International arbitration

Ad hoc arbitration, Arbitration, Arbitration Agreements, Arbitration institution, Arbitration Proceedings, International arbitration, Latvia, Validity

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Latvian courts annually enforce approximately 1000 arbitral awards. Just a few years ago this number was even higher – reaching 7000 requests in 2004 (statistics of the Court Information System available here) – since also consumer disputes could have been submitted to arbitration, as non-negotiated arbitration clauses were not presumed to be unfair and thus…

Arbitration, Corruption, International arbitration

(D|R Arbitration & Litigation)/ /Leave a comment
YSIAC

The legal consequences of a breach of a contract tainted by corruption are better understood through a hypothetical: Contractor A of country X enters into negotiations with B, the Minister of Economics and Development of country Y, with a view to concluding an agreement on a large infrastructure project (“the Contract”). B requests the payment…

Arbitration, Domestic Courts, International arbitration, Italy

(Lombardi Segni e Associati)/ /4 Comments

According to the last “Scoreboard” published by the European Commission in 2015 regarding the civil justice system in each Member State, the average length of first instance proceedings in Italy is 608 days. Only Cyprus and Malta take more time to reach a decision. As if this was not enough, the number of proceedings which…

Arbitration, Arbitration Proceedings, Asia, Costs, Costs in arbitral proceedings, Enforcement, HKIAC Rules, International arbitration, Russia

(Harbour Litigation Funding Limited)/ /Leave a comment

Co-authored with William Kenny, Intern at HKIAC A View from Inside A foreword by Victor Dumler, Dumler and Partners Law Offices, St Petersburg. Over the last two decades, Russia-related disputes have become a considerable part of “Russia’s export” into Western Europe. Yet, after more than a year living under the sanctions regime, the situation is…

Arbitration, Arbitration institution, Arbitrator Intelligence, International arbitration, Surveys, Uncategorized

(MDisputes)/ /3 Comments

The 2015 International Arbitration Survey is out. Subtitled “Improvements and Innovations in International Arbitration,” the most recent effort by Queen Mary / White & Case has a lot to say about efforts to date to improve the practice and what more can be done. The survey’s methodology and sample size have themselves been the subject…

Asia, Enforcement, International arbitration, Investment Arbitration, Russia

(Fangda Partners)/ /1 Comment

In recent years, Russia has become a frequent respondent in investment treaty matters. This is a new development. There are currently at least ten treaty claims pending against Russia, with a number of other disputes threatened. At the same time, Russia is trying to protect its assets against a large-scale enforcement campaign in Europe and…

Arbitration, Awards, DIFC, Dubai, Enforcement, ICC Arbitration, International arbitration, MENA, Middle East, New York Convention, Public Policy, Recognition and enforcement of arbitral award, Stay of Proceedings, UAE, Uncategorized, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

By Order of 11 May 2015 (unpublished) in Case No. ARB 005/2014 – A v. B, Justice Sir David Steel of the Dubai International Financial Centre (DIFC) Court of First Instance dismissed an application made by an award debtor to set aside an order granted by the DIFC Court on 8 January 2015 (unpublished) for…

Anti-arbitration, Arbitral Tribunal, Arbitrator Intelligence, Arbitrator's Fees, Australia, Availability of arbitrators, Best practices, Bulgaria, Counsel, Dubai, England, Expedited arbitration, Germany, ICC Arbitration, International arbitration, LCIA Arbitration, New Zealand, Singapore International Arbitration Centre, Uncategorized, UNCITRAL Arbitration Rules, Women in arbitration

(MDisputes)/ /3 Comments

Dear Readers, you may have noticed the dearth of recent posts, for which we make no excuses. It is late summer for the northern hemisphere contributors. At this point, most of us are lingering poolside at the Kluwer International Arbitration Resort and Amusement Park, sipping procedural cocktails in the waning light as the children take…

HKIAC, Hong Kong, India, International arbitration

(Hong Kong International Arbitration Centre)/ /Leave a comment

The Indian Government (‘Government’) plans to revamp the country’s arbitration landscape and is considering amendments to its arbitration legislation. If the Government is keen on transforming India into a global arbitration hub, it could draw from the experience of Hong Kong, which is a successful model for arbitration in the Asia-Pacific region. Since the gazettal…

Asia-Pacific, Commercial Arbitration, Domestic Courts, Enforcement, International arbitration, Investment Arbitration, Recognition and enforcement of arbitral award, Singapore, Singapore International Commercial Court

(Mayer Brown LLP)/ /Leave a comment

and Paul Tan, Rajah & Tann Singapore LLP Short answer: Yes for some actions, but not all. Here is why. The Singapore International Commercial Court (“SICC”) was launched in January 2015 and provides litigants with the benefits of court proceedings and international arbitration without the constraints and setbacks of either option. Thus far, murmurs of…

Arbitration, Arbitration clause, Australia, Free Trade Agreements, International arbitration, Investment Arbitration, Transparency

(Australian National University)/ /Leave a comment

On 24 June 2015, the Australian Productivity Commission released its eighteenth Trade and Assistance Review 2013-14. The Commission is an independent research and advisory body, with statutory authority to report annually on the economic impacts of Australia’s international trade policy. As readers of this blog may recall, in previous years the Commission’s Review has influenced…

International arbitration, Mediation, New York Convention, Uncategorized, UNCITRAL

(MDisputes)/ /Leave a comment

Vienna can be a confounding place for an outsider. In one moment, the city projects itself confidently into an innovative, international future and yet in the next moment can appear irrevocably bound to traditions. Being forward-minded in dispute resolution, Vienna is host this week to the IBA-VIAC International Mediation and Negotiation Competition, a four-day event…

Cost allocation mechanisms, Counsel, Counsel conduct, Emergency Arbitrator, International arbitration

(Clifford Chance LLP)/ /2 Comments

This was the title of one of four sessions comprising the dispute resolution module held as part of the fifth Institute for Energy Law (IEL) and IBA Section on Energy, Environment, Natural Resources and Infrastructure Law (SEERIL) International Oil and Gas conference, which took place in London on 3-5 June 2015. The dispute resolution module…

Arbitral seat, Asia-Pacific, Cambodia, International arbitration, National Commercial Arbitration Centre of the Kingdom of Cambodia

(Fangda Partners)/ /1 Comment

The National Commercial Arbitration Centre of the Kingdom of Cambodia (“NCAC”) was conceived in 2006, when Cambodia’s Commercial Arbitration Law entered into force. The initiative to create the centre surfaced as a part of Cambodia’s attempt to attract foreign investment on the one hand and to offer a viable alternative to domestic litigation to local…

Arbitral Award, Arbitral seat, Arbitral Tribunal, Arbitration, Arbitration Act, Arbitration Agreements, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Arbitrators, arbitrators’ conduct, Best practices, Commercial Arbitration, Document Production, Due process, International arbitration, International Legal Theory and Teaching, Procedure, Uncategorized

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As a fitting tribute to the vision of the first dedicated arbitration education institution, the School of International Arbitration (SIA) marked its 30th anniversary with a two day conference looking back and looking forwards. Entitled “The Evolution and Future of International Arbitration: The Next 30 years”, it brought together over 200 graduates, academics and practitioners…

International arbitration

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

Most institutional rules share a common procedural framework for arbitral proceedings—the origins of which are traceable to the first set of ICC Rules in 1922. This skeletal framework broadly describes the lifecycle of the arbitration, and provides for the order of pleadings, constitution of a tribunal, conduct of proceedings, and making of the award, in…

Anti-arbitration, Arbitration Agreements, Asia-Pacific, BIT, Consent, Courts, ILC Articles on State Responsibility, India, International arbitration, Investment Arbitration, UNCITRAL, UNCITRAL Arbitration Rules

(Willkie Farr & Gallagher) and (Aarna Law)/ /Leave a comment

On 29 September 2014, the Calcutta High Court in Board of Trustees of the Port of Kolkata v. Louis Dreyfus Armaturs SAS & Ors delivered the first decision by an Indian Court on a case directly arising from an investment treaty arbitration. The case concerns an anti-arbitration injunction sought against Louis Dreyfus Armateurs SAS (“LDA”),…

Arbitration, Arbitration Institutions and Rules, ASEAN, Asia-Pacific, Expedited arbitration, International arbitration, Singapore International Arbitration Centre, Statistics

(Singapore International Arbitration Centre)/ /Leave a comment
YSIAC

SIAC ended speculation as to who would succeed Dr Michael Pryles as the next President of the SIAC Court of Arbitration by announcing, at the SIAC Annual Appreciation Event on Monday 2 March 2015, the appointment of Mr Gary Born of Wilmer Cutler Pickering Hale and Dorr LLP, with effect from 1 April 2015. At…

BIT, Foreign Investment Law, Human Rights, ICSID Arbitration, International arbitration, Investment Arbitration, Investment protection, State Responsibility for Damage, Transatlantic Trade and Investment Partnership, Treaty Interpretation, UK

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A recent seminar delivered under the Chatham House Rule considered the usefulness of an analogy between Investment Treaty Arbitration (ITA) and domestic public law, with a view to critiquing perceived imbalances in the former. The content of the seminar was grounded in the speaker’s background in ITA and public law litigation including domestic judicial review…

Arbitration Agreements, International arbitration, Israel, New York Convention

(University of Alberta Faculty of Law)/ /1 Comment

The dispute in Siemens AG and Siemens Israel Ltd. v. Israeli Electric Cooperation Ltd. (3331/14, Supreme Court of Israel Judgment, 13 August 2014) arose out of a request for tenders for the purchase and maintenance of gas turbines issued by the Israeli Electric Cooperation (IEC), following which it entered into several contracts with Siemens Israel…

Ad hoc arbitration, Annulment, Arbitral Award, Arbitral seat, Arbitration Awards, International arbitration, Investment, Investment agreements, Investment Arbitration, Investment protection, Public Policy

(Mechantaf Law)/ /Leave a comment

In one of the very rare decisions issued by courts in the Arab world applying the provisions of the Unified Agreement for the Investment of Arab Capital in the Arab States (the “UAIAC”), the Cairo Court of Appeal has revived in its decision dated February 5, 2014, the principle of finality of arbitration awards, by…

Arbitration, Arbitration Institutions and Rules, DIFC, Dispute Resolution, Dubai, International arbitration, Middle East, Seat of the arbitration, Uncategorized, United Arab Emirates

(Blanke Arbitration LLC)/ /Leave a comment

In an ambitious stride to become the leading maritime hub in the Middle East, the Emirate of Dubai is set to establish the Emirates Maritime Arbitration Centre, which in shorthand will be known as “EMAC”. Plans for the anticipated establishment of the Centre have recently been announced by Sheikh Hamdan bin Rashid Al Maktoum, the…

Arbitration, Arbitration Awards, Arbitration Proceedings, DIFC, Domestic Courts, Enforcement, International arbitration

(Blanke Arbitration LLC)/ /Leave a comment

In a recent, worldwide yet unprecedented move, the DIFC Courts have circulated for public consultation a draft Practice Direction (see Practice Direction No. X of 2014 amending Practice Direction No. 2 of 2012 DIFC Courts’ Jurisdiction, electronically accessible on the official website of the DIFC Courts at www.difccourts.ae), which essentially aims to provide for the…