Jurisdiction

ArbitrateAD, Arbitration institution, DIAC, Dubai, Middle East, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Singapore, United Arab Emirates

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In September 2021, the United Arab Emirates (“UAE”) issued Decree No. 34 of 2021 (“Decree 34”) by which the DIFC Arbitration Institution, the administering body of the DIFC-LCIA arbitration centre (“DIFC-LCIA”) was abolished with immediate effect, and all its obligations, rights, and resources were assigned to the Dubai International Arbitration Centre (“DIAC”). Decree 34 also…

Africa, Climate change, Dispute Resolution, Energy, LCIA, Uncategorized

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The global fight against climate change demands a swift transition to cleaner energy sources. Underscoring this urgency, the 28th Conference of the Parties of the United Nations Framework Convention on Climate Change (also known as the “Paris Agreement”) (“COP 28“), held in Dubai in November 2023, called for ambitious goals. At this conference, nearly 200…

ADGM, ArbitrateAD, Costs in arbitral proceedings, CRCICA, Dubai, ICC Rules, LCIA Rules, MENA, SCCA, SIAC, UAE Federal Arbitration Law

, (Galadari Advocates & Legal Consultants)/ /1 Comment

On 5 February 2024, the Dubai Court of Cassation (“DCC”) issued a judgment in Commercial Case No. 821/2023 (“DCC Judgment”). It upheld an earlier judgment of the Dubai Court of Appeal (“CoA”) which set aside an arbitration award issued under the ICC Rules of Arbitration  2021 (“ICC Rules 2021”) in part concerning the recovery of…

Brazil, Latin America

(Manesco, Ramires, Perez, Azevedo Marques Sociedade de Advogados)/ /Leave a comment

In October 2023, the Law 14,711/2023 was sanctioned, aimed to establish new rules on foreclosures, seizures, mortgages, and transfers of properties to settle debts, by amending certain sections of Law 8,935/1994 (which regulates notary and registration services). Some argue that the inclusion of a legal provision authorizing public notaries to act as arbitrators had two…

California International Arbitration Week, China, Shanghai International Arbitration Center

(Pepperdine Caruso School of Law)/ /Leave a comment
Young California Arbitration (Young CalArb)

During the California International Arbitration Week, held in San Francisco, California, on March 11-14, 2024 (full schedule), the Shenzhen Court of International Arbitration (SCIA) presented a panel on U.S.-China commercial dispute resolution. The panelists included Dr. Liu Xiaochun (President, SCIA), Guoyong Huang (Director of the International Cooperation and Development Department, SCIA), Peter Neumann (Arbitrator; Adjunct…

Asia, Paris Arbitration Week

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Paris, amidst its annual Arbitration Week in 2024, saw the convergence of arbitration practitioners and enthusiasts at the Hyatt Paris Madeleine for the conference “The Rise of Arbitration in Asia,” a testament to the region’s expanding arbitration influence, convened by Rajah & Tann Asia. The discussion was marked by the presence of distinguished legal professionals,…

Bolivia, Illegality, Investor-State arbitration, Latin America, Unclean Hands

(Dentons Guevara & Gutierrez)/ /Leave a comment

For several years, the uncertainty of the (un)clean hands principle has been subject to debate due to the diverse approaches taken by arbitral tribunals. However, in September 2023, the tribunal in Glencore Finance (Bermuda) Ltd. v. The Plurinational State of Bolivia (PCA Case No. 2016-39) may have indirectly settled the uncertainty. The case proposes a…

Enforcement, India, New York Convention

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The Territorial Reservation under Article 1(III) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (“Convention”) presents an interesting conundrum. Despite widespread acceptance of the Convention, the Territorial Reservation continues to be a domestic limitation on the Convention’s applicability. In this post, we analyse how the Territorial Reservation ought…

Appeal, Arbitral seat, Hong Kong, Interim measures, Jurisdiction, Singapore

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Hong Kong and Singapore often take the top spots as the preferred arbitral seats in Asia and globally.1)See for instance the 2021 and 2018 Queen Mary University London International Arbitration Surveys. Hong Kong and Singapore rank top three as the most preferred seats in the 2021 survey, and top three in the 2018 survey. These…

Assignment, Bulgaria, International arbitration

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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…

Enforcement, Hong Kong, Russia, Sanctions

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In a world where present geopolitical tensions continue to worsen and the current global order continues to show signs of disintegration, sanctions have emerged as a key strategic tool to pressure third countries to comply with their international law obligations and further prevent additional violations of international agreements. With this comes disputes in a myriad…

Ecuador, Latin America

(Pérez, Bustamante & Ponce) and (Pérez Bustamante & Ponce)/ /Leave a comment

On 22 December 2023, a Tribunal composed of Prof. Bernard Hanotiau, Prof. Brigitte Stern and Dr. Andrés Rigo Sureda (President) issued a final award (“Award”) in an investment treaty case PCA 2019-15 (“Dispute”), between Worley International Inc. (“Worley” or “Claimant”) and The Republic of Ecuador (“Ecuador” or “Respondent”). The dispute arose in connection with agreements…

Arbitration, International arbitration, Johannesburg Arbitration Week, Seat of the arbitration, South Africa

(Arbitration Foundation of Southern Africa (AFSA) International) and , , (Webber Wentzel )/ /Leave a comment

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….

AfCFTA, CAJAC, Johannesburg Arbitration Week, South Africa

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The Arbitration Foundation of Southern Africa (AFSA) will be hosting the first Johannesburg Arbitration Week (JAW) at the Sandton Convention Centre in Johannesburg, South Africa, from 9 to 11 April 2024. Originally scheduled for March 2020, the event was, of necessity, postponed when COVID-19 swept away all before it. With that aberration now consigned to…

ADR, Brazil, ICC Arbitration Day

(Barbosa, Müssnich & Aragão Advogados – BMA) and / /Leave a comment

On 7 March 2024, the National Branch (“ICC Brasil”) and the ICC Court of Arbitration (“ICC Court”) held the 12th ICC Brazilian Arbitration Day (“ICC BAD” or “Conference”) in São Paulo. Since its inception in 2015, the ICC BAD has enjoyed consistent success, and in 2024 arbitration practicing lawyers and clients had further reasons to…

ICSID, Recognition and enforcement of arbitral award, Sovereign Immunity, UK, Zimbabwe

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On 19 January 2024, the High Court of Justice of England and Wales gave judgment in Border Timbers Ltd v Republic of Zimbabwe [2024] EWHC 58 (Comm). The decision of Dias J considered, in detail, the application of the UK State Immunity Act 1978 (“SIA”) to the registration, enforcement, and execution of ICSID arbitral awards…

Arbitrability, France

(Diamantis & Partners)/ /2 Comments

57 years ago, the French Cour de Cassation’s Galakis decision (Civ. 1re, 2 May 1966) laid down the principle that French public entities may, exceptionally, submit to arbitration disputes arising from international contracts. Some would even consider that this principle was already in existence with the San Carlo case (Civ. 1re, 14 April 1964) where…

Investment, Investment Disputes, Mining Sector, Mongolia

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Mongolia is a country rich in natural resources. Its estimated mineral wealth is $1-3 trillion, with coal, copper, and gold making up the primary reserves. Having been so well endowed by Mother Earth, Mongolia would seem to be an obvious choice for international investors with capital and expertise to exploit these valuable opportunities. However, the…

Annulment, Public Policy, Spain

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Herbert Smith Freehills

Spanish regional High Courts of Justice (Tribunales Superiores de Justicia) have heard applications to annul awards since the 2011 amendment to the Spanish Arbitration Law (“SAL”). The most active among the seventeen regional courts has been the High Court of Justice of Madrid (“TSJM”), in charge of hearing annulment proceedings of Madrid-seated arbitral awards. According…

CEE, Central Asia, Enforcement, Paris Arbitration Week, Russia, Sanctions, Third party funding

(Addleshaw Goddard LLP)/ /Leave a comment

The eighth edition of the Paris Arbitration Week (“PAW”) started this Monday with Addleshaw Goddard hosting a roundtable event on “The Evolution of Arbitration in the Central Eastern Europe and Central Asia Regions: A Roadmap for the Future”. The discussion included experts from various background: Sébastien Jean (Associate Director of the Geoeconomics and Geofinance Initiative,…

Poland

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The Polish Supreme Court (“PSC”) found an arbitration clause unenforceable due to the impecuniosity of one of the parties. This blog post discusses the decision, puts it in the broader context of international and EU law, and considers its relevance to the Court of Justice of the EU (“CJEU”) intra-EU commercial arbitration case law.  …

Arbitration Agreement, Assignment, Assignment of arbitration clause, India

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Under the Indian Contract Act 1872 (“ICA”), an arbitration agreement is a distinct and separate contract. Like all other contracts, it can be transferred by way of assignment to third parties under Section 37 of the ICA. The Supreme Court of India in Khardah Company Ltd vs Raymon & Co. (India) Private Ltd has held…

Arbitral Award, Enforcement, Germany, Primacy Principle, Set aside an international arbitral award, Singapore, Transnational Issue Estoppel

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Large arbitral awards have generally given rise to multi-jurisdictional post-award litigation (see Yukos). The Deutsche Telekom v India saga is a similar instance, with the Republic of India (“India”) having challenged the arbitral awards before the Swiss Federal Supreme Court (“seat court”) and the courts in Germany, Singapore, and the United States (“US”) (“enforcement courts”)….

Amendment, Arbitration Act, Arbitration Reform, Papua New Guinea, UNCITRAL Model Law

(Nambawan Super) and (Munro Leys)/ /Leave a comment

On 20 February 2024, Papua New Guinea (“PNG”) passed a dual-track legislative regime regulating arbitration (“New Arbitration Regime”), with the Arbitration (International) Act 2024 (“IAA”) governing international arbitration and a separate Arbitration (Domestic) Act 2024 (“DAA”) governing domestic arbitration. The New Arbitration Regime will come into operation upon the publication of a notice in the…