Jurisdiction

Africa, Institutional Rules, Interview, Interviews with Our Editors, LACIAC, Nigeria, Nigeria Arbitration and Mediation Act

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Abimbola Akeredolu, SAN is a partner in the Litigation, Arbitration and Alternative Dispute Resolution practice at the Nigerian law firm Banwo & Ighodalo and the Chairman of the Lagos Chamber of Commerce International Arbitration Centre. She has more than 30 years of experience in commercial, intellectual property, tax, insolvency, labour and industrial disputes. Her experience…

Family disputes, France

(Arpège Famille) and (Université Paris-Saclay)/ /Leave a comment

Even though the use of arbitration in commercial disputes is widely established in Europe, most European countries seems unwilling to use arbitration in family matters although it provides for the same benefits to parties. England seems to perfectly understand the opportunity and necessity to use arbitration in such disputes in the domestic realm, thanks to…

Arbitration institution, CIAM, Spain

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On 19 October 2023, the Plenary of the Madrid International Arbitration Center (CIAM) approved its new Rules, which will enter into force on 1 January 2024. The CIAM was created in 2020 from the merger of the international activity of the three main and most active, in terms of caseloads, arbitral institutions in Spain: the…

Brazil, International Commercial Arbitration, Latin America

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As the most prestigious arbitral institution in the world, the ICC International Court of Arbitration celebrated its 100th anniversary in 2023. The Third ICC Arbitration Conference for the Northeast of Brazil (“ICC Conference”), convened by the International Chamber of Commerce Court and the National Committee of Brazil, took place on 4 October 2023, to commemorate…

ACICA, Australia, Evidence, Expert evidence, Surveys, Witness

(Australian Centre for International Commercial Arbitration (ACICA)) and (Herbert Smith Freehills LLP)/ /Leave a comment
ACICA 45

Evidence is the beating heart of almost every dispute, and there is no exception in international arbitration. Therefore, the ‘Evidence in International Arbitration Report’ (Report) recently released by the Australian Centre for International Commercial Arbitration (ACICA) and FTI Consulting on 6 September 2023 will be invaluable for arbitration users looking to test and improve their…

Caribbean, Latin America

(Caribbean Arbitrators, Arbitration Place, 33 Bedford Row Chambers), (Arbitra International), and (Government of The Bahamas)/ /1 Comment

In August 2023, the Institute for Transnational Arbitration (“ITA”) published the “Final Report and Recommendations of the ITA Caribbean Task Force” (“Report”). The Task Force, when the Report was published, consisted of Calvin Hamilton and Hon. Barry Leon (Co-Chairs) and Theominique D. Nottage (Deputy Chair), who are the authors of this post. The Task Force…

Chile, Latin America, Set aside an arbitral award, Set aside an international arbitral award

(Ugarte & Correa) and (Ugarte & Correa - Abogados Chile)/ /Leave a comment

In 2004, Chile enacted Law No. 19.971 on International Commercial Arbitration (“LACI”) based on the UNCITRAL Model Law of 1985 (“Model Law”). This note describes, without assessing its merits, how the process to resolve an application to set aside awards has evolved in practice in Chile (“Application for Set Aside” or “Application”), the sole remedy…

Brazil, Dispute Resolution, ICSID, Investment, Investment Arbitration, Investment Disputes, ISDS, ISDS Reform, Latin America

(Justen, Pereira, Oliveira & Talamini) and (University of Cambridge)/ /Leave a comment

“Corporations have their own global private court system – called ISDS – which they use to bully governments. But many victims of corporate human rights abuses don’t have any way of winning justice. This is unfair. We need to end these corporate courts now! Rights for people, rules for corporations.”  Letter from the Stop ISDS…

Constitutional Court, Ecuador, ICSID Arbitration, Latin America, Trade and investment agreements, Uncategorized

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Ecuador distanced itself from the International Centre for Settlement of Investment Disputes (“ICSID”) system more than a decade ago. During this period, Ecuador withdrew from all its bilateral investment treaties (“BITs”) and the 1966 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention” or “Convention”). In August 2021,…

China, Enforcement, Investment Arbitration, Investor-State arbitration, Sovereign Immunity

, (Hui Zhong Law Firm)/ /3 Comments

Introduction  On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the People’s Republic of China (“PRC”) Foreign State Immunity Law (“CFSIL”, bilingual version here).  It will enter into force on January 1, 2024, together with the amended Chinese Civil Procedure Law 2023 (“CPL 2023”, English translation here).  The new legislation not…

India, Indus Waters Treaty, Jurisdiction, Pakistan, Permanent Court of Arbitration

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Muddled in severe stress and conflict since the 1950s, the transboundary Indus basin is home to one of the longest rivers in Asia. Barraging disputes led to the signing of the Indus Waters Treaty of 1960 (“IWT”) between Pakistan and India. Oft-cited as one of the most successful transboundary water-sharing mechanisms in the world, the…

Dual Nationals, Interstate arbitral awards, Investment, Investment agreements, Investment Arbitration, Investment Disputes, Investment law, Investment protection, Investment Treaties, Investor, Latin America, Venezuela

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In the case of Santamarta v Venezuela, the dispute involved a dual national of Venezuela and Spain, who filed a claim against Venezuela for allegedly obstructing Santamarta’s pharmaceutical business, including an unlawful confiscation of a manufacturing plant. The arbitration proceedings were conducted in accordance with the UNCITRAL Arbitration Rules (1976) on the basis of the…

Amicable Settlement, Germany, SchiedsVZ, Singapore

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There is a debate about whether courts and arbitral tribunals should be involved in the amicable resolution of disputes. Different jurisdictions deal with this issue in different ways. This post considers the approaches taken by courts and tribunals in Germany, England and Wales, and Singapore to examine whether courts or tribunals in these jurisdictions, on…

Arbitration institution, Arbitration Reform, Libya

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In April 2023, Libya took a significant step forward in developing its legal system by issuing Law No 10 of 2023 on Commercial Arbitration (“New Arbitration Law”). The New Arbitration Law establishes a comprehensive legal framework for commercial arbitration in Libya, taking inspiration from the UNCITRAL Model Law and arbitration laws in neighbouring countries. Until…

Chile, Enforcement, Fair hearing, Latin America, Public Policy

, (Pellegrini & Rencoret)/ /Leave a comment

A recent ruling by the Chilean Supreme Court has clarified the extent of control that Chilean tribunals can exert when reviewing the procedural rules applied in arbitration awards seeking recognition in Chile (see Case N° 133.313-2022, dated 27 July 2023). Consistent with previous cases, the Court upheld a broad scope of freedom for parties to…

Brazil, France, Latin America

(Intern, International Court of Arbitration - ICC)/ /Leave a comment

On Friday 8 September 2023, the ICC International Court of Arbitration (‘ICC Court’) hosted a panel on the interaction between arbitration and national courts titled “Arbitration and National Courts – Convergence or Divergence?” at its headquarters in Paris. The event, organized by Pedro Arcoverde (then-ICC Court Managing Counsel and Lecturer at SciencesPo), as part of…

Legislation, Nigeria, Nigeria Arbitration and Mediation Act

(Africa Arbitration Academy ), (University of Iowa), and (American Bar Association)/ /Leave a comment

As the Arbitration and Mediation Act 2023 (AMA) reshapes the legal landscape of dispute resolution in Nigeria, one of its remarkable provisions is the establishment of the Award Review Tribunal (ART). At Kluwer Arbitration Blog, posts have already been published that provide an overview of the AMA and more insights into the ART. To recall,…

Arbitration clause, Dubai, UAE Federal Arbitration Law

(Al Owais Advocates & Legal Consultants)/ /Leave a comment

In a recent decision, Court of Cassation No. 585/2023 (Commercial), the Dubai Court of Cassation (“COC”) concluded that the invalidity of a contract extends to the arbitration clause included in the underlying contract. This post blog examines this decision, the outcome of which is contrary to well-established UAE law as well as prior Dubai court…

Canada, Costs, Costs in arbitral proceedings, Experts, Japan, Korea, Seoul ADR Festival

(Mitsubishi Heavy Industries)/ /Leave a comment

On the first day of the 2023 Seoul ADR Festival, Secretariat Advisors hosted a double feature of panels relating to arbitration costs. The first panel focusing on the recovery of arbitration costs featured James Chun (foreign attorney, Kim & Chang), Inkoo Lee (manager, Secretariat), and Bruno Savoie (foreign attorney, City-Yuwa Partners). Messrs. Lee and Savoie…

Ad hoc arbitration, China, Cryptocurrency, Expedited arbitration, Public Interest, Sport arbitration, Uncategorized

(Anjie Broad Law Firm (Xiamen Office)) and (China University of Political Science and Law)/ /Leave a comment
CIETAC Hong Kong Arbitration Center

On December 30, 2022, the Supreme People’s Court of the People’s Republic of China (“SPC”) released its 36th batch of six guiding cases, all of which relate to the judicial review of arbitration awards. Our previous article focused on the first three guiding cases (Guiding Cases 196, 197, and 198) which addressed several critical issues…

Crypto, Cryptocurrency, Korea, Technology

, (Bae, Kim & Lee LLC)/ /Leave a comment

According to a 2022 report by a cryptocurrency payment gateway company, since the cryptocurrency boom in 2017, Korea has truly become the “crypto hub of Asia,” powering nearly 30% of all cryptocurrency trades. But the unfortunate reality of these voluminous Korea-powered trades is that related disputes will inevitably arise. It is no secret that many…

Arbitrability, Corporate disputes, Guatemala, Latin America, Party autonomy

(Deel ) and (Universidad Rafael Landivar)/ /Leave a comment

The Guatemalan Constitutional Court (“Court”) recently ruled that a dispute can be too complex for an arbitral tribunal to decide for the umpteenth time. For context, the Court has jurisdiction to rule on the constitutionality of Guatemalan laws upon the request of an interested party. In a recent decision, the Court was tasked with deciding…

Berlin Dispute Resolution Days, DIS, Germany

(Hengeler Mueller) and (Linklaters)/ /Leave a comment

Is emergency arbitration’s Achilles’ heel? Or the most effective route out? In which scenarios are parties better advised to turn to state courts for interim relief? Will commercial courts become the new kids on the block, offering a better bet than (emergency) arbitrators for cross-border disputes? These were only a few of the questions discussed…

Berlin Dispute Resolution Days, DIS, Germany

(Gibson Dunn), (Dentons), and (Amereller)/ /Leave a comment

On 14 September 2023, the DIS Autumn Conference “A World Map of Arbitration in the 21st Century – and What to Find in Germany” showcased Germany’s eminent position in the field. While arbitration hubs like Paris and London enjoy widespread renown, Germany, often underappreciated internationally, offers its own legacy and contemporary prowess. As summarised in…