventy-second session of the United Nations Commission on International Trade Law’s (“UNCITRAL”) Working Group II (“WG II”), considering the issue of expedited arbitration, will be held in a hybrid system, with participants being able to take part in the session either in person, in Vienna, or remotely, via an online platform. The…

Arbitration, Data Protection, Disclosure, Egypt

(School of Law, Christ University)/ /Leave a comment

Egypt recently set out a legal framework for the protection and regulation of personal data. The legislation was brought about to regulate the protection of personal data which is stored and processed electronically. However, the law is silent on its application to arbitration and arbitral proceedings. The intersection between arbitration and data protection is not…

Arbitration, English Arbitration Act, ICC Arbitration, Interpretation

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In June 2020, the English High Court of Justice (Mr Butcher J) issued a judgment in Obrascon Huarte Lain SA & Anor v Qatar Foundation for Education, Science and Community Development dealing with an application under ss. 67 and 68(2)(b) of the English Arbitration Act 1996 (the “Arbitration Act”) for the setting aside an Addendum…

Africa, Arbitration, Impartiality, Independence, International arbitration, Kenya, Laos, Seat of the arbitration

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The biennial 2020 Arbitration in Africa Survey Report (2020 Survey), which is the second in the series, is focused on top African arbitral centres and seats. It identifies the top and busiest arbitral centres in Africa. The survey was commissioned by the School of Oriental and African Studies (SOAS) and sponsored by the law firm…

Arbitration, Arbitration Institutions and Rules, International arbitration, South Africa

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International arbitration is on the rise in South Africa.  This is partly a result of the country’s new arbitration law, which was passed in 2017, but now the process has been given a further boost by the publication by the Arbitration Foundation of Southern Africa (AFSA) of its draft International Arbitration Rules (the Draft Rules),…

Arbitration, Data Protection, DIAC, DIFC, UAE

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The data protection regime in the UAE is complicated. Parties to arbitrations that have connections to the UAE, regardless of whether the arbitrations are seated here, should be aware of the data protection regime(s) that may apply to them to ensure that no unintended breaches occur and to consider whether the relevant data protection regulations…

Arbitration, Arbitration institution, Arbitration Institutions and Rules, England, LCAM

(Osborne Clarke)/ /Leave a comment

On 26 May 2020, the London Chamber of Commerce and Industry (LCCI), a networking and business support organisation that caters to the London business community, launched the London Chamber of Arbitration and Mediation (LCAM). The LCAM is a new organisation offering arbitration, expedited arbitration and mediation services. This post will explore selected features of the…

Arbitration, ECT Modernisation, Energy Charter Treaty, EU Law, European Union, Investment Arbitration, Reform

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The Energy Charter Treaty (ECT) has recently become a household name, moving from the oblivion of the 1990s, when the treaty was drafted, to one of the most hotly debated topics in legal (and other) circles nowadays. Some have demonized it as an instrument for the corporate usurpation of democratic functions, such as the host…

Arbitration, ECT Modernisation, International arbitration, Investment Arbitration, Reform

(Concepción Global, PLLC, Universidad Complutense de Madrid) and / /1 Comment

In the absence of a uniform standard of compensation under the Energy Charter Treaty (“ECT”), tribunals have been tasked with filling the gap and have done so by exercising an important margin of appreciation for the assessment of damages. Such wide discretion has resulted in divergent approaches in assessing damages. Since the first ECT decision,…

Arbitration, ECT Modernisation, Energy Charter Treaty, Investment Arbitration

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Modernisation of any multilateral treaty is a category of tasks on its own. There are several prerequisites which shall be in place, apart from obsolete language and provisions. The most crucial element is a steady political will of a critical mass of countries based on the strong motivation, which will break inertia and create new…

Arbitration, Arbitration Institutions and Rules, ECT Modernisation, International arbitration, Investment Arbitration, ISDS, ISDS Reform, Reform

(Australian National University) and / /Leave a comment

The Energy Charter Treaty (‘ECT’) opened for signature in 1994, entered into force in 1998, and now boasts some 50 member States. The ECT has since given rise to some 130 investor-State arbitrations, making it “the most frequently invoked international investment agreement”. This high use, coupled with a perception that the ECT is frequently invoked…

Arbitral Award, Arbitral seat, Arbitral Tribunal, Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings

(Kabine Law Office) and (Equanimity Arbitration)/ /Leave a comment

The COVID-19 pandemic catapulted discussions on online dispute resolution methods like no other phenomenon. With this, determining the proper seat for online arbitration has become the center of conversation. As the world adapted to the challenges presented by the pandemic, so too did international arbitration. Suddenly, there was a wave of virtual hearings, webinars and…

Arbitration, Contingency Funding, Hong Kong, Singapore, Third party funding

(Shearman & Sterling LLP) and (Shearman & Sterling)/ /Leave a comment

While Hong Kong and Singapore legislated in 2017 to allow third party funding of arbitrations (“TPF”),1)In Hong Kong, the amendments to the Arbitration Ordinance (Cap. 609) ultimately took effect in February 2019. both jurisdictions presently still bar “No-Win, No-Fee” and other outcome related fee arrangements between parties to arbitration and their lawyers. This is out-of-step…

Arbitration, Courts, Enforcement, interim relief, Philippines, Singapore, Virtual hearings

(Freshfields Bruckhaus Deringer)/ /Leave a comment
YSIAC

A special COVID-19-themed SIAC Philippines webinar took place on 18 June 2020. The webinar examined the availability of interim relief to parties to commercial disputes, both in international arbitration and through courts in the Philippines and Singapore, with the panel members sharing their observations on trends and changes since the outbreak of the COVID-19 pandemic….

Africa, Arbitration, COVID-19, Diversity, International arbitration, Social networks, Webinar, Willem C. Vis Moot, Workshop

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“When written in Chinese, the word ‘crisis’ is composed of two characters. One represents danger and the other represents opportunity.” (John F. Kennedy, Former US President). The current Covid-19 pandemic has wreaked havoc globally impacting people in grievous ways. The resultant containment measures by governments have severely limited or otherwise rendered physical interactions impossible. As…