Aircraft seizures tend to come up at the enforcement stage, oftentimes in relation to investment arbitration awards (see, e.g., proceedings against Tanzania or Equatorial Guinea). In Specter Aviation v. Laprade, however, the seizure of the Beechcraft Super King Air 300 (the “Aircraft”) is what triggered proceedings before the courts of the Canadian province of Québec,…
In the last three decades, the advent of investment treaty arbitration and more recently third-party funding have led to an exponential rise in the number of international arbitrations pursued by private parties against sovereign States. Against this background, on March 28, 2022, as part of Paris Arbitration Week, Curtis, Mallet-Prevost, Colt & Mosle hosted the…
Historical records indicate that Tuesday, 10 June 1958 must have been a busy day in the corridors of the United Nations.1)Gary Born and the author are Expert International Commercial Arbitration Consultants retained by the Asian Development Bank to advise states on accession to the Convention, legislative reform and capacity building. On that day, following the…
It is trite to suggest that the awards rendered under the aegis of the International Centre for Settlement of Investment Disputes (“ICSID”) are insulated from national court review. In the context of recognition and enforcement, national courts are not permitted to examine ICSID arbitral awards. In 2006, 50 years after the ICSID Convention came into force, commentators…
A dual webinar series “Do You Know What Your Neighbour is Doing?” (available at links here and here) recently hosted by Dentons provided an overview of how to navigate international arbitration in the United States (“US”) and Canada. The first webinar was moderated by Rachel Howie, FCIArb (Calgary). It featured three panelists who discussed international…
Ever since the Chinese government officially adopted it in 2013, the Belt and Road Initiative (BRI) has evolved restlessly. Yet, ten years later, its exact delineations are still somewhat blurry: the global infrastructure project encapsulates all at once a vision, a strategy and a policy. One certainty, however, remains constant. The BRI is and will…
The 2019 Moroccan Model BIT (the ‘2019 Model BIT’) is a good example of the growing body of ‘new generation’ Model BITs fuelling the ISDS reform conversation. Broadly speaking, the drafters of these agreements (including the 2019 Dutch Model BIT, 2017 Colombian Model BIT, and 2016 Pan-African Investment Code) have attempted to rethink means of…
On 9 February 2022, the French Supreme Court (‘Cour de cassation’) held that a respondent party in arbitration cannot sabotage proceedings by refusing to pay its share of the advance on costs, then subsequently challenge the jurisdiction of national courts in favour of arbitration. Such behaviour, according to the French Supreme Court, constitutes a breach…
For the last 20 years Latin America has been a fertile ground for ISDS. From the cases against Argentina in the early 2000s, to those against Venezuela, Ecuador, Mexico and Bolivia in subsequent years, and more recently Peru and Colombia, investment treaty disputes in the region have continued to arise. While the seeds of the…
Ms Lucy Reed is a full-time arbitrator and a Visiting Professor at National University of Singapore. Previously, she was the Co-Head of Freshfields Bruckhaus Deringer’s Global International Arbitration Group. Her prior experience includes acting as the US Agent to the Iran-US Claims Tribunal and as General Counsel of the Korean Peninsula Energy Development Organization (“KEDO”). …
As he embarks on the second half of his term, Mexico’s President, Andres Manuel López Obrador (known as “AMLO”), continues to fight foreign investors in a myriad of sectors. By now it is clear that his presidency will be marked by his stance against the private sector and previous administrations which, in his view, “pillaged…
As part of the 2022 Paris Arbitration Week, Jeantet organised a round table on “The Fair and Equitable Treatment Standard: Update and Perspective”. The panel was composed of Yuriy Pochtovyk (Legal Official, Energy Charter Secretariat), Prof. Kaj Hobér (Associate Member, 3 Verulam Buildings), Barton Legum (Partner, Honlet Legum Arbitration), Irena Alajbeg (Croatian Ministry of Foreign and…
As part of the 2022 Paris Arbitration Week, Jeantet organised a conference on “The impact of Russian sanctions on international commercial arbitration: from arbitrability to enforcement”. The panel was composed of Crina Baltag (Associate Professor, Stockholm University; and Editor of the Kluwer Arbitration Blog), David Lasfargue (Partner, Jeantet), Niamh Leinwather (Secretary General, VIAC), Evgenyia Rubinina…
Environmental concerns now play an increasing role in investment disputes. In this regard, this post analyses the interpretation of an environmental carve-out in an investment treaty in the decision on jurisdiction and liability in Eco Oro Minerals Corp. (“Eco Oro”) v. Colombia. Background and Award This dispute arose from Colombia’s measures adopted in connection…
When and how arbitral tribunals should give effect to international sanctions is a long-standing question in international arbitration. Unilateral economic sanctions have been traditionally characterised as factual impediments that could trigger force majeure or frustration of purpose defences. However, a growing number of scholars and practitioners have criticised this factual approach and have advocated for…
On 18 February 2022, the Brussels court of first instance set aside an UNCITRAL award regarding a claim brought against the Republic of Poland under the US-Poland bilateral investment treaty (US-Poland BIT). This is the first time we see a Belgian court set aside an investment treaty award. The court decided that the arbitral tribunal…
In Singapore, lawyers and their clients will soon be able to enter into conditional fee agreements (“CFAs”) for arbitrations and certain court proceedings. CFAs provide parties with an alternative to traditional fee arrangements and third-party funding (“TPF”) by enabling part or all of their lawyers’ fees and costs, as well as an uplift fee, to…
On 14 March 2022, the first day of the inaugural California International Arbitration Week, the Japan Commercial Arbitration Association (“JCAA”) hosted a webinar on the rising waves of arbitration in Japan and California. The session was moderated by Kazuhiko Nishihara (Secretary General, Japan International Mediation Center in Kyoto), and featured speakers Yoshinori Tatsuno (Partner, Mori…
On the third day of the Inaugural California International Arbitration Week, Silicon Valley Arbitration & Mediation Center (“SVAMC”) held a webinar on the locus of international disputes. The focus of the session was the shifting seat of international disputes, as arbitration’s centre of gravity is steadily advancing to the Pacific. This westward (from a United…
The inaugural California International Arbitration Week (“CIAW”) took place on March 14 through 18, 2022 and highlighted the attractive features of arbitrating international commercial disputes in California. What better way to begin CIAW than in Hollywood, with a discussion on recent international dispute developments and trends in the film and entertainment industry. The panel featured…
A topic that has been hugely debated in the arbitration world is whether non-payment of the advance on arbitration costs constitutes waiver of the arbitration clause. The answer to this debate does not only differ from one jurisdiction to another but may differ in the same jurisdiction. This blog post examines how the courts in…
The recent Award in AFC v. Colombia dated 24 February 2022 provides new developments on the scope of Rule 41(5) of the Arbitration Rules of the International Centre for the Settlement of Investment Disputes (the “ICSID Rules”). The Tribunal dismissed the claims of AFC Investment Solutions S.L. (the “Claimant”) after accepting a defense raised by…
Russian full-scale invasion of Ukraine consolidated the international community in strong political condemnation and accompanying legal sanctions against vital sectors of the Russian economy. International business followed suit with more and more multinational companies ceasing their investments in Russia or pulling out their businesses entirely. As reported by the Wall Street Journal, the Russian response…
In late 2021, the Kluwer Arbitration Blog published a series of posts regarding issues faced by arbitral and financial institutions as a result of restrictions on transfers of funds under both primary and secondary sanctions programmes, and in particular on the potential effects of asset freezes, as well as on restrictions that form part of…
