International arbitration

Arbitration, Arbitration Proceedings, BIT, Enforcement, Gender equality, Human Rights, International arbitration, Investment Arbitration, Netherlands draft model BIT

(Columbia Law School) and (De Brauw Blackstone Westbroek)/ /1 Comment

On 22 March 2019, the Netherlands published its new model BIT (“2019 Dutch Model BIT”). The new model text may well set the scene for a new generation of investment treaties, paving the way with progressive rules on sustainable development and gender empowerment. The 2019 Dutch Model BIT is a refined version of the initial…

Africa, Appointment of arbitrators, Arbitral seat, Arbitral Tribunal, Arbitration Industry, Arbitrators, Diversity, International arbitration, Interview, Interviews with Our Editors

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  A common concern for arbitration practitioners in Africa is that when it comes to African seated arbitrations, African practitioners are underrepresented. The African Arbitration Association (AfAA) was set up as a combined vision of practitioners in the region to create a platform that would encourage and create more opportunities for greater representation of African…

Arbitration, BIT, Energy Charter Treaty, EU Law, International arbitration, Intra-EU BITs, Intra-EU Investment Arbitration, Intra-EU ISDS, Investment Arbitration, Multilateral Investment Court

(NL-Investmentconsulting)/ /Leave a comment

The regular readers of the Kluwer Arbitration Blog will recall my blog at the beginning of this year in which I predicted that 2019 would be the ‘Year of the big Harvest’ for the European Commission regarding its efforts to permanently change the landscape of international investment law and arbitration. This posts will review the…

Africa, Arbitration, Djibouti, ICSID, ICSID Arbitration, ICSID Convention, ICSID Procedure, International arbitration, Investment Arbitration

(University of Arkansas School of Law)/ /1 Comment

On April 12, 2019, the Republic of Djibouti (“Djibouti”) signed the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention” or “Convention”). To date, the Convention has been signed by 163 countries and ratified by 154 countries. Why is Djibouti signing the ICSID Convention at a time when…

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Costs in arbitral proceedings, Delos, International arbitration

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As the recent launch of the Prague Rules and the discussions at the Paris Arbitration Week 2019 and London International Disputes Week 2019 have shown, discussions around time and cost efficiency in arbitration remain a key concern of users and the arbitration community. This article accordingly reports on the launch event held by Delos Dispute…

Arbitration, Arbitration Proceedings, Environment, ICSID, International arbitration, Investment Arbitration

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The CERSA (CNRS, University Paris II Panthéon-Assas) organized its fourth event in a series of seminars on selected topics in international investment law and ISDS. On 28 March 2019, a distinguished panel of practitioners and academics gathered in Paris to exchange views on ‘Environmental Considerations in Investment Arbitration’. The discussion was moderated by Catharine Titi…

Arbitrability, Arbitration, Arbitration Awards, Arbitration Proceedings, Competition Law, International arbitration, LIDW 2019, London

, (Egyptian Competition Authority)/ /Leave a comment

The last session of the London International Disputes Week discussed the resolution of competition disputes. Sir Peter Roth, The Honorable Mr Justice, President of the UK Competition Appeal Tribunal, gave the keynote speech. Sir Roth explained that, while most of these disputes are a follow up to EU Commission decisions and one must also take…

Arbitration, Arbitration Awards, Arbitration Proceedings, England, English Arbitration Act, English courts, English Law, International arbitration, LIDW 2019, London, Maritime Arbitration, Shipping

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

Shipping disputes might range from minor issues to complex jurisdictional claims with several parties involved in the contracts. Due to the popularity and observed benefits of arbitration, such as the privacy of the arbitral process and perceived certainty in the binding nature of arbitral awards, arbitral agreements have grown in use with the increase in…

Arbitration, Arbitration Awards, Enforcement, Financial Agreements, Financial Industry, International arbitration, LCIA Arbitration, LIDW 2019, London

(University of West London)/ /Leave a comment

The nature and up-coming trends in the financial services dispute sector were one of the topics dealt with during the first day of the London International Dispute Week (LIDW). The audience had the opportunity to formulate an understanding of how financial disputes are treated by courts and tribunals. The Right Honourable Lord Justice Hamblen gave…

Case management conference, ICC Rules, International arbitration, International Arbitration Procedures, New York Convention

(Gadens Lawyers)/ /Leave a comment

What are Terms of Reference in the ICC Rules of Arbitration, and what are they for? Article 23(1) of the 2017 ICC Rules provides “As soon as it has received the file [of a new dispute] from the Secretariat, the arbitral tribunal shall draw up, on the basis of documents or in the presence of…

Arbitration, BIT, International arbitration, Investment Arbitration, ISDS, ISDS Reform, Multilateral Investment Court

, (Hanotiau & van den Berg)/ /Leave a comment

On 22 November 2018, the Belgian Ministry of Foreign Affairs, Foreign Trade and Development Cooperation hosted a High Level Event on the Reform of Investment Protection. Distinguished panellists from arbitral institutions, international organisations, academia, civil society, arbitration users and legal practitioners presented diverse views on the need for reform of the system of investor-State dispute…

Arbitration, Arbitration Proceedings, Enforcement, Evidence, International arbitration, Scope of an arbitration agreement

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This is the 1st part of the report highlighting the most significant arbitration-related decisions of the Swiss Federal Supreme Court (the “Supreme Court”) published in 2018. Consent to Arbitrate In two decisions, the Supreme Court dealt with the validity of an arbitration agreement under Swiss law. It set aside both awards – two of rather…

Arbitration, Arbitration Awards, Arbitration Proceedings, Enforcement, International arbitration, Investment Arbitration, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Public Policy, United States, USA

(Albright StoneBridge Group)/ /Leave a comment

The decision made in the case of Hardy Exploration & Production (India), Inc. v. Government of India, Ministry of Petroleum & Natural Gas (Civ. Action No. 16-140 (D.D.C. 7 June 2018)) (“Hardy case”) is yet another decision in a string of outcomes under the New York Convention proving that the repeated adagio “if it ain’t broken,…

Appointment of arbitrators, Arbitrator Challenges, Counsel, Counsel conduct, Disclosure, Dubai, ICC, International arbitration, International Arbitration Procedures, MENA, Middle East, UAE, UAE Federal Arbitration Law, UNCITRAL Model Law, United Arab Emirates

(Dentons & Co, Dubai)/ /Leave a comment

Participants at this year’s Dubai Arbitration Week gathered for the ICC conference hosted by Al Tamimi & Co on 14 November 2018. The conference featured a lively roundtable discussion on the subject of “Arbitrator Disclosure – Local Flavour or International Standards?” chaired by Nadia Darwazeh. The panel comprised practitioners from across the MENA region and…

Arbitration, Arbitration Awards, Arbitration Proceedings, CAS arbitration, Human Rights, International arbitration, Sport arbitration

, (Schellenberg Wittmer Ltd, Switzerland)/ /Leave a comment
Schellenberg Wittmer

The applicability of the European Convention on Human Rights (“ECHR”) to arbitral proceedings is a complex issue. The recent decision of the European Court for Human Rights (“ECtHR”) in the so-called Mutu/Pechstein cases brings some clarification in this regard, but also raises some new questions1)ECtHR, Mutu and Pechstein v. Switzerland, Decision of 2 October 2018,…

Arbitration, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, ICC, ICC Arbitration, ICC Rules, International arbitration, Trust

(McGill University )/ /Leave a comment

Over the last century, arbitration has established itself as one of the most popular means for resolving commercial disputes1) Gary B. Born, ‘Chapter 1: Overview of International Commercial Arbitration’, International Commercial Arbitration (2nd edition, Kluwer Law International 2014), 6–224, at 93-97; Queen Mary University London, 2015 International Arbitration Survey: Improvements and Innovations in Arbitration. and…

Arbitration, Arbitration Agreement, Arbitration Agreements, Arbitration clause, Arbitration Institutions and Rules, Arbitration Proceedings, Enforcement, ICC, ICC Arbitration, International arbitration, Russia

, (Freshfields Bruckhaus Deringer LLP)/ /2 Comments

In February 2018, the Arbitrazh (Commercial) Court of the City of Moscow issued a ruling1) Ruling of the Arbitrazh (Commercial) Court of the City of Moscow dated 8 February 2018, case No. A40-176466/17-83-1232. denying the recognition and enforcement of an ICC award issued in favor of Dredging and Maritime Management SA (Luxembourg) against JSC Inzhtransstroy…

Arbitration, Arbitration Awards, Arbitration Proceedings, Belgium, CAS arbitration, International arbitration

(Hanotiau & van den Berg) and (Hanotiau & van den Berg, Brussels)/ /Leave a comment

The authors write this contribution strictly in their own name. Most arbitration laws require parties to identify in their arbitration agreement the “defined legal relationship” for which they wish to submit disputes to arbitration. Nonetheless, this requirement has given rise to little case law in practice. In a judgment of 29 August 2018 (“Judgment”), however,…

Arbitration, Arbitration Awards, Arbitration Proceedings, Blockchain, Enforcement, International arbitration

(Albright StoneBridge Group)/ /Leave a comment

Sometimes, the establishment needs to step aside to let the next promising generation create a new way forward: So it commences with entrepreneurial students at the University of Miami, combining talents of engineering, technology, and international law and arbitration. It is by thinking out of the box that disruptive changes happen and they must in…

Arbitration, Arbitration Institutions and Rules, Arbitration Proceedings, Costs, Costs in arbitral proceedings, International arbitration, Investment Arbitration, Sweden, Third party funding

, , (Roschier Attorneys, Ltd.)/ /Leave a comment

Introduction Despite a rapid emergence at a global stage, third-party funding (TPF) appears yet as unfamiliar to businesses in the Nordic region. According to a survey included in the 2018 edition of the Roschier Disputes Index, merely 5 per cent of the Nordic companies have used TPF for financing litigation or enforcement proceedings. Arguably, these…

Arbitration, Arbitration Awards, Arbitration Proceedings, BIT, Bolivia, Clean Hands Doctrine, General Principles of International Law, International arbitration, Investment Arbitration

, (Aceris Law)/ /Leave a comment

The arbitral tribunal in Glencore Finance (Bermuda) Limited v. Bolivia has recently hinted at its intent to address an old question: What is the doctrine of “clean hands” in investment arbitration? On 31 January 2018, an arbitral tribunal composed of Professor Ricardo Ramírez Hernández, Professor John Gotanda and Professor Philippe Sands issued a Procedural Order…

Anti-suit injunction, International arbitration

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The short answer, I submit, is that it does. Nonetheless, there is no shortage of articles and commentaries purporting to explain some of the reasons why court-ordered anti-suit injunctions continue to be prohibited under Regulation (EU) 1215/2012 of the European Parliament and of the Council of 12 December 2012 on Jurisdiction and the Recognition and…

Anti-suit injunction, CJEU, International arbitration

(Coventry Law School, Coventry University)/ /1 Comment

On 6 June 2018, Justice Males at English High court in Nori Holdings Ltd v Bank Financial Corp [2018] EWHC 1343 (Comm) (Nori Holdings) provided clarifications on some of the legal issues on anti-suit injunctions. The facts revolved around an application for an anti-suit injunction to restrain the court proceedings commenced by the defendant (Bank)…

Arbitration, Costs, Costs in arbitral proceedings, Hungary, International arbitration, UNCITRAL, UNCITRAL Model Law

(Addleshaw Goddard LLP)/ /Leave a comment
Jeantet

On 17 May 2018, the Central European University and Jeantet co-organized a conference to discuss the new Hungarian Arbitration Act (the “New Act”), following the first months of its entry into force on 1 January 2018 (the “Conference”). The Conference was held in Budapest and the organizing committee was composed of Csongor Nagy (CEU, University…