From 29 May to 1 June 2023, Mexico Arbitration Center (“CAM”), the Mediation and Arbitration Commission of the Chamber of Commerce of Mexico City (“CANACO”), and the CAM/CANACO Young Arbitrators Forum came together to organize the inaugural edition of Mexico Arbitration Week. This event aimed to connect professionals from the international community, foster debates, and…
The evolution of the Indian arbitration jurisprudence regarding reasoned awards has been marked by ambiguity and divergent approaches. Initially, the requirement for reasons for arbitral awards was not firmly established. However, with the insertion of Section 31 in the Indian Arbitration and Conciliation Act, 1996 (“the Act”) the requirement of stating reasons in arbitral awards…
As Latin America welcomes left-leaning political regimes, the region’s regulatory landscape undertakes an increasingly uncertain state for foreign investors. In terms of cross-border investment dynamics, Latin America’s history has demonstrated that its embrace or lack thereof is shaped by cycles of political and economic regimes. Thus, a wave of direct or indirect expropriations, regulatory overreaches,…
Under the Law on Commercial Arbitration 2010 (“LCA”), both domestic and international arbitral awards can be set aside on the basis that the arbitral award contravenes the “fundamental principles of Vietnamese law.” This concept, however, is undefined and broad, causing much uncertainty, especially in light of decisions of the Vietnamese courts. In 2020, the People’s…
The requirement that a tribunal be impartial is a fundamental procedural principle. It is not surprising, then, that under Art. 18 of the Russian Arbitration Act, arbitration proceedings are conducted, first and foremost, based on the principle of impartiality and independence of arbitrators. Although the Russian International Arbitration Act, based on UNCITRAL Model Law 1985,…
Late last year, the Securities and Exchange Commission of the Philippines (“SEC“) issued its Memorandum Circular No. 8 (s. 2022) (“MC 8″). MC 8 gives effect to Section 181 of the Revised Corporation Code (“RCC“) and, among other things, specifies the role of the SEC in arbitrations involving intra-corporate disputes. Section 181 of the RCC…
Our previous post on this Blog explored the Polish post-award case law from 2020. We tried to answer whether Poland is an arbitration-friendly jurisdiction. And we concluded that out of the more than 200 proceedings we have been able to review, arbitral awards were set aside or refused enforcement / recognition only in a relatively…
The Tashkent Law Spring Forum (“Forum”), organized by the Ministry of Justice of Uzbekistan, is an important symbol of Uzbekistan’s efforts to establish itself as an open economy and an important player in global and regional markets. The inaugural forum was held in 2019 and attracted more than 1,200 participants and speakers from all over…
On April 19, 2023, a new law on arbitration was adopted in Luxembourg, aimed at modernizing the current provisions to attract arbitrations to the Grand Duchy. The multiculturalism and multilingualism that characterize this small country make it a prime location for the developing field of arbitration. The urge for a new regulation of arbitration was…
Tel Aviv Arbitration Week 2023 had something for everyone! The jam-packed week included many different professional, social and networking events. This article highlights three important panel discussions that were held during the week. ESG Arbitration: the Future? This panel was moderated by Mr Shai Wade (RPC); and was composed of Deger Boden (Deger Law),…
In the home of the “start-up nation”, panels on Technology Disputes and the Future of Arbitration” as well as “Post M&A Disputes” took place as part of the 2023 fourth annual Tel Aviv Arbitration Week (“TAAW 2023”), which took place from 26 February to 2 March 2023. This post summarizes the discussions held during both…
For almost two decades, the State of Israel has been an active member of the UN Commission on International Trade Law (“UNCITRAL”), with participation from both state officials as well as private actors. In keeping with a now-established tradition, Tel Aviv Arbitration Week (“TLAW“) opened on 26 February 2023 with an event hosted by the…
This post presents some highlights from the workshop titled “Ethics in Arbitration”, as well as relates an important value the authors took away from listening to workshop’s notable speakers, as part of Tel Aviv Arbitration Week (“TAAW”) 2023. The Tel Aviv Young Arbitral Forum was established in 2020 by Ayelet Hochman (White & Case), Nuna…
The World Trade Organization (“WTO“) dispute settlement is akin to a distant cousin for the investment law community. Many investment lawyers know little about it except that it exists. It operates under a different treaty framework and involves different procedures from investment treaty arbitration. However, it is one of the two most frequently used international…
Can an arbitration agreement be binding on a party that did not sign it? Generally, an arbitration agreement only binds its signatories. This is a transnational principle, also anchored in the German Constitution. There are, however, widely accepted exceptions. This article examines the extension of arbitration agreements to third parties under the requirements of Sec. 25(1)…
The inaugural Vietnam ADR Week (“VAW”) took place in Ho Chi Minh City from 9 to 12 May 2023. As a sponsor of VAW, Vietnamese law firm, YKVN, organized a discussion panel on 10 May 2023 on a comparative analysis of the approaches taken by various national courts towards the governing law of the arbitration…
Arbitration can be defined as a dispute resolution mechanism by which parties submit their case to a specifically chosen decision-maker to render a binding decision. Arbitration is a consensual procedure and can only be initiated if parties have agreed to do so. As most arbitration laws, the Brazilian Arbitration Act (“BAA”) provides for the enforceability…
The inaugural Vietnam ADR Week (“VAW”) took place in Ho Chi Minh City from 9 to 12 May 2023. As a sponsor of VAW, Vietnamese law firm YKVN organized a discussion panel on 10 May 2023 on a comparison of the interplay of the separability doctrine and questions relating to formation and validity of arbitration…
In 2019, a blog post discussed the push in Kyrgyzstan towards expanding the scope of arbitrable disputes. This trend has continued with the recent Tax Code reform, which allows tax disputes to be arbitrated in the country from 1 January 2023 onward. This development reflects the Kyrgyzstan government’s ongoing efforts to rectify shortcomings in its…
A pioneer in the region of Central and Eastern Europe (CEE region), the Permanent Arbitration Court attached to the Hungarian Chamber of Commerce and Industry (HCAC) signed a partnership agreement with the Paris-based legal-tech start-up, Jus Mundi, allowing for the online accessibility of anonymized Hungarian arbitral decisions in English. Since the issue of publication of…
The German Federal Ministry of Justice published a White Paper on the Modernization of German Arbitration Law (unofficially translated by the DIS) on 18 April 2023. Its primary goal is to adapt the law to today’s needs to enhance its efficiency and strengthen Germany’s attractiveness as an arbitration venue. This post details the twelve issues…
In recent years, there has been a significant increase in IP cross-border disputes, including in non-traditional sectors. The Korean Commercial Arbitration Board (“KCAB”), which is the sole arbitral institution in Korea that is statutorily authorized to settle disputes under the Korean Arbitration Act, has experienced a gradual increase in IP-related cases. This article aims to…
The French Supreme Court (“Cour de cassation”) has ruled (1st February 2023, No. 21-25.024) that the breach of a mediation clause is not a matter of jurisdiction and as such cannot lead to the annulment of an award in which a tribunal has retained its jurisdiction, even though the mediation process has not been implemented…
On the eve of this year’s Tashkent Law Spring Forum, ICC YAAF, together with My Lawyer Law Firm and Dentons LLP, coordinated an event hosted by the Tashkent office of Dentons on Arbitration Developments in Uzbekistan and other Central Asian States. The event featured insights by practitioners and stakeholders on the Central Asian market for…
