Jurisdiction

Judicial intervention, Latin America, Preliminary measures, Provisional Application, UNCITRAL Model Law

(Marval, O’Farrell & Mairal) and , (Marval O'Farrel & Mairal)/ /Leave a comment

The Commercial Court of Appeals in the City of Buenos Aires recently granted a request for preliminary measures. These measures aimed to obtain the necessary elements to analyze and determine whether the counterparty had breached a stock purchase agreement that included an arbitration clause as the dispute-settlement mechanism. In this post, we discuss whether courts…

Applicable Law, Arbitration Agreement, France, UK Supreme Court

(Peter Sester Advogados)/ /Leave a comment

The landmark decision of the UK Supreme Court (the “Court”) handed down in 2021 in the case Kabab-Ji SAL v. Kout Food Group  has already attracted considerable attention. Thus far comments focused on the Court’s construction of the New York Convention of 1958. Yet, the decision deserves a second look – which this post aims…

China, New York Convention, Taiwan

, (Wilmer Cutler Pickering Hale and Dorr LLP)/ /7 Comments

The Republic of China, also known as “Taiwan,” is among the world’s leading economies.  In 2021, Taiwan had a gross domestic product of US$ 670 billion, predicted to increase by 6.45% in 2022; by 2026, Taiwan is projected to be the world’s twentieth largest economy.  Taiwan was the United States’ eleventh largest trading partner in…

Arbitration Award, Emergency Arbitrator, Enforcement, Singapore

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On 7 October 2022, the High Court of the Republic of Singapore (“High Court”) delivered a landmark decision on the enforceability of foreign emergency arbitration awards in CVG v CVH. The High Court rejected the enforceability of the emergency award on the ground of procedural irregularity, reinforcing the importance of due process even in cases where…

CIS, New York Convention, Turkmenistan

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On 17 April 2022, the president of Turkmenistan signed a law on accession of Turkmenistan to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention” or “Convention”). The Government of Turkmenistan deposited the instrument of accession with the Secretary-General of the United Nations on 4 May 2022. In…

ICSID, International Investment Arbitration, Recognition and enforcement of arbitral award, Ukraine

(Genesis) and (Sayenko Kharenko)/ /1 Comment

Despite the ongoing Russian full-scale invasion of Ukraine and constant terror, Ukrainian courts continue to function and deliver justice. Recently, the Supreme Court has adopted a landmark judgment regarding the enforcement of ICSID awards in Ukraine, which is set to change judicial practice going forward. Our colleagues previously highlighted the deficiencies of the Ukrainian court…

Chinese Arbitration Association, Environment, ESG, Taipei, Taiwan, Technology

(The Arbitration Chambers and Bond University) and (Hanotiau & van den Berg)/ /Leave a comment

The Chinese Arbitration Association, Taipei and Asian Center for WTO & International Health Law and Policy co-hosted the annual Taipei International Conference on Arbitration and Mediation during the Taiwan Arbitration Week on 5 October 2022. With onsite and online moderators and speakers, three sessions of the Conference explored how the pandemic, digital economy and ESG…

ADR, Chinese Arbitration Association, Taipei, Taiwan, Technology

(Allen & Overy) and (The Arbitration Chambers and Bond University)/ /Leave a comment

The Chinese Arbitration Association, Taipei and Asian Center for WTO & International Health Law and Policy co-hosted this year’s Taipei International Conference on Arbitration and Mediation during the Taiwan Arbitration Week on 5 October 2022. With onsite and online moderators and speakers, three sessions of the Conference explored how the pandemic, digital economy and ESG…

ADR, Court Assistance, Courts, Development, Pakistan

(Samdani & Qureshi), , and (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

“International Conference: Expeditious Dispensation of Justice – ADR The Way Forward” was held on 1 and 2 September, 2022 at Serena Hotel, Islamabad, Pakistan and in the Islamabad High Court respectively. The conference was dedicated to exploring the ways in which alternative dispute resolution (ADR) and arbitration can support the progressive development of the legal…

Dispute Settlement, Energy, Mexico

(Texas A&M University School of Law)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

A North American energy trade war may be on the horizon. President Andres Manuel Lopez Obrador (AMLO) is backstepping the opening of Mexican energy markets by halting the issuance of permits, providing competitive advantages to state-owned enterprises, and attacking independent regulators. The re-centralization of the energy sector is being done in the name of Mexico’s…

Australia, Bias, Canada, Independence and Impartiality, India

, (Boies Schiller Flexner LLP)/ /1 Comment

Over the last few years, arbitrator independence and impartiality have been under heightened scrutiny by courts and tribunals. This is not unexpected. The importance of the rule against bias is best explained by Lord Denning’s dictum in Metropolitan Properties Co (FGC) Ltd v Lannon [1969] 1 QB 577 where he held that “[j]ustice must be…

Canada, CanArb Week, ICC, ICC Arbitration

(Dentons), (Teynier Pic), and (Mitsubishi Heavy Industries)/ /Leave a comment

On the third and final day of CanArb Week 2022, the ICC Canada Arbitration Committee held its annual conference titled The New World. The conference sessions were bookended by opening and closing remarks by Professor Janet Walker (Chair, ICC Canada, Atkin Chambers, Full Professor, Osgoode Hall Law School) and Myriam Seers (Vice-Chair, ICC Canada, Partner,…

Arbitrator Bias, Canada, CanArb Week, Jurisdiction, Non-signatory, Stay of Proceedings

(Woods LLP)/ /Leave a comment

The third edition of CanArb Week took place in Montréal from October 19 to 21, 2022. Speakers from all walks of arbitration life (academics, arbitrators, counsel, experts, leaders of arbitral institutions, and third party funders), as well as justices of the Supreme Court of Canada, gathered in the “Paris of North America”, to the delight of…

Appointment of arbitrators, Duty to Disclose, Reform, Summary procedure, UK

and , (Mayer Brown)/ /Leave a comment

The Arbitration Act 1996 (the “Act“), the principal legislation governing arbitration in England, Wales and Northern Ireland, came into force 25 years ago. This landmark Act has enabled London to become a top arbitral seat and England and Wales is now home to at least 5,000 arbitrations every year. On 22 September 2022, to mark…

2022 Nigeria Arbitration Bill, 2022 Sierra Leone Arbitration Act, AAA Model BIT, Ad hoc arbitration, AfCFTA, Africa, World Arbitration Update

(Strasbourg University)/ /1 Comment

The second edition of the World Arbitration Update was held from 26 to 30 September 2022. The panels dedicated to the African region were held on September 28, and one of the panels focused on ‘Legal Developments in Sub-Saharan Africa’. The panel discussions provided an overview of and updates on the practice of arbitration in…

Achmea, ECT Modernisation, European Court of Justice, European Union, Fair and Equitable Treatment, fossil fuels phase out, Investor-State arbitration, ISDS Reform, right to regulate, Treaty Making

(Seven Summits Arbitration), (University of Copenhagen), and (Hasselt University )/ /Leave a comment

The Centre for International Law and Governance, University of Copenhagen, in cooperation with Hasselt University and Seven Summits Arbitration, recently hosted an expert roundtable on “The Energy Charter Treaty (ECT) at a Crossroads”. The discussion, moderated by the three authors of this post, focused on the relationship between investor-state dispute settlement (ISDS), investment protection, modernization…

Guatemala, Investment, Latin America, stabilization clauses, Tax incentives

(Georgetown University Law Center)/ /Leave a comment

On September 19, 2022, the Guatemalan Congress enacted the Act for Promotion of Investment of Foreign Capital, 46-2022 (Ley de Fomento de Inversión de Capital Extranjero) (the “Act”), which came into force on September 27, 2022. The Act aims to promote investment projects from foreign capital in Guatemala. The Act gives special treatment to foreign…

Applicable Law, Arbitration Agreement, France

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The epic finale of the Kabab-Ji saga has arrived.  On 28 September 2022, the French Court of Cassation has delivered its long-awaited decision in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) (Court of Cassation, Appeal No. 20-20.260) less than a year following the United Kingdom Supreme Court’s (UK SC) final say in the case’s…

Arbitrator Challenges, Costs, Due process, Efficiency, Expedited arbitration, IBA Guidelines on Conflicts of Interest, KCAB, Korea, Multi-tiered clauses, Seoul ADR Festival, Virtual hearings

, (Kim & Chang)/ /Leave a comment

The Seoul ADR Festival (“SAF”) 2022, conducted by the Korean Commercial Arbitration Board, was held between 7-11 November 2022. The 11th Asia-Pacific ADR Virtual Conference, the flagship conference of SAF 2022, took place on 9-10 November 2022 and was attended by more than 400 participants. It covered a broad range of topics over four sessions….

Balkans, Damages, Enforcement, Investor-State arbitration

(LK Law), (Red Lion Chambers), (Sejdiu & Qerkini), and (Kalo & Associates)/ /Leave a comment

On 29-30 September 2022, the second annual Balkan Arbitration Conference (“BAC 22”) – was held in Tirana, Albania. The Conference is the first arbitration conference for the Balkan region as a whole. Its purpose is to provide a forum to help build cooperation and develop the use and practice of arbitration in the Balkan region….

Agreement in writing, Arbitration Agreement, Poland

, (GESSEL)/ /Leave a comment

The COVID-19 pandemic made us realize that a lot of business can be conducted remotely, and that drafting contracts does not have to involve physical signatures on the same documents by all the parties involved. This progress, of course, has not bypassed arbitration. In this post, we will look at how to effectively conclude an…

Australia, Australian Arbitration Week, Emergency Application, Emergency Arbitrator, Emergency Measure, Injunction, Interim measures, Interim Orders, interim relief

, , , (Corrs Chambers Westgarth)/ /Leave a comment

The annual “Great Debate” took place on the fourth day of Australian Arbitration Week. This event, organised with the support of hosting sponsor Corrs Chambers Westgarth, has now become a mainstay of Australian Arbitration Week, and involves a lively comedic debate between Team Arbitration and Team Litigation about which method of dispute resolution should reign…

Australia, Australian Arbitration Week, Technology

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On the second day of Australian Arbitration Week, DLA Piper’s office in Melbourne, Australia, hosted a panel addressing “Hot Issues Involving Technology Arbitration”. The panel comprised: Gowri Kangeson (Partner in DLA Piper’s Litigation and Regulatory, and Arbitration Groups); Tim Lyons (Partner in DLA Piper’s Intellectual Property and Technology Group); and Jason Choi (Senior Associate in…

ACICA, Arbitral Appointments, Arbitrators, Asia-Pacific, Australia, Australian Arbitration Week, CIArb, Diversity, Interviews with Our Editors

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Caroline Kenny KC is a barrister, mediator, and arbitrator. She has over 30 years’ experience in commercial disputes. In 2008 she was appointed as King’s Counsel and has since been recognised as a Chartered Arbitrator – the only female Chartered Arbitrator in Australia. Caroline’s arbitration experience therefore spans across various roles within international commercial arbitration…