International arbitration

International arbitration, International Law, International tribunals, Investment, Investment agreements, Investment Arbitration, Investment law, VCLT, VCLT Jubilee, Vienna Convention on the Law of Treaties

(Proxenia Legal)/ /Leave a comment

The Vienna Convention rules for treaty interpretation (VCLT) routinely referred to by all international courts and tribunals are known to be the result of a compromise between different schools of interpretation and therefore notoriously flexible, in my view too flexible for the purposes of modern-day international dispute resolution. Cases are therefore won and lost according…

Achmea, Arbitration, BIT, European Law, International arbitration, Intra-EU BITs, Intra-EU ISDS, Investment agreements, Investment Arbitration, Investor-State arbitration, Sunset clauses

(NL-Investmentconsulting)/ /Leave a comment

On 24 October 2019, the European Commission announced that the EU Member States have reached agreement on a plurilateral treaty for the termination of all ca. 190 intra-EU bilateral investment treaties (BITs). The agreement follows the political Declarations of the Member States issued in January this year in which they explained the consequences they are…

Amparo, Colombia, Constitutional Court, International arbitration, International Public Policy, Tutela

(Talero Rueda & Asociados)/ /Leave a comment

In its recent decision T-354/2019, the Colombian Constitutional Court, through one of its chambers, declared that arbitration awards, issued in international arbitrations seated in Colombia, may be subject to constitutional challenges by means of the so-called acción de tutela.1)The acción de tutela is similar to the so-called recurso de amparo, a constitutional injunction widely known…

Arbitration, Arbitration Awards, Arbitration Proceedings, Enforcement, France, International arbitration

(Laborde Law)/ /Leave a comment

Under French law, the principle is that both a request to set aside an award and an appeal of a decision upholding enforcement (ordonnance d’exequatur) have no suspensive effect (Article 1526(1) of the Code of Civil Procedure, ‘CCP’), so that an international arbitral award is immediately enforceable. However, as an exception, stay or adjustment of…

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Case Management, Efficiency, International arbitration, Poland

(Akademia Leona Koźmińskiego) and (Kocur & Partners)/ /Leave a comment

Essential Role of Effective Case Management in Arbitration Throughout the second half of the 20th century, arbitration has become a dominant and preferred method for resolving international disputes. Its advantages are widely known. This being said, international arbitration suffers nowadays from increasing costs and duration of the proceedings. It is less efficient than it promises….

Awards, Colombia, Constitutional Court, International arbitration, Tutela

, (Zuleta Abogados)/ /1 Comment

On August 6, 2019, the Fifth Revision Chamber of Colombia’s Constitutional Court (the “Court”) issued judgment T-354/19 resolving a constitutional injunction (tutela)1)The tutela is a constitutional injunction that aims to protect fundamental constitutional rights when they are violated or threatened by the action or omission of any public authority. This mechanism is incorporated in Article…

Arbitration, BIT, International arbitration, Investment Arbitration, Micula, Romania

(Omnia Strategy LLP)/ /Leave a comment

Introduction With less than a month to go before the latest EU-UK divorce date, the UK Supreme Court resumed its hearing in Micula et al. v Romania 2018/0177, relating to the enforcement of the widely discussed ICSID award against Romania. With the UK grappling with its future relationship with the EU, it is interesting timing…

AfCFTA, Africa, Arbitral seat, Arbitration Agreement, Arbitration Proceedings, Insolvency, International arbitration, Investment Arbitration, Investor-State arbitration

(Equanimity Arbitration) and (Keating Chambers)/ /Leave a comment

With over $3 billion invested by Vedanta Resources in Zambia since it became a shareholder in Konkola Copper Mines (KCM) in 2004, it is a less optimistic turn of events with Vedanta Resources and fellow shareholder, the government-owned Zambian State Mining Company ZCCM-IH (ZCCM), being at loggerheads in arbitration. In this post, we examine what…

Courts, Czech Republic, Enforcement, International arbitration, International Commercial Arbitration

, (Eversheds Sutherland)/ /Leave a comment

The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (‘New York Convention’) stipulates in Article III that enforcement of foreign arbitral awards should not be subject to more onerous conditions, higher fees or charges than those that are imposed on enforcement of domestic arbitral awards. However, the Czech Supreme Court (‘CSC’)…

Arbitration, England, English Arbitration Act, English courts, English Law, International arbitration, Precedent

(Beechey Arbitration)/ /1 Comment

The topic of precedent in international arbitration is not an idle one. It is widely accepted that the existence and use of precedent in any legal system leads to predictability, consistency and equality of treatment. Indeed, one of the eight strands that according to the late Lord Bingham (as summarised by Lord Neuberger) make up…

Arbitration, Enforceability, Human Rights, International arbitration, The Hague Rules, Transparency

(Pinsent Masons )/ /Leave a comment
Young ICCA

Recently, focus has been brought upon the use of international arbitration to solve human rights abuses caused by businesses (“BHR Arbitration“). Disputes involving human rights violations often occur between parties of unequal financial means and commercial sophistication, and in countries which cannot offer an efficient and free from corruption judicial system. Arbitration has the potential…

Arbitration Agreement, Choice of Law, International arbitration, Portugal

(CMS Portugal )/ /Leave a comment
Young ICCA

With as many as nine identified approaches to the potential applicable law to the arbitration agreement, Marc Blessing, as an experienced author, arbitrator and lawyer, could not help but ask: “Are we thus faced with a magnificent confusion?”.1)“The Law Applicable to the Arbitration Clause” 1999, in Improving the Efficiency of Arbitration Agreements and Awards: 40…

Arbitral Award, Courts, Enforcement, Hungary, International arbitration, International Commercial Arbitration, New York Convention

(SMARTLEGAL Schmidt & Partners)/ /Leave a comment

This post analyses the decisions of Hungarian courts rendered under the New York Convention (“Convention”) and published in the last two decades. The decisions were initially made available to the international arbitration community in the ICCA Yearbook of Commercial Arbitration series. This case law of 20 years is summarized below by identifying the main directions…

ADR, International arbitration, Interview

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Young ICCA

Amanda is an independent arbitrator and a Consultant at Seymours, based in London. Her practice focuses on international commercial arbitration, domestic and international commercial litigation and Privy Council appellate procedure. Her experience includes disputes arising in relation to a variety of sectors, including the recycling, construction, automotive and finance sectors. She has acted and participated in…

Common Law, English Arbitration Act, English courts, Evidence, International arbitration

(Advocate, Arbitrator and Mediator) and (Herbert Smith Freehills)/ /Leave a comment
Clyde & Co.

It is often said that flexibility is a cornerstone of international arbitration and that the tribunal (typically in consultation with the parties) is the master of how the proceedings are to be conducted. Yet, it remains unsettled whether certain specific rules of procedure or evidence must be complied with in arbitration – sometimes, at the…

ADR, Enforcement, International arbitration, International Mediation, New York Convention, Singapore Mediation Convention

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If the number of signatories at the launch of a convention is any measure of success, then the Singapore Convention on Mediation (Singapore Convention) had close to five times the signatories as the New York Convention (NYC) which had 10 signatories (by the time the NYC came into force there were 24 signatories). The NYC…

Agreement in writing, CISG, International arbitration, International Commercial Arbitration, New York Convention, Spain, Supreme Court of Spain

(Bottega Di Bella)/ /3 Comments

This post analyzes the problem stemming from the different form requirements established by the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“NYC”) and the 1980 United Nations Convention on Contracts for the International Sale of Goods (“CISG”) with respect to the formation of the agreements the two Conventions regulate….

Federal Supreme Court of Switzerland, International arbitration, International Commercial Arbitration, Lex Arbitri, Party autonomy, Swiss Civil Procedure Code, Swiss Private International Law Act, Switzerland

(Wartmann Merker AG)/ /Leave a comment

Introduction The lex arbitri of Switzerland is well-known for affording parties maximum autonomy and procedural flexibility. In line with these principles, parties to international arbitration proceedings have the possibility to opt out of the otherwise applicable Chapter 12 of the Swiss Private International Law Act (“PILA”) and to opt into the statutory rules governing Swiss-seated…

Arbitration clause, Assignment of arbitration clause, Bulgaria, International arbitration, International Commercial Arbitration

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The assignment of contractual rights is a common business practice. An important question concerning the assignment of rights under a contract is the fate of the arbitration agreement related to those rights and whether it is transferred automatically to the assignee so that such arbitration agreement becomes effective and binding in the relationship between the…

Arbitration institution, Arbitration Institutions and Rules, International arbitration, Interview, Interviews with Our Editors, Iran, TRAC

(Mihaela Maravela Law Office)/ /1 Comment

Welcome to the Kluwer Arbitration Blog, Mr. Rezvanian! We are grateful for this opportunity to learn more about the Tehran Regional Arbitration Centre (“TRAC”) and your experience with international arbitration in the region.   To start, can you briefly introduce yourself and explain your role at TRAC? My educational background is quite diverse. I have…

Arbitration, Arbitration Proceedings, Expropriation, International arbitration, Investment Arbitration

, (British Institute of International and Comparative Law (BIICL))/ /Leave a comment

States can regulate as part of their sovereignty and can give away a part of their regulatory freedom by making commitments to foreign investors, such as the obligation to compensate investors for expropriation. Unless a treaty removes or modifies a particular norm of international law, international law on expropriation, including customary law, should apply. The…

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Emergency Application, Emergency Arbitrator, ICC, ICC Arbitration, ICC Rules, Injunction, interim relief, International arbitration

(Enyo Law LLP)/ /Leave a comment

Background The ICC Commission on Arbitration has recently published a report on Emergency Arbitrator (“EA”) Proceedings (“Report”) that promises to “offer guidance to users, counsel and EAs to facilitate the use of EA proceedings through increased transparency and predictability”. The Report analyses the 80 cases in which the ICC EA procedures have been used in…

Arbitration, Efficiency, Enforcement, International arbitration, International Commercial Courts, Investment Arbitration, Journal of International Arbitration, Powers of the tribunal

(WilmerHale & Queen Mary University of London)/ /Leave a comment

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions:   Lucy Greenwood, Revisiting Bifurcation and Efficiency in International Arbitration Proceedings In 2011, the author published an analysis of available empirical data on bifurcation of disputes in this journal. The article, ‘Does Bifurcation Really…

Arbitration, Arbitration Proceedings, Artificial Intelligence, Efficiency, Finland, GDPR, International arbitration, National Courts

(The Arbitration Institute of the Finland Chamber of Commerce) and (The Finland Arbitration Institute (FAI))/ /Leave a comment
Finland Arbitration Institute (FAI)

On 23 May 2019, the Arbitration Institute of the Finland Chamber of Commerce (FAI) hosted the 15th IFCAI Biennial Conference in Helsinki. The International Federation of Commercial Arbitration Institutions (IFCAI) organises the “IFCAI Biennial Conference” every two years in cooperation with an IFCAI member arbitration institution. This year it was hosted by the FAI in lieu…