On December 8, 2023, a Permanent Court of Arbitration tribunal composed of José Emilio Nunes Pinto (president), Guido Tawil, and Claus von Wobeser issued its final award in Mota Engil v. Paraguay (the “State” or “MOPC”)1)Mota-Engil Ingeniería y Construcción S.A. – Sucursal Paraguay v. Republic of Paraguay – Ministerio de Obras Públicas y Comunicaciones, PCA…
In line with the Blog’s tradition of “year-in-review” series, this post looks back at some of the key investor-State arbitration developments that took place in Europe in 2023 as we covered them on the Blog (for relevant previous Year-in-Review coverage, see here and here). With the developments in the modernisation of the Energy Charter Treaty…
Traditionally, investor-state dispute settlement (“ISDS”) has not been linked to Environmental, Social, or Governance principles (“ESG”). At least not explicitly. Nevertheless, a growing number of arbitrations revolve around matters like environmental permits, green incentives, the need for a “social license,” and corruption. Interestingly, these matters have arisen even in the absence of explicit ESG regulations…
Indian Prime Minister, Narendra Modi, visited the United Arab Emirates (“UAE”) and Qatar last week as part of a state visit to the Middle East. This visit led to the signing of the India-UAE bilateral investment treaty between Indian Prime Minister Modi and the UAE’s president, Mohamed Bin Zayed on 13 February 2024. Along with the…
In recent years, the Kingdom of Saudi Arabia (“KSA”) has experienced a significant surge in construction projects and notable developments in its energy sector. The unveiling of new Smart Sustainable Cities and Special Economic Zones, aimed at enhancing business prospects, underscores the KSA’s commitment to fostering strategic sector development and attracting high-quality investments. These initiatives…
Clyde & Co LLP partnered with Jus Mundi and Queen Mary University of London (“QMUL”) School of International Arbitration to bring together a number of speakers on the development of arbitration and practice of investment in the Latin American (“LatAm”) region. The event kicked-off with a review of Jus Mundi’s latest energy arbitration report which…
On February 2, 2024, the United States filed an amicus brief (the “Amicus”) responding to a request from the United States (“US”) Court of Appeals for the DC Circuit to provide the US’ position regarding the enforcement of three “intra-EU” investment arbitration awards issued under the Energy Charter Treaty (“ECT”) against the Kingdom of Spain….
The Saudi Center for Commercial Arbitration (“SCCA”) has recently revamped its rules, aiming to solidify its position as a global leader in arbitration. The latest amendments, which have been elaborated in a previous post here, showcase a commitment to efficiency, flexibility, and party engagement, appearing to set a new standard for commercial dispute resolution and…
Amongst the strides taken by the United Arab Emirates (“UAE”) in recent years, there is the improvement made to the enforcement process of foreign awards in the UAE courts. This post examines the legislative changes made in this area, how the UAE courts have approached applications for the enforcement of foreign awards and the grounds…
This post will discuss the scope of arbitration agreements and arbitrability issues under the arbitration law of the Kingdom of Saudi Arabia (“KSA”), as interpreted by the Saudi Judiciary. Some of the principles that have been established by the Saudi judiciary in this regard include the following. Arbitration agreements bind the successors Arbitration agreements…
In October 2023, the European Commission published a Non-Paper of Annotations to Model Clauses for Negotiation or Re-negotiation of Member States’ Bilateral Investment Treaties (“BITs”) with Third Countries (“Model Clauses”) (“Non-Paper”). Non-papers are informal documents usually put forward in closed negotiations with EU institutions. The views in this Non-Paper do not necessarily communicate an official…
The Supreme Court of India (“Supreme Court”), in its recent landmark judgment in In Re: Interplay between Arbitration Agreements under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899 (“the 7J Judgment”), provides welcome clarity on the question of enforceability of arbitration agreements contained in unstamped or inadequately stamped contracts, and reinforces…
Expert witness evidence plays a pivotal role in the outcome of arbitrations, particularly in construction disputes. Rarely do construction disputes turn on significant differences between the parties’ versions of the facts, which are flushed out under dramatic, Boston Legal-style cross-examination. More often, it is the skilful application of settled facts by the parties’ legal counsel…
This post highlights the most significant arbitration-related decisions of the Swiss Federal Supreme Court (“SFSC”) in 2023 that are of interest to the international arbitration community at large. Part I focuses on the scope of arbitration clause and its validity in the context of a party’s (in)capacity of discernment, as well as on the new…
Part II of the 2023 Year in Review: Switzerland post (see Part I here) introduces new case law on the enforcement of arbitral awards. It also includes a continuation of the Swiss Federal Supreme Court’s (“SFSC”) case law on the parties’ duty of curiosity in respect of an arbitrator’s independence and impartiality. Enforcement a)…
Abu Dhabi’s latest foray, the Abu Dhabi International Arbitration Centre, came into effect on 1 February 2024. Branded and referred to as arbitrateAD, its new set of arbitration rules (“arbitrateAD Rules”) was published on 1 February 2024 and consists of a newly established Board of Directors and Court of Arbitration. In this post, we provide a…
Data-Related Disputes Nearly five billion people use social media. Last year saw the expansion of AI-based businesses, from search engines to data analytics to product development. Some of the most valuable data for AI-training sets includes photographs, names, birth dates, consumer preferences, and family histories that users have published online or otherwise made available. Companies…
Six years ago, the Kingdom of Saudi Arabia (“KSA”) introduced the Bankruptcy Law, revolutionizing the legal landscape for liquidation and restructuring. This marked a significant shift by establishing a clear framework for handling insolvent entities. Recently, the Saudi Civil Transactions Law (“CTL”), effective from December 2023, enables creditors to transfer their rights for consideration, potentially…
On 26 December 2023, Azerbaijan adopted a new Law on Arbitration (“the Law” or “the New Law”) that regulates both international and domestic arbitration. It is mostly based on the 2006 edition of the UNCITRAL Model Law on International Commercial Arbitration (“2006 UNCITRAL Model Law”) but contains certain important differences. This post discusses the most…
The first Riyadh International Disputes Week (“RIDW”) presents an excellent occasion for international, regional, and local experts and practitioners to meet and exchange their views regarding salient developments in the various areas of dispute resolution. The upcoming Saudi Center for Commercial Arbitration Third International Conference and Arbitration (“SCCA24”) on 6 March 2024, which is scheduled…
The United Arab Emirates (“UAE”) courts have traditionally held that arbitration is an exceptional means of resolving disputes. However, in recent years, there has been a significant shift in the UAE courts’ approach with decisions confirming that arbitration is not merely an exceptional means of resolving parties’ disputes, but an equal alternative to litigation. In…
On 22 February 2024, I am pleased to deliver the 6th ADR Address of the Supreme Court of New South Wales, co-organised by the Australian Disputes Centre. Past lecturers have been senior former or serving Australian judges, with some discussing developments in arbitration. More widely, there has been quite extensive discussion on case law and…
Arbitration has emerged as a preferred and valuable tool for resolving disputes. However, the associated costs and time can sometimes deter parties from pursuing this avenue. Fortunately, there are various strategies for parties to avoid lengthy proceedings, reduce costs, and regain control over the arbitral process. In this post, we have compiled a non-exhaustive list…
Countries have taken different strategies in framing the concept of fair and equitable treatment (“FET”). This post first highlights the evolution of the FET standard at a global level and then discusses the recent approaches taken by African states at an individual, regional, and continental level in framing this standard of treatment to better examine…
