Commercial Arbitration

Canada, Commercial Arbitration, Employment arbitration, Uber v. Heller, UNCITRAL Model Law

(Vancouver Arbitration Chambers & Arbitration Place) and , (Queen's University Faculty of Law)/ /Leave a comment

From practically the moment the Supreme Court of Canada’s (SCC) decision in Uber Technologies v Heller was released, commercial arbitration practitioners and scholars—including on this blog—have criticized it for weakening the cherished competence-competence principle. We submit that those who defend Uber’s problematic arbitration clause in the name of protecting competence-competence love arbitration not wisely, but…

China, Commercial Arbitration, Discovery, Document Production

(Herbert Smith Freehills LLP) and (Kewei Law Firm)/ /Leave a comment
Herbert Smith Freehills

Document production in China – getting to maybe Document production (also known as “discovery”) is still a very foreign concept in China’s civil law court system. The traditional notion of “who claims, proves” (“谁主张，谁举证“) in China’s Civil Procedural Law has ingrained in people’s mind that one has to prove its case by its own evidence….

Arbitration, Commercial Arbitration, Jurisdiction, Merits, Venezuela

, (Herbert Smith Freehills)/ /Leave a comment
Herbert Smith Freehills

Recently, the Constitutional Chamber of the Venezuelan Supreme Court of Justice (the “Court”) issued an interlocutory judgment ordering the Business Center for Conciliation and Arbitration (CEDCA) to stay an arbitration and to forward the arbitration file in order to decide on a request for “avocamiento” filed by one of the parties before the Court. This…

Commercial Arbitration, French Law, lex contractus, UNIDROIT Principles

(Laborde Law) and (Talma Dispute Resolution)/ /Leave a comment

The Paris Court of Appeal recently upheld an ICC award where the arbitral tribunal exclusively applied the UNIDROIT Principles of International Commercial Contracts (‘the Principles’) as lex contractus failing any agreement on the applicable law between the parties. This recent development deserves further analysis as it confirms French courts’ favourable attitude towards the application of…

2019 In Review, Amparo, Arbitration Act, arbitrators’ conduct, Brazil, Bribery, Colombia, Commercial Arbitration, Constitutional Court, Costa Rica, Ecuador, Guaidó, Kluwer Arbitration Blog, Latin America, Mexico, OAS Guide, Odebrecht investigation, Paraguay, Peru, Venezuela

(Herbert Smith Freehills)/ /Leave a comment

2019 was a lively year for international arbitration in Latin America – especially in the international commercial arbitration arena, which is the focus of this post. Contributors to Kluwer Arbitration Blog reported mostly on favorable developments on arbitration-related legislation, case law and other initiatives. The year, however, ended with a regrettable situation in Peru, where…

Climate change, Commercial Arbitration, DIS, Germany, Permanent Court of Arbitration

(Hogan Lovells)/ /Leave a comment

As the world marched in support of global action on climate change, the German DIS40/below 40 arbitrators’ group showed its support for the cause at a conference on Arbitration and Climate Change on 10 September 2019. After a warm welcome by DIS federal coordinator Jennifer Bryant (Noerr) the conference started off with a panel discussion…

Commercial Arbitration, Conflict of Jurisdiction, Egypt, National Arbitration Laws, Nature of Arbitration

, , (Matouk Bassiouny Law Firm)/ /1 Comment

Introduction Although the nature of arbitration is still a matter of debate in the Egyptian legal system, the arbitration-friendly jurisprudence of Egyptian courts now supports the idea that the arbitration process is indeed of a judicial nature. A clear example is provided by the Supreme Constitutional Court (“SCC”),1)Supreme Constitutional Court, Challenge No. 95 of 20…

Arbitration, Commercial Arbitration, Commercial Law, English Law, Hybrid arbitration clause, Insolvency, party-appointed, Portugal, Romania, Switzerland, Third party funding

, (Gabriel Arbitration AG) and (Walder Wyss Ltd.)/ /Leave a comment

On 7-8 June 2019, the ninth (Romanian) National Conference on Commercial Law in Cluj-Napoca was organized by the Department for Company Law and Corporate Governance of the Law Faculty of the University Babeş-Bolyai in Cluj-Napoca (Romania), together with the Center for Commercial Law of the West University of Timişoara (Romania), supported by the Romanian National…

Amparo, Commercial Arbitration, ISDS Reform, Latin America, Mexico, USMCA

(Herbert Smith Freehills)/ /Leave a comment

The seminar “International Arbitration in Mexico – Latest Developments” took place on March 21, 2019 in New York City (the “Seminar”). International and Mexican practitioners gathered to discuss issues such as the relevant investment climate in Mexico, policy changes from the current administration, as well as, relevant developments in commercial arbitration in the country. Donald…

Anti-ISDS Propaganda, Arbitration Institutions and Rules, Commercial Arbitration, Costa Rica, Document Production, ICC, ICC Arbitration, Latin America, Prague Rules

(DLA Piper)/ /Leave a comment

The X CAI Costa Rica held by the Costa Rican Chapter of the ICC and its Arbitration Commission, took place in San Jose, Costa Rica between February 24 and 27, 2019. Ten years have led to its consolidation as one of the most important ICC events in the region. This year’s intensive program included several…

Arbitral seat, Colombia, Commercial Arbitration, ICC Arbitration, Latin America

(Suescún Abogados)/ /Leave a comment

During the last years, Colombia has been taking steps forward towards the consolidation of the country as an attractive forum for international arbitration.1)For a more detailed analysis, see: F. González Arrieta; “Arbitration in Colombia: Two Steps Forward and one Backwards” TDM 5 (2016), www.transnational-dispute-management.com; available at: www.transnational-dispute-management.com/article.asp?key=2382 Within this context, the Supreme Court of Justice…

Africa, Arbitral seat, Arbitral Tribunal, Arbitration Proceedings, CAJAC, Commercial Arbitration, Interviews with Our Editors

(Equanimity Arbitration)/ /Leave a comment

With development in the African continent on the rise, the region is seeing the introduction and/ or revamping of its arbitration centres. One such development is the establishment of the China Africa Joint Arbitration Centre (CAJAC) to resolve commercial disputes between Chinese and African parties. Not an unsurprising development given China’s commitment to invest $60…

Commercial Arbitration, Construction arbitration, Document Production, Evidence

, (Sidley Austin LLP)/ /1 Comment

This is one of the five construction arbitration posts, providing the technical discussion from the SCAI, CAM, TILPA conference in Geneva and Mexico City.  The authors include: Ms Almudena Otero De La Vega (on State enterprises) Ms Tanya Landon & Ms Azal Khan (on evidence), Dr Manuel Arrollo (on multiple procedures), Mr Serge Y. Bodart…

Commercial Arbitration, Construction arbitration, Dispute, Goverment Procurement, Investment Arbitration, Prevention, regulation, WTO

(TILPA - INTERNATIONAL TRADE AND INVESTMENT LAW)/ /Leave a comment

This is one of the five construction arbitration posts, providing the technical discussion from the SCAI, CAM, TILPA conference in Geneva and Mexico City.  The authors include: Ms Almudena Otero De La Vega (on State enterprises) Ms Tanya Landon & Ms Azal Khan (on evidence), Dr Manuel Arrollo (on multiple procedures), Mr Serge Y. Bodart…

Brazil, Commercial Arbitration, Enforcement, Latin America, Recognition and enforcement of arbitral award

( King & Spalding LLP)/ /Leave a comment

For the past few years, Brazil has gained recognition as an “arbitration-friendly” seat when it comes to the enforcement of foreign arbitral awards. However, last year, in a groundbreaking decision, the Brazilian Superior Court of Justice (in Portuguese, “Superior Tribunal de Justiça” or “STJ”) denied recognition of two US arbitral awards. Abengoa has appealed from…

Brazil, Commercial Arbitration, Institutional Arbitration, public-private partnership, State entity

, (Andrade & Fichtner Advogados) and (Quinn Emanuel Urquhart & Sullivan UK LLP)/ /Leave a comment

This post summarises the key features of the Rio de Janeiro State Decree No. 46.245/2018, which regulates arbitrations between state-owned entities and private corporations and came into force on February 20, 2018. As a brief introduction, and to provide context of the enactment of the referred statute, it is relevant to set forth three pieces…

Arbitration Proceedings, Commercial Arbitration, Diversity, Party autonomy, Transparency

(PhD Candidate, University of Cambridge)/ /Leave a comment

The Cambridge Arbitration Day (CAD), an annual arbitration conference organised by the Cambridge University Graduate Law Society, took place on the 3rd of March 2018, in Cambridge, United Kingdom. The event was preceded by the Young Practitioners’ Event organised with ICC Young Arbitrators Forum on the 2nd of March 2018, which brought together students and…

Arbitration clause, Commercial Arbitration, Latin America, Oil & Gas

/ /Leave a comment

The need to attract foreign oil & gas investment due to the current low price in Latin American countries is creating an environment were once non-friendly arbitration jurisdictions are increasingly accepting international arbitration clauses for complex landmark deals. This trend is being used within Stock Purchase Agreements of Mixed Oil Companies, Prepaid Oil Agreements when…

Brazil, Commercial Arbitration, kompetenz-kompetenz

(Demarest Advogados) and (Aprigliano Advogados)/ /Leave a comment

There is no doubt that Brazil is recognized world-wide as one of the most pro-arbitration nations. Brazilian law regulating arbitration is quite innovative, especially after its reform in 2015, which instated clear provisions on relevant topics such as interim measures, the effects of arbitration agreements contained in a company’s bylaws before its shareholders, and arbitration…

Annulment, Colombia, Commercial Arbitration, Independence and Impartiality

(FERRERE Abogados)/ /Leave a comment

On July 12, 2017, the Colombian Supreme Court issued a decision on the enforcement of the arbitral award rendered in the ICC case (No. 16088/JFR/CA) Tampico Beverages Inc. v. Productos Naturales de la Sabana S.A. Alquería, seated in Santiago de Chile. The decision provides for an interesting differentiation of the standard of review to be…

Arbitrability, Commercial Arbitration, LCIA Arbitration, Public contract disputes, Public Interest, Public Procurement, UK

(General Editor International Journal of Arbitration, Mediation and Dispute Management; Queen Mary University of London)/ /3 Comments

In international arbitration, as in other fields of law, the divide between private and public—commercial arbitration and public international (including investment) arbitration—traditionally has been the generally, if uncritically, accepted belief. When public bodies are involved in commercial contracts, the traditional point of distinction has been whether the state operated jure imperii or jure gestionis. Apart…

Arbitral Tribunal, Arbitration, Commercial Arbitration, Confidentiality

(National Academy of Legal Studies and Research (NALSAR University of Law, Hyderabad))/ /3 Comments

The terms ‘Privacy’ and ‘Confidentiality’ had been used in arbitration interchangeably until the latter half of 20th century. While ‘Privacy’ means that no third party can attend arbitral conferences and hearings, ‘Confidentiality’ refers to non-disclosure of specific information in public. Private hearings do not necessarily attach confidentiality obligations to the parties to arbitration. The general…

Applicable Law, Arbitral seat, Arbitration Agreement, Arbitration clause, Commercial Arbitration, Governing Law, Seat of the arbitration, Separability

(Al Tamimi & Company)/ /Leave a comment

Introduction In BCY v BCZ [2016] SGHC 249, the High Court of Singapore found that parties could not be bound by an arbitration agreement that was part of an unexecuted underlying contract. This post examines the analysis taken by the Singapore High Court vis-à-vis the Swiss Supreme Court, in a similar fact pattern.   The…

Arbitral Tribunal, Arbitration, Arbitration Proceedings, Best practices, Commercial Arbitration, Confidentiality, Confidentiality and Transparency, HKIAC, ICC Arbitration, ICCA, ICSID Arbitration, Independence and Impartiality, Institutional Arbitration, International arbitration, Investment Arbitration, ISDS, LCIA Arbitration, Powers of the tribunal, Procedure, SCC Rules, Secretary of the Arbitral Tribunal, SIAC, Singapore International Arbitration Centre, Tribunal Secretary, Uncategorized

, , (Clifford Chance) and (Clifford Chance Asia)/ /Leave a comment

“Help! I need somebody Help! Not just anybody Help! You know I need someone, help … And now my life has changed in oh so many ways, My independence seems to vanish in the haze …” Help raises a question of need, but does it lead to a loss of the fundamental decision-making power vested…