Jurisdiction

KSA, RIDW, Saudi Arabia, SCCA, Uncategorized

(Abdel Raouf Law Firm)/ /Leave a comment

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…

Dubai, MENA, United Arab Emirates

, (Al Tamimi & Company)/ /Leave a comment

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…

ADR, Arb-Med, Asia-Pacific, Australia, International Arbitration Procedures, International Commercial Arbitration, investor-State arbitration and mediation, Litigation, Med-Arb, Mediation

(University of Sydney & Williams Trade Law)/ /Leave a comment

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…

KSA, RIDW, Saudi Arabia, SCCA

, , , (Addleshaw Goddard LLP)/ /Leave a comment

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…

Africa, FET

(Morgan and Morgan )/ /Leave a comment

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…

KSA, RIDW, Saudi Arabia, SCCA

(Clyde & Co. LLP)/ /Leave a comment

The imminent arrival of Riyadh International Disputes Week (“RIDW“) is a natural opportunity to reflect on the Gulf/Middle East disputes market and the factors that will impact on the success of the Saudi Center for Commercial Arbitration (“SCCA“) which will undoubtedly be at the heart of RIDW. As with all things in the Gulf/Middle East…

Antitrust arbitration, Competition Law, EU Competition Law, EU Law, Germany, ISU v Commission

, , , (Willkie Farr & Gallagher LLP)/ /Leave a comment

The German Federal Court of Justice (“BGH”) set off a heated debate when it vacated an arbitral award based on the false application of certain sections of the German Competition Act (GWB) on September 27, 2022 (BGH KZB 75/21), conducting a full review of the arbitral award on the merits. German practitioners were concerned that…

2023 in Review, Arbitration Agreements, Canada, Independence and Impartiality

(Woods LLP)/ /Leave a comment

In 2023, Canadian courts were called to rule on a multitude of fascinating issues, including distinguishing arbitration from expert determination (Clearspring Capital Partners II v. Logistik Unicorp Holdings), exercising their inherent powers to appoint a notable international arbitration law firm as amicus curiae (Hypertec Real Estate Inc. v. Equinix Canada Ltd.), and holding that a…

2023 in Review, Annulment, Canada, Due process, Procedural Fairness, Recognition and enforcement of arbitral award, Set aside an arbitral award

(Woods LLP)/ /Leave a comment

This Part 2 continues reflections on key arbitration-related developments in Canada during 2023. Whereas Part 1 addressed the courts’ approaches to arbitrator independence and impartiality and the unconscionability of arbitration agreements, this Part 2 shines light on different takes on procedural fairness and “fresh evidence” in post-award proceedings.   What is “Proper Notice”? The past…

KSA, RIDW, Saudi Arabia, SCCA

, , (White & Case LLP)/ /Leave a comment

The inaugural Riyadh International Disputes Week (“RIDW”), commencing on 3 March 2024, is a milestone event for the Kingdom of Saudi Arabia (“KSA”) and the disputes field, uniting key players in the field to explore the alternative dispute resolution landscape in the KSA and beyond.  RIDW, the first event of its kind in the KSA,…

BIT, India, Investment Arbitration, Investment Disputes

(Nishith Desai Associates) and (Clifford Chance Asia)/ /Leave a comment

India ADR Week (“IAW“) 2023 was hosted by the Mumbai Centre for International Arbitration (“MCIA“) across three cities – Bengaluru, Delhi and Mumbai. Gathering over 700 attendees from a cross-section of the arbitration community, IAW featured more than 40 events over six days in a series of in-person and virtual panels. The breadth and diversity…

Arbitration Agreements, Class arbitration, Cryptocurrency, Singapore, Stay of Proceedings

, and (Khaitan and Co., Singapore)/ /Leave a comment

The General Division of the High Court of the Republic of Singapore (“SGHC”) in the matter of Beltran, Julian Morena and another v. Terraform Labs Pte Ltd and others [2023] SGHC 340 recently dismissed an appeal against an Assistant Registrar’s decision denying a stay in favour of arbitration on the basis that the First Defendant…

Arbitration Agreement, India, Validity

and (Trilegal)/ /1 Comment

The Indian arbitration bar was waiting for an important judgment of a 7-judge bench of the Indian Supreme Court (“Judgment”), which reviewed its own earlier judgment in NN Global Mercantile Private Limited v. Indo Unique Flame Ltd. and Ors. (“NN Global”) covered in a previous blog post here. The issue before the Indian Supreme Court…

Brazil, Latin America

(XGIVS Advogados)/ /Leave a comment

On 22 November 2023, the Brazilian Arbitration Committee (“CBAr”) and the Brazilian Association of Jurimetrics (“ABJ”) officially launched the final report on the Arbitration Observatory project (“Report”), in an in-person event at the Attorney’s Association of São Paulo that attracted many law students, lawyers, and arbitrators (see here for further details). The Report aims at…

Arbitration Agreement, Non-signatory, Ukraine

(AGA Partners Law Firm)/ /Leave a comment

On 1 November 2023, the Grand Chamber of the Ukrainian Supreme Court – the highest judicial body in the country – opined on the extension of the arbitration clause to non-signatories in its judgement in case No. 910/3208/22 (Berezan Processing Plant v Grain Power, hereinafter ‘Berezan case’). This judgement is a landmark one because it…

2023 in Review, California, United States

, (Norton Rose Fulbright US LLP) and (Quandary Peak Research)/ /Leave a comment
Young California Arbitration (Young CalArb)

In 2023, the international arbitration landscape in California continued to develop and grow. This blog post highlights the past year’s most notable events impacting international arbitration practitioners in the Golden State. 2nd Annual California International Arbitration Week, and Plans for 2024 In March 2023, California Arbitration (CalArb) and California Lawyers Association (CLA) hosted the 2nd…

2023 in Review, Annulment, Arbitrability, Duty to Disclose, France, French Law, Investment Arbitration

(Africa Global Logistics) and (Laborde Law)/ /Leave a comment

This post provides a recap of notable arbitration-related developments in France in 2023. Far from being an exhaustive account, it focuses on French court decisions in the areas identified below. Overall, French courts have not only consolidated their approaches on recurring topics—as was the case in 2020, 2021, and 2022—but have also taken a slightly…

Arbitration Agreement, Court Proceedings, Indonesia, Third Party

(Leks&Co)/ /Leave a comment

An arbitration agreement is an agreement to resolve disputes through arbitration. Its existence precludes disputing parties from bringing their dispute to court: see Article 3 of the Arbitration and ADR Law of the Republic of Indonesia (“Arbitration Law”), which stipulates that Indonesian courts have no jurisdiction to try disputes between parties bound by an arbitration…

2023 in Review, AfCFTA, Africa, Bribery, Egypt, Nigeria, Nigeria Arbitration and Mediation Act

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2023 stands out as a pivotal year marked by substantial advancements in arbitration across the African continent. Despite global challenges such as the lingering impacts of the COVID-19 pandemic and projections of a slow recovery in Foreign Direct Investment (“FDI”) in the continent, African practitioners have demonstrated unwavering resilience and commitment to propelling the field…

Bahrain, Mediation, MENA

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The Bahrain Court of Cassation (“Court of Cassation”) recently examined the relationship between arbitration and a pre-required mediation step in its decision of 19 June 2023 in Case No. 815 of 2022. The case concerned a multi-tiered dispute resolution clause providing for mediation then arbitration. The parties’ agreement in this case, however, was atypical, as…

Russia, Ukraine, Washington Arbitration Week

(Georgetown University Law Center) and (Concepción Global, PLLC, Universidad Complutense de Madrid)/ /1 Comment

The Fourth Edition of the Washington Arbitration Week (WAW) took place from 27 November to 1 December 2023. This post highlights the panel titled ‘The Ukraine Crisis and Post-War Scenarios’. Jose Antonio Rivas, SJD (co-founder of WAW/Xtrategy), introduced the panel by remarking that despite the fact that the Russian invasion had already lasted for almost…

Bankruptcy, Enforcement, Ireland, Sanctions

(Dentons US LLP) and (Dentons UK LLP)/ /Leave a comment

The 11th annual Dublin International Arbitration Day took place on 17 November 2023 at the Distillery Building, Dublin 7. A conference famed for its action-packed schedule, range of panels on hot topics, and eminent supporters, the event was exceptionally well attended by international and domestic attendees with one of the biggest turn-outs yet. Keynotes from…

ALARB, Interim measures, Latin America, Mexico

(Mueller Abogados) and (Alvarado Moreno Abogados)/ /Leave a comment
Asociación Latinoamericana de Arbitraje (ALARB)

Precautionary measures in international arbitration is a topic that never ceases to raise new questions and enhance further advancements due to its growing use and constant development. For instance, Mexico has experienced some improvements in these last decades regarding aspects such as anti-arbitration injunctions, powers of the court to order interim measures, the scope of…

Arbitration Agreement, Italy, SchiedsVZ

(University of Würzburg)/ /Leave a comment

Assuring a speedy resolution of potential disputes is a very important concern for most parties entering into arbitration agreements. One means to ensure a speedy arbitration can be a fixed deadline for the arbitral tribunal’s decision. With a focus on Italian law –under which Article 820(2) of the Code of Civil Procedure fixes a 240-day…