Jurisdiction

International Legal Theory and Teaching, Japan, Teaching International Investment Arbitration Series, WTO

(Waseda University)/ /Leave a comment

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…

Arbitration Agreement, German Federal Supreme Court, German law, Germany, SchiedsVZ

, , (WAGNER Arbitration)/ /Leave a comment

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)…

Arbitration Agreements, English Law, French Law, Governing Law, Singapore, Vietnam

(YKVN)/ /Leave a comment

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…

ADR Clauses, Arbitration, Arbitration clause, Brazil, Brazilian Arbitration Act, Hardship, Latin America

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

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…

Arbitration Agreements, English Law, French Law, Separability, Singapore, Vietnam

(YKVN)/ /Leave a comment

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…

Arbitrability, Kyrgyzstan, Tax

(American University of Central Asia) and / /Leave a comment

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…

Conference, Confidentiality, Hungary, Transparency

(SMARTLEGAL Schmidt & Partners)/ /1 Comment

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…

Germany, Reform

(University of Marburg)/ /Leave a comment

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…

Arbitration, Arbitration Institutions and Rules, Asia, Asia-Pacific, Institutional Arbitration, Institutional Rules, Intellectual Property, Intellectual Property Rights, International arbitration, KCAB, Korea, South Korea

, (Korean Commercial Arbitration Board (KCAB))/ /Leave a comment
KCAB International

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…

France, Mediation

(Jeantet) and (Lutran & Avocats Mediation)/ /1 Comment

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…

Central Asia, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan

(Dentons US), (Law Offices of Kiran N Gore PLLC; The George Washington University Law School), and (Dentons US LLP)/ /Leave a comment

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…

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,…