In this blogpost I will explain why the European Union (“EU”) failed to meet its own constitutional requirements as set forth in Art. 21 of the Treaty on European Union (“TEU”) when it decided not to sign the modernized Energy Charter Treaty (“ECT”) text, which was recently adopted. As a starting point, I will use…
On June 24, 2024, the European Union (“EU”) has introduced Council Regulation 2024/1745 which imposes the 14th package of sanctions against Russia, intensifying its response to Russia’s continued aggression in Ukraine. Among the key legal innovations in this package are Articles 11a and 11b, which provide EU operators with two distinct legal bases to seek…
Keeton v. Tesla addresses a significant question: whether a section of the California Arbitration Act (CAA) is preempted by the United States Federal Arbitration Act (FAA). The California Court of Appeal concluded that Section 1281.98 of the CAA is not preempted by the FAA, although, due to procedural nuances under the California Rules of Court,…
In Case No. ECLI:NL:GHAMS:2024:947, the Appeal Court in Amsterdam granted leave to enforce an arbitral award despite the applicant being unable to produce the original arbitration agreement or a duly certified copy thereof, as prescribed by article IV(1) of the New York Convention. This post assesses this decision and similar decisions against the background of…
From 20 to 22 November 2024, the Japan Commercial Arbitration Association (JCAA) hosted the second edition of the JCAA Arbitration Days, as part of the inaugural Japan International Arbitration Week (JIAW) in Tokyo. This article reports on the second day of the JCAA Arbitration Days, held in hybrid format on 21 November 2024. The panels…
This year, Japan held its first ever Japan International Arbitration Week (JIAW) in Tokyo from 18-22 November 2024. Previously held as a standalone event for the first time last year, this year’s Japan Commercial Arbitration Association (JCAA) Arbitration Days featured an expanded two days of sessions in English followed by one day of sessions in…
On 8 November 2024, the Roma Tre-UNIDROIT Centre for Transnational Commercial Law and International Arbitration held its first Annual Conference, titled ”The Many Shades of Climate Change: Through the Lenses of Dispute Settlement”, at the Bank of Italy’s ‘Carlo Azeglio Ciampi’ Convention Centre, Rome. The conference was co-organised by the Roma Tre-UNIDROIT Centre and the…
In the recent Singapore High Court (“Court”) case of DJA v DJB [2024] SGHCR 10 (“DJA v DJB”), the Court was tasked with determining the novel question of whether the general legal principles for an application for a case management stay apply when an applicant seeks a case management stay of its own application to…
In recent years, there has been a boom in international demand for Latin American commodities as well as massive foreign investment in the region, especially in the energy, mining and construction sectors. This has led to a corresponding increase in the number of international contracts involving a Latin American party and a foreign party that…
On 9 August 2024, the Commercial High Court of England and Wales (the “Court”) has declined to set aside the Permanent Court of Arbitration (“PCA”) investment award issued in Diag & Mr. Josef Stava v Czech Republic (the “Award”), rejecting the jurisdictional challenges raised by the Czech Republic (the “Judgement”). The Czech Republic challenged the…
In a noteworthy decision, the German Federal Court of Justice (Bundesgerichtshof, “BGH”) (Case No. I ZB 34/23, 11 July 2024 – “Decision”) addressed the German arbitration law provision mirroring Article 31(1) 1985 UNCITRAL Model Law on International Commercial Arbitration (“Model Law”). It found that the note “signature could not be obtained” provides sufficient reason for…
In an attempt to modernize Pakistan’s legal regime on arbitration, the Law and Justice Commission of Pakistan assembled the Arbitration Law Review Committee (the “ALRC”), and tasked it to prepare a new legislation on the subject. After protracted deliberations by members of the ALRC, the draft Arbitration Act, 2024 (the “Draft Act”) has come into…
In May 2024, an LCIA tribunal issued an award in a multi-million-dollar arbitration involving the construction, operation, and service provision of a coal transportation and storage system. The case, which spanned three years, centered on complex issues of party joinder, cross-claims, and contractual obligations. On August 23, 2024, the Claimants filed a petition before the…
Law No. 20.257, enacted on April 25, 2024, amended the arbitration procedure in domestic arbitrations contained in the Uruguayan General Procedural Code (“GPC”). Pursuant to Law No. 19.636–Act on International Commercial Arbitration (“AICA”), the amendment of the General Procedural Code enhanced the domestic arbitration framework by providing greater flexibility. The new law eliminated the mandatory…
On November 8, 2024, the Standing Committee of the 14th National People’s Congress released for public comment the draft amendment to the PRC Arbitration Law (“2024 Draft”) after its first review during the Twelfth Session meeting. The 2024 Draft version generated immediate and widespread concerns and criticism. In stark contrast to the draft amendment released…
Greenwashing has become a key target of regulators and climate activists alike, as they bring claims against companies who now face fines, litigation and potential brand damage for misrepresenting the environmental benefits of their products, services and policies. Regulators across the world have launched campaigns against greenwashing. In the US, prior to its recent disbandment,…
On the first day of Seoul Arbitration Festival 2024, law firms Yoon&Yang, 39 Essex Chambers, and Al Tamimi & Company hosted a panel discussion titled ‘New and Renewable Energy Landscape in Korea and Beyond—Current Issues in Project Development and Dispute Resolution.’ The discussion was divided into two sessions. The first session focused on current new…
The Court of Appeal of Amsterdam (the “Court”) recently granted leave to enforce a foreign ICC award in the Netherlands, despite fraud allegations and pending setting-aside proceedings in France. The Court (i) accepted territorial jurisdiction on the basis of the claimant’s plausible intent to enforce within the jurisdiction, (ii) examined the fraud allegations with a…
With Procedural Order No 4 on Bifurcation (hereinafter “PO 4”), the Tribunal of Alberta Petroleum Marketing Commission v. USA issued a decision on bifurcation at the request of the Respondent following, as many others, Glamis Gold. While in Glamis Gold the request to bifurcate proceedings was rejected, this Tribunal decided to grant the application. The…
In a pivotal ruling on August 16, 2024, the U.S. Court of Appeals for the D.C. Circuit (“Appellate Court”) addressed whether intra-EU arbitration awards issued under the Energy Charter Treaty (“ECT”) are enforceable in U.S. federal courts. With Spain facing over $390 million in awards, the Appellate Court confirmed that U.S. courts have jurisdiction to…
In July and August 2024, the Court of Appeal for Ontario (CA) and the Ontario Superior Court of Justice (SCJ) have addressed critical questions concerning the jurisdiction of arbitration tribunals. Two noteworthy decisions have emerged: the first shedding light on the tribunal’s authority to correctly apply matters within its own jurisdiction, and the second on…
On March 27, 2024, an arbitration tribunal issued its Phase II award in the EcuadorTLC v. Ecuador II case (“EcuadorTLC II”), a decision that has flown under the radar of systemic analysis. This case is one of a number of new Ecuadorian arbitration cases (here, here) that have come into the public eye in the…
On October 1st, over 40 attendees—including senior lawyers, arbitrators, and law students—gathered at Debevoise & Plimpton’s New York offices for a groundbreaking ITA Americas Initiative event titled “Dialogues on Latin American Arbitration: Mining Disputes, China’s Growing Influence, and Recurring Damages Issues.” Organized with the support of the Asociación Latinoamericana de Arbitraje (ALARB), this forum marked…
Brazil is internationally recognized as an arbitration-friendly jurisdiction. As a signatory to the New York Convention, its arbitration framework is modeled on UNCITRAL Model Law, and its highest courts actively support and promote arbitration. Despite this, the participation of Brazilian public entities in arbitration remains a subject of debate, even though legislative reforms aimed at…
