Jurisdiction

Canada, Investment agreements, Investment Arbitration, Investment Disputes, Investment law, Investment Treaties, Mexico, NAFTA, United States, USMCA

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School) and (Australian National University)/ /Leave a comment

On June 30, 2020, an era of international investment law and dispute resolution came to an end as the North American Free Trade Agreement (NAFTA) concluded its 27-year tenure with the entry into force of United States – Mexico – Canada Agreement (USMCA). Three years later, a further milestone is now marked: today, Canada, which…

Supreme Court, United States, United States Courts

(Chaffetz Lindsey LLP)/ /Leave a comment

On 22 June 2023, the Supreme Court of the United States issued an opinion in the combined cases of Yegiazaryan v. Smagin et al. and CMB Monaco v. Smagin et al., Case Nos. 22-381 & 22-383 (U.S.).  The case resolves divergent lower appellate rulings in the United States over whether a non-U.S. domiciliary may sustain a…

Canada, Climate change, Energy, ICCA, VanIAC

(Roschier)/ /Leave a comment

On an exceptionally sunny day in Vancouver, Canada, Vancouver International Arbitration Centre (VanIAC) and International Council for Commercial Arbitration (ICCA) hosted a joint conference entitled “Energy Infrastructure Disputes and Arbitration: Today and Tomorrow”. The one-day conference kicked off with a traditional welcome by Wilson Williams (Sxwíxwtn) of the Squamish Nation on June 2, 2023. After…

Canada, Climate change, Energy Dispute, ICCA, VanIAC

(Woods LLP)/ /Leave a comment

During the first days of June, the scenic Canadian city of Vancouver hosted several events of interest to the arbitration community. The biggest of these was the June 2 joint conference organized by the Vancouver International Arbitration Centre (“VanIAC”) and the International Council for Commercial Arbitration (“ICCA”), which will be discussed in a separate blog…

Careers in Arbitration, Pakistan, Pakistan International Disputes Weekend (PIDW)

(Fietta LLP)/ /Leave a comment

Last month, Pakistan International Disputes Weekend 2023 (PIDW 2023) brought to the fore important discussions on international dispute resolution, to support restructuring access to justice and improvement of the rule of law index in Pakistan. This post recaps the discussions on Day 2 of PIDW 2023, whilst yesterday’s post highlighted the key points from Day…

CPEC, Pakistan, Pakistan International Disputes Weekend (PIDW)

(Fietta LLP)/ /Leave a comment

Last month, the historically prominent city of Lahore, placed itself on the map among other global hotspots for international dispute resolution-focused events, Pakistan International Disputes Weekend 2023 (PIDW 2023) co-hosted by Chartered Institute of Arbitrators (CIArb) Pakistan Branch, MK Consultus LLP and TCC ADR Center was held on 20 and 21 May 2023 at the Pearl…

ADR, Arbitrator Intelligence, Arbitrator Selection, Brazil, Latin America, Technology

(Barbosa, Müssnich & Aragão Advogados – BMA) and (XGIVS Advogados)/ /Leave a comment

On May 9, 2023, the Arbitration Channel, a pioneer Brazilian institution in the dissemination and promotion of arbitration internationally, held the XVII Rio de Janeiro International Arbitration Conference (“Rio Arbitration Conference” or “Congress”), curated by  João Bosco Lee (Lee Taube Gabardo Sociedade de Advogados, Partner) Lauro Gama (Lauro Gama Advogados Associados, Partner) and Maurício Almeida…

Arbitration institution, CCB Bogota, Colombia, Interviews with Our Editors, Latin America

(Herbert Smith Freehills) and (BakerHostetler)/ /Leave a comment

Gustavo Piedrahita is an attorney with more than 15 years of professional experience. He received his law degree (LLB) from Universidad de la Sabana in Colombia and has a master’s degree in corporate law from Universidad Sergio Arboleda. He is a specialist in commercial, financial, and environmental law. Mr. Piedrahita acts as a domestic and…

ECT Modernisation, ECT Withdrawal, European Union, Treaty Amendment

(University of Vienna)/ /Leave a comment

Several EU member states have abandoned the modernization of the ECT and expressed their intention to withdraw from the ECT (see here). In February 2023, a Commission non-paper was leaked, which describes a coordinated withdrawal of the EU and its member states from the ECT as the ‘the most adequate option’. Such a coordinated withdrawal…

COVID-19, DIS, Germany, War

, (Hogan Lovells)/ /Leave a comment

The DIS Spring Conference, one of the DIS’s two main annual conferences, attracted over 300 participants and took place in Munich on 3 May 2023 after the traditional Gala Dinner on the eve of the conference. The conference set off with a welcome note by Dr. Rouven F. Bodenheimer (DIS), introducing the theme of the…

Arbitration Act, Saudi Arabia, SCCA

(Public Law Department at King Faisal University)/ /6 Comments

The development of arbitration and its associated regulatory practices in the Kingdom of Saudi Arabia (“KSA”) began with the enactment of the 2012 KSA Arbitration Law (“2012 Law”) in March 2012. Ten years later, this post discusses the progress of arbitration in the KSA and the significant strides made by the KSA which positions it…

Investment protection, Investor-State arbitration, Israel

and (Meitar Law Offices)/ /1 Comment

Israel is known as the land of “milk and honey.”  But in recent years it has also become known as the land of innovation and entrepreneurship.  Successful Israeli start-ups include Waze (the satellite navigation company), M-Systems (the developer of the first USB drive), and MyHeritage (the online genealogy platform). As Israel has progressively embraced liberalism,…

Brazil, Brazilian Superior Court of Justice, Conflict of Jurisdiction, Latin America

(Mattos Filho Advogados)/ /2 Comments

On June 10, 2022, the Superior Court of Justice in Brazil (“STJ”) ruled on the conflict of competence No. 185.702/DF (“CC 185.702/DF”) under the premise that arbitration has a jurisdictional nature and, therefore the STJ has jurisdiction to decide conflict of competences between arbitral tribunals constituted pursuant to the rules of the same arbitral institution…

Abu Dhabi, Courts, Dubai, MENA, Pathological arbitration agreement, UAE Federal Arbitration Law, Uncategorized

(Nayiri Boghossian FZE)/ /1 Comment

Pathological clauses are not an infrequent occurrence in the arbitration world. We often see arbitration clauses which are poorly drafted and may result in rendering the clause inoperable. Being able to predict how a court would treat a pathological clause would help the parties and specifically the party wishing to file proceedings decide whether they…

Costs, India, Third party funding

, (Cyril Amarchand Mangaldas)/ /1 Comment

The Delhi High Court has resoundingly acknowledged the viability of third-party funding (“TPF”) in providing access to justice for claimants in arbitrations. In a welcome judgment, the Court ruled that a funder was not liable for an arbitral award and therefore need not furnish security in the enforcement thereof. The Court said the funder could…

Interviews with Our Editors, ISTAW, Turkey

(Africa Global Logistics)/ /Leave a comment

Mr. Süleyman Boşça is a Türkiye-based lawyer specialized in international arbitration and energy law, currently acting as Chairman of the Energy Disputes Arbitration Center (EDAC). Mr. Boşça is also the founder and managing partner of Bosca Law Firm. Among other professional activities, he is the Chairman of the Energy Law Research Institute and a member…

Greece, Reform

(Archipel)/ /Leave a comment

On 4 February 2023, Law 5016/2023 (the “2023 Law”), Part A of which is entitled “International Commercial Arbitration”, was published in Greece’s Official Government Gazette (see an unofficial English translation here). Prior to the 2023 Law, Greek-seated international arbitral proceedings were governed by Law 2735/1999 (the “1999 Law”), which was based on the 1985 version…

Anti-enforcement Injunction, Energy Charter Treaty, Enforcement, Netherlands, Spain

(Conway & Partners)/ /Leave a comment

On 28 February 2020, two Dutch investors obtained a favourable arbitral award against Spain. The tribunal found that Spain had violated the Energy Charter and ordered Spain to pay damages of EUR 15.4 million to AES Solar Energy Coöperatief U.A. (AES) and EUR 11.1 million to Ampere Equity Fund B.V. (AEF). Despite Spain’s attempts to…

ADR, Arbitration, Arbitration Act, Brazil, Brazilian Arbitration Act, Disclosure, Duty to Disclose, Impartiality, Latin America

(University of Cambridge)/ /Leave a comment

Despite being a relatively young market at just over 20 years old, Brazilian arbitration has experienced rapid growth. As of 2020, Brazil ranked second in the number of arbitrations filed with the International Chamber of Commerce (ICC), surpassing all European, African, and Asian jurisdictions. Brazil is also among the top five nationalities represented among arbitrators,…

Arbitral Award, Free Trade Agreements, Investment Disputes, Investment law, Investment protection, Investment Treaties, Investor-State arbitration, Latin America, Peru

(Baker McKenzie)/ /1 Comment
Asociación Latinoamericana de Arbitraje (ALARB)

Despite the good results obtained for several years in its defense from investment arbitration claims, the Republic of Peru has become one of the countries with the highest number of arbitration claims filed against it. To date, nineteen cases have concluded, and twenty-three cases are pending resolution. In December 2022, an award was issued in…

Climate change, ECT Withdrawal, Energy Charter Treaty, Energy Dispute, Enforceability, Enforcement, ESG, Europe, LIDW 2023, Political Risk Insurance, Ukraine, War

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The Panel “The Future of Major Energy Projects Crises, Challenges, and Opportunities” took place on the penultimate day of the London International Disputes Week 2023 (“LIDW 2023”) on 18th May 2023 in the London office of McDermott Will & Emergy with panellist Armando Neris from McDermott Will & Emery, Lucian Ilie from Outer Temple Chambers,…

Arbitrability, International Commercial Arbitration, Singapore, Singapore Court of Appeal

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On 6 January 2023, the Singapore Court of Appeal (the SCA) passed a judgment in Anupam Mittal v Westbridge Ventures II that redefines existing notions of the law applicable to subject matter arbitrability at the pre-award stage (the Westbridge Judgment). The High Court’s decision which was appealed before the SCA is discussed here. National courts…

Arbitration Agreement, India, Validity

and (Trilegal)/ /Leave a comment

In an India-seated arbitration, if your contract is unstamped or insufficiently stamped, the Supreme Court of India has now confirmed in its authoritative judgement passed on April 25, 2023, in N N Global Mercantile Private Limited v. Indo Unique Flame Ltd. & Ors. (“NN Global”) that this would be a valid ground to disallow acting…