Latin America continues to be a hotspot for investment arbitration. In 2024, investment arbitration in Latin America saw significant activity and notable developments. In addition to seeing a steady increment in arbitration cases, 2024 witnessed important legal reforms and evolving trends that are reshaping the region’s approach to investment and investor-State dispute settlement (“ISDS”). This…
The judgment of the Singapore International Commercial Court (the “Court”) in DJO v DJP and others [2024] SGHC(I) 24 (“DJO”) provides helpful guidance on when an award may be set aside for breach of natural justice. While setting-aside applications do not generally succeed given the well-established principle of minimal curial intervention, the Court undoubtedly reached…
On 26 September 2024, the International Chamber of Commerce (ICC) hosted the 19th ICC New York Conference on International Arbitration, which brought together over 300 participants from 40 countries to discuss critical developments in international business and arbitration. Held in tandem with the ICC Institute Advanced Training on “The Amicable Settlement of Disputes in International…
On May 17, 2024, Guyana passed the Arbitration Act 2024 (Act No. 6 of 2024) (“AA”). The AA repealed the outdated Arbitration Act, Cap 7:03, Laws of Guyana (Act No. 17 of 1916), passed more than a century ago, and makes Guyana the latest Commonwealth Caribbean country, after Trinidad and Tobago, which passed new legislation…
On 7 August 2024, the High Court of Australia (“Court”) delivered judgment in the much-anticipated Tesseract International v Pascale Construction [2024] HCA 24 in which the Court held that proportionate liability statutes apply in arbitration. This post seeks to draw attention to critical aspects of the decision of Australia’s highest court, and suggests that, properly…
The doctrine of immunity from execution, viewed as the “last bastion of State immunity“, has traditionally shielded sovereign assets from being used to satisfy adverse arbitral awards. While municipal laws on State immunity vary, the dominant view in modern international legal practice is that a State’s consent to arbitration, whether under a treaty or a…
On 27 June 2024, the United Kingdom (“UK”) ratified the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“2019 Hague Convention” or “Convention”), with 1 July 2025 being the expected date of its entry into force in England and Wales. This blog post shall first…
On 7 June 2024, the Dutch Arbitration Association (“DAA”) held its annual conference (the Dutch Arbitration Day “DAD”). Themed “Arbitration for the Next Generation”, this year’s edition highlighted the challenges and opportunities in future arbitral disputes faced by the next generation of arbitrators and practitioners. Tomorrow Must be a Better Day In his keynote…
It was around 367 BCE when Plato wrote Νόμοι (The Laws), marking the first proper consideration of arbitration as a method for resolving private disputes. This work highlighted arbitration’s cost-effectiveness, the autonomy it provides through arbitrator selection, and the expertise and impartiality of arbitrators. Fast forward to today, arbitration is increasingly embraced by the international…
The Ecuadorian government held a referendum and a public consultation on 21 April 2024. Question D of the referendum asked citizens: “Do you agree that the Ecuadorian State recognizes international arbitration as a method to resolve disputes related to investment, contractual, or commercial matters?” (free translation). The substantive proposal of the question was merely based…
In September 2021, the IBA Arbitration Committee launched a task force to assess whether uniform rules on privilege are desirable or feasible. The task force published its report in February 2024 (the “Report”). The Report concludes that uniform standards are indeed desirable, but only possible for some categories of privilege. For other categories, and as…
In a recent judgement rendered in H1 and another v W and others [2024] EWHC 382, the English Commercial Court removed a sole arbitrator under section 24 of the English Arbitration Act 1996 (the “EEA”). This removal was based on statements made by the arbitrator regarding the way he would treat expert witness evidence that gave rise…
Day 3 of the London International Disputes Week (“LIDW”) featured an extensive discussion (the “Arbitral Institutions’ Congress”) by representatives of various arbitral institutions at the historic Parliament Chamber at Middle Temple co-hosted by McNair, Clyde & Co, and Osborne Clarke. The present post summarises the discussions held during the event. Statistics and Views From…
The fourth day (06 June) of 2024 London International Disputes Week (“LIDW”) tackled several complex issues in arbitration. This post will provide a brief overview of two such sessions, focusing on the rule of law in arbitration and on arbitration and regulations. These sessions provide a rather useful snippet into the complex challenges faced by…
As part of the 2024 London International Disputes Week (“LIDW”), Kirkland & Ellis hosted an event titled “Panel Session on Sanctioned Countries”. The panel, comprised of Anna Bradshaw (Peters & Peters), James Freeman (A&O Shearman), Maya Lester KC (Brick Court Chambers), David Lorello (Covington & Burlington), Jon Newman (Kirkland & Ellis), and Dara Shagal (Pinna…
As part of the London International Disputes Week 2024 International Arbitration Day, Kirkland & Ellis hosted a “Panel Session on Space – Arbitration for Low Earth Orbit Disputes and Beyond.” The panel comprised Artem Doudko (Osborne Clarke), Dr. Jan Frohloff (SRP, Germany), Oliver Grazebrook (Viasat), Rachael O’Grady (Mayer Brown), and Dr. Tanja Masson-Zwaan (Leiden University)….
On 25 April 2024, the European Federation for Investment Law and Arbitration (“EFILA”) held its 9th Annual Conference at Clifford Chance in Frankfurt. The conference was opened by the Chair of the Executive Board of EFILA, Mirjam van de Hel (NautaDutilh) who underscored the importance of discussing the impact of geopolitical uncertainties on international arbitration…
International arbitration specialists frequently estimate that national courts give effect to about 90% of all international arbitral awards. Recently, several scholars have set out to empirically test this estimated 90% enforcement rate (see here, here, here, and here). When they ran their numbers regarding how frequently national courts give effect to awards, however, they found…
Mid-hearing, the Arbitral Tribunal in Sea Search-Armada, LLC v. The Republic of Colombia (PCA Case 2023-37) received an application for intervention from the Kingdom of Spain. The letter asserted Spain’s claim to certain rights over the San José Galeon, a “Spanish Navy warship sunk in naval combat against an English squadron in 1708” near the…
Columbia Arbitration Day (“CAD”) was held on 1 March 2024 at the Skyline Level of Columbia’s Faculty House. CAD is notable as an entirely student-organized event on the international arbitration calendar. The first panel, moderated by Professor Alejandro Garro (Columbia Law School), aimed to identify an effective toolkit for managing evidence in construction cases, which…
In an interpretative judgment rendered on 21 February 2024 (“Interpretative Judgment”), the highest court of Bulgaria had the occasion to decide whether, in case of an assignment of rights under a contract, the arbitration agreement contained in the contract is transferred automatically to the assignee so that such arbitration agreement becomes effective and binding in…
South Africa’s evolution into the premier destination for international arbitration in the Southern African Development Community (“SADC“) region exemplifies its commitment to legal modernity, accessibility, and the highest international standards. South African legal jurisprudence has come to enjoy significant influence in an increasingly globalised world where political, economic, social, and legal activities transcend territorial borders….
On 19 October 2023, the ICC Young Arbitration & ADR Forum (YAAF) hosted a workshop titled “Navigating the Frontiers of Artificial Intelligence in Arbitration” in Zurich. The evolution of Artificial Intelligence (AI) from a mere buzzword to a technological force has been remarkably swift. A recent study by Goldman Sachs reveals that, on average, 25%…
Some of the largest arbitral awards rendered in favour of investors have been based on tax-related (mis)conduct of host states towards investors, e.g., a series of Yukos and others v Russia – US$ 50 billion (the largest award ever rendered), Occidental v Ecuador (II) – US$ 1.77 billion, Cairn v India – excess of US$…
